Wallbrook respects your privacy and is committed to protecting your personal data. This privacy notice is for:
Clients’ staff Potential clients’ staff Suppliers’ staff
Potential suppliers’ staff Job applicants
Individuals whose data we process as part of our due diligence services to our clients (DD Individuals)
This privacy notice will inform you as to how we collect and process your personal data, what your privacy rights are and how the law protects you.
2. Important information and who we are
Please read this privacy notice
It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data.
Wallbrook Advisory Limited is the controller (or, in the case of DD Individuals, joint controller together with our relevant client) and responsible for your personal data (collectively referred to as "Wallbrook", "we", "us" or "our" in this privacy notice).
We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, please contact the data privacy manager using the details set out below.
Full name of legal entity: Wallbrook Advisory Limited.
Name or title of data privacy manager: Ian Barclay.
Email address: firstname.lastname@example.org
Postal address: 1 Poultry, London, EC2R 8EJ.
Telephone number: 0203 887 0042.
You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
Changes to the privacy notice and your duty to inform us of changes
This version was last updated on 2 October 2018.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
3. The data we collect about you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer the following different kinds of personal data about you:
· Identity Data includes first name and last name.
· Contact Data includes email address and telephone numbers.
· Employment/Education History Data for example employment and education history stored on a CV.
· Due Diligence Data includes personal data that we collect when providing due diligence services to our clients. This data may include profile and reputation information that we collect about an individual who our client is considering doing business with.
4. How is your personal data collected?
You may give us your Identity and Contact Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you enquire about our services.
If you are a job applicant, you or a recruitment agency may provide us with a copy of your CV containing Employment/Education History Data when you apply for a position with us.
Third parties or publicly available sources
If you are a DD Individual we may collect Due Diligence Data from various sources such as public registers, internet searches, social media searches and from businesses or individuals who have local knowledge of the jurisdictions in which you are based or in which you operate.
5. How we use your personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
· Replying to an enquiry that you have sent us.
· Providing our due diligence services to our clients.
· Receiving goods or services from your business.
· Considering your job application.
· Sending you information about our services.
· Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
· Where we or any of our joint controllers need to comply with a legal obligation.
· Where you have provided explicit consent.
See section 11 below to find out more about the types of lawful basis that we will rely on to process your personal data.
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:
Service offers from us
We may use your personal data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which services may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us and you may receive marketing communications from us if we are legally permitted to make unsolicited contact with you. We will not contact you if you have opted out of receiving that marketing.
We do not share your personal data with any business outside ours for marketing purposes.
You can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you would like an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
6. Disclosure of your personal data
We may share your personal data with the parties set out below for the purposes set out in section 5 above.
External Third Parties as set out in section 11 below.
Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
All third parties are required to respect the security of your personal data and to treat it in accordance with the law.
7. International transfers
We do not transfer your personal data outside the European Economic Area (EEA) other than as set out below.
Like most businesses we use software to support our operations. For example, we use Microsoft as our email provider. Your personal data may therefore be transferred out of the EEA because Microsoft and other major players in the software industry store some of their data in the U.S.
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
· We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
· Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.
· Where we use providers based in the U.S., we may, instead of using model contracts approved by the European Commission, transfer data to them if they are listed on the EU-U.S. Privacy Shield List.
What is the EU-U.S. Privacy Shield List?
The EU-U.S. Privacy Shield Framework was designed by the U.S. Department of Commerce and the European Commission to provide companies on both sides of the Atlantic with a mechanism to comply with data protection requirements when transferring personal data from the European Union to the United States in support of transatlantic commerce. On July 12, 2016, the European Commission deemed the EU-U.S. Privacy Shield Framework adequate to enable data transfers under EU law.
The Privacy Shield program, which is administered by the International Trade Administration (ITA) within the U.S. Department of Commerce, enables U.S.-based organisations to join the EU-U.S. Privacy Shield Framework in order to benefit from the EU’s adequacy determinations. To join the EU-U.S. Privacy Shield Framework, a U.S.-based organisation is required to self-certify to the U.S. Department of Commerce and publicly commit to comply with the Framework’s requirements.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
8. Data security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
9. Data retention
How long will you use my personal data for?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
Details of retention periods for different aspects of your personal data are available in our data retention policy which you can request by contacting us.
In some circumstances you can ask us to delete your data: see “request erasure” in section 10 below for further information.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
10. Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data. You have the right to:
Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above, please contact us.
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Legitimate Interest means (a) the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience and (b) the interest of our business in receiving goods/services from your business or considering your application to work with us and (c) the interest of our business and of our client’s business in conducting due diligence checks to ensure that our clients comply with legal and regulatory obligations (most commonly, legal and regulatory obligations around the prevention of bribery, corruption and money laundering). We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our or our clients’ legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we or our joint controllers are subject to.
Explicit Consent means where you have consented to us processing your personal data and you have provided that consent on a basis that is freely given, specific, informed and unambiguous.
External Third Parties
· Service providers who provide IT and system delivery/administration services.
· Service providers who provide due diligence services to help us deliver our due diligence services to our clients.
· Our clients who receive our due diligence services.
· Professional advisers who provide, for example, accountancy and legal services.
· Regulators and other authorities who may require reporting of processing activities in certain circumstances.