Welcome to the Clearwell Capital Group’s Privacy Notice. This Privacy Notice (“Notice”) explains how we use (“Process”) your personal information (including personal information that you provide to us about other persons) (together, “Personal Information”). It also explains your privacy rights and how you can exercise them.
Clearwell Capital Group Limited (Company Number: 10773845) is the holding company for all of the following companies, all of which are Data Controllers as defined in the EU General Data Protection Regulation 2016/679. 2018 and are registered under the following numbers with the Information.
Commissioner’s Office .:
Collectively, these companies are termed “Clearwell” or “we, “our” or “us”).
We respect your privacy and we are committed to protecting your personal data. We are responsible for the Personal Information we collect about you (including through the https://www.clearwellcapital.co.uk/ website). The type of Personal Information we collect and how we Process it will vary depending on the relationship we have with you (e.g. whether you are a borrower, a supplier or someone else). Please note in particular that:
We will publish updates to this Privacy Notice on this website, with relevant changes highlighted as appropriate. Where we hold or Process your Personal Data, we will also take appropriate measures to inform you of any amendments which have a material impact on you and your ability to exercise your privacy rights.
If you have any questions regarding our processing of your Personal Information or would like to
exercise your privacy rights, please email: [email protected]
We collect Personal Information to provide our services, for legal and regulatory purposes and to
manage our business and relationships. For further details, please see the ‘Use of your Personal
Information’ section of this Notice below.
|Public information||Personal Information about you or your business which is publicly available, for example on your employers’ website, public professional social networking sites, the press; and relevant electronic data sources.|
|Information from third parties||Personal Information provided to us by third parties (for example by our clients; agents; suppliers; advisers; consultants, lawyers and other professional experts; counterparties; previous, current and future employers; correspondents and enquirers; regulators and public authorities; relatives; and other persons) where such information is provided to us in connection with the relevant purposes set out in this Notice.|
You will voluntarily provide most of your Personal Information directly to us. We will also obtain Personal Information from other sources or persons. Sometimes the provision of your Personal Information to us by third parties will be unsolicited and/or provided in confidence (for example, reports made to us by regulators and other persons) and we will be unable to notify you of this. In all cases we shall take such necessary steps to ensure that Personal Information is obtained and used in a fair and lawful way.
The categories of Personal Information we collect will vary, depending on our specific relationship with you and the context. We will not be able to further our relationship with you without certain Personal Information.
|Type of Data||Examples||Context|
|Identification details||Your passport/ID and proof of address.||We will typically ask for this as part of our and due diligence. Please see the relevant relationship specific section below for further details.|
|Personal contact details||Your home address, mobile number and personal email address.||We will usually ask for this if you do not currently have office/work contact details and also for customer due diligence purposes.|
Our Processing of your Personal Information will include obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including organising, copying, analysing, amending, retrieving, using, systemising, storing, disclosing, transferring, retaining, archiving, anonymising, erasing or destroying it by automated or non-automated means.
The GDPR require us to communicate to you the purposes for which we Process your Personal Information (the “Permitted Purposes”), together with the corresponding ‘Legal Basis’. These are summarised in the tables below.
Further details on: (a) security and business continuity arrangements; (b) client due diligence, supplier vetting; and (c) equal opportunities monitoring and reporting, can be found in ‘The types of Personal Information that we collect’ section above.
We Process Your Personal Information for one or more of the following general Permitted Purposes.
|Legal Basis||Permitted Purpose|
|Where it is necessary to perform our contract with you or to take steps at your request to enter into the contract||For example:|
(a) to perform our services if you are a client (including related client files management; order/matter acceptance, modification and processing)
(b) to enter into or perform our agreement with you if you are a supplier or external adviser or partner (including supplier account management; purchase order processing; and for payment of invoices); or
(c) to enter into or perform any other contract/agreement we may
have with you.
|Where it is necessary for compliance with a legal obligation||For example:|
(a) to carry out internal and related entity conflicts and other regulatory checks on new client matters/loansand to undertake appropriate client due diligence in accordance with anti-money laundering law;
(b) to undertake appropriate vetting of suppliers and external advisers (for example, to comply with our obligations under applicable privacy, tax payment and tax evasion, modern slavery, anti-bribery and corruption and confidentiality rules);
(c) for equal opportunities monitoring and reporting purposes;
(d) to co-operate with our regulators and other public authorities (including by responding to their requests for information; undertaking internal investigations; and complying with our reporting and other professional obligations); and
(e) to comply with any other obligation to which we are subject under applicable rules and law.
|Where it is necessary for the purposes of our or another party’s legitimate interests, except where these are overridden by your interests, rights or freedoms||For example:|
(a) to ensure compliance with our internal policies;
(b) for general security and business continuity purposes;
(c) for business management and financial planning (including management of suppliers; business process improvement and quality purposes; management reporting and reviewing records; accounting and auditing; and corporate due diligence);
(d) for managing insurances, complaints, potential and actual claims;
(e) to ensure the effective provision of our services to clients and enhance our business;
(f) for the improvement of our business policies and processes;
(g) for training and continuing professional development purposes;
(h) to manage our network;
(i) to organise corporate events and to carry out market research campaigns;
(j) to protect, manage and improve our websites, and other services (including:(i) to make sure our websites function as they should; (ii) to recognise you when you return to the websites; and (iii) to analyse how our websites and online services are performing)
(k) for any other legitimate purpose communicated to you at the time of collection of your Personal Information. We consider that our legitimate interests and these uses are proportionate, and compatible with your interests, legal rights or freedoms.
|Where it is necessary to protect your vital interests or that of another person||For example, the disclosure of your Personal Information to medical staff in the event of medical emergencies.|
We generally rely on our legitimate interests to Process your Personal Information for marketing purposes. We will inform you in advance of sending you marketing or if a related entity will send you marketing material (unless this is reasonably obvious in the circumstances – for example, when you provide us with your business card during a formal meeting). You will be able to opt-out of any marketing email sent by us, by clicking the opt-out link that we include in each email.
If you are concerned about cookies, most web browsers (Safari, Internet Explorer, Chrome etc) now recognise when a cookie is offered and allow you to opt-out of receiving it. You can also delete all cookies that are already on your browser. If you choose to do this, you may have to manually adjust some preferences every time you visit our websites and some services and functionalities may not work.
For more information about cookies and how to disable and/or delete them, please visit www.allaboutcookies.org
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.
We will also at times need to share some of your Personal Information with select third parties, such as:
|Persons related to you||Your agents, consultants, other advisers, counterparties, beneficiaries, trustees, banks and related persons who operate or are based around the world, where you ask us to, or as otherwise necessary for the Permitted Purposes.|
|Persons related to us||Senior lenders, our agents, consultants and other professionals, suppliers and external agencies/administrators who assist us with legal, administrative, financial, operational and other services, and may have access to certain of your Personal Information as part of their role. These will include, for example:|
(a) IT software, applications and services, including web content management, recruitment and telecommunications services suppliers; website, online portal and client extranet providers;
(b) business continuity/disaster recovery and data back-up providers;
(c) our file storage and management suppliers;
(d) third party due diligence and identity/background verification suppliers;
(e) our banks and other financial providers (such as currency exchange, e-billing and outsourced payroll suppliers);
(f) our insurers, insurance brokers and lawyers;
(g) our auditors and other professionals engaged for audit purposes;
(h) debt collection agencies;
(i) local lawyers, tax advisors or experts; and
(i) other professional advisors.
Our suppliers will usually be based in the United Kingdom. Other agents, consultants and professionals may be based in other countries.
Entities under common ownership, and potential affiliates and
successors in title to our business, who may be based around the
|Courts/tribunals; and law enforcement, regulatory and public authorities||Where disclosure is required by applicable rules and law, or by any court, tribunal, law enforcement, regulatory, public or quasi governmental authority or department around the world.|
|Other involved persons||If you attend an event organised or hosted by us, we may disclose your details to others who attend or participate in the organisation of that event (as notified to you). Any other persons with whom we may interact on your behalf or at your request and/or where this is otherwise necessary in connection with the Permitted Purposes.|
(collectively, “Select Third Parties”)
We do not disclose (or sell) your Personal Information to any other third parties. This Processing may involve the transfer (sometimes via cloud computing) of some of your Personal Information to other countries whose privacy laws may not be as comprehensive to those where you are based. Where third party and/or cross-border transfers take place, we will put enhanced confidentiality and information security safeguards in place to ensure the lawfulness of the transfer, and protect your Personal Information. For further details, please see the Security of your Personal Information and data breaches section of this Notice below.
We operate technical, non-technical and procedural controls to safeguard your Personal Information (including protection against unauthorised or unlawful Processing and against accidental loss, destruction or damage). In particular:
|The use of:|
(a) recognised, reputable and compliant webhosting and platform services such as Dropbox and Microsoft and other recognised and reputable and products involved in the storage and protection of our systems and files;;
(b) physical and technical controls on, and monitoring of, access to our premises and systems; and
(c) Business Continuity and Disaster Recovery Plans.
|We only engage reputable suppliers and lenders. Where suppliers and lenders will have access to our and/or our clients’ information, they are also made subject to strict contractual provisions requiring them to ensure any Personal Information is kept secure and is only used in accordance with our instructions (or as otherwise and to the extent strictly required by law, if applicable).|
|Where your Personal Information is transferred to other countries, we will put appropriate safeguards in place to ensure the lawfulness and security of the transfer. All transfers of Personal Information outside of the EEA will be based on the EU Commission’s standard contractual clauses. We will also put such arrangements in place with third parties as appropriate. Where required under applicable local law, we will seek your consent to the transfer.|
We will keep these arrangements under regular review, taking into account security and compliance best practices, current risks, threats, vulnerabilities, mitigating controls, technology, and changes in applicable legal requirements.
If a data breach (leading to the destruction, loss, alteration, unauthorised disclosure of, or access to, your Personal Information) occurs which is likely to result in a high risk of adversely affecting your rights and freedoms, we will inform you of this without undue delay. Where legally permitted, any such notifications will be made either via email, post or telephone.
We will only keep your Personal Information in an accessible form which can identify you for as long as we need to for the Permitted Purposes. As retention periods can vary significantly depending on the Permitted Purpose and the relevant jurisdictions concerned, it is not possible for us to commit to an overall retention period for all of your Personal Information held by us. For example, we are under legal obligations to keep certain records for specific periods which will usually extend after the end of a contractual relationship (including minimum statutory retention periods in respect of client due diligence documents – which vary from jurisdiction to jurisdiction).
As a result, we use certain categories and criteria to determine how long we keep certain of your Personal Information, and these are set out below. Where your Personal Information is used for more than one Permitted Purpose, there will be overlapping retention periods in respect of that Information. In such cases, we will retain your Information for the longer of those overlapping retention periods. We will also transfer paper files into, and store them in, electronic format where appropriate.
|Type of Personal Information||Retention Period|
|Personal Information Processed in connection with lending matters||Up to 5 years after the date of the termination of our business relationship, unless:|
(a) otherwise required by applicable law;
(b) where required for regulatory, compliance or insurance purposes;
(c) where a longer limitation period applies in respect of specific types of
actions/documents; and/or in the event of a dispute which requires it to be kept for longer; or
(d) there is another legitimate reason which requires it to be kept for
|Personal Information relating to suppliers and the services they provide to us||Up to 5 years following the end of our business relationship, unless:|
(a) otherwise required by applicable law;
(b) you consent to us storing it for longer;
(c) the Information forms part of files which are required to be kept for longer (for example where you were involved in one of our client matters); or
(d) where a longer limitation period applies in respect of specific types of actions/documents; and/or in the event of a dispute or other legitimate reason which requires it to be kept for longer.
Where we no longer require your Personal Information, we will take steps to delete or anonymise it. There will be circumstances where certain Information cannot be permanently deleted or anonymised, for example because it is stored in our back-ups for business continuity purposes.
In such cases, we will take appropriate steps to minimise (and pseduonymise where technically practicable) the Personal Information that we hold, and to ensure that it is: (a) not used in connection with any decision involving you; (b) not shared with anyone, except where we are legally required to do so (e.g. following a court order); (c) kept secure and virtually inaccessible; and (d) permanently deleted if, or when, this becomes technically possible.
The following privacy rights apply under the EU GDPR. Although applicable data protection legislation in relevant jurisdictions afford similar rights, there may be circumstances where some of these rights do not apply under or are modified by, local law. Further information can be sought from our privacy contacts. In the event of any inconsistency, the applicable local legislation will prevail.