Privacy Statement
What is the purpose of this document?
This privacy notice describes how H & H Ltd, Brittain Hadley Partnership (CI) Ltd & Pink Octopus Property Ltd, (collectively known in this Privacy Statement as “The Group”) collects and uses personal information about you in accordance with the applicable data protection legislation.
The Group recognises the importance of this data and the risks related to its possession of such data. The Group is committed to protecting the privacy and security of your personal information.
The Group is a "data controller". This means that we are responsible for deciding how we hold and use personal information about you. To comply with data protection legislation and best practice we are required to notify you of the information contained in this privacy notice.
This notice sets out your rights under applicable data protection laws as well as our commitment to you regarding how we treat your data. We may update this notice at any time.
It is important that you read this notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using such information.
About The Group
The Group is made up of a number of different entities. You will be informed which of these you have a relationship with when you engage with us and that will be the company which controls your personal data.
We have appointed a Group Information Controller to oversee compliance with this privacy notice for The Group. In each jurisdiction where we work, we have a Local Information Controller to work with the Group Information Controller.
If you have any questions about this privacy notice or how we handle your personal information, please contact The Group Information Officer, contact details of whom are set out below. You have the right to make a complaint at any time to your local regulator for data protection and privacy issues.
The Group Information Controller:
Helen Hollingsworth
+44 1481 722122
Data protection principles
We will comply with applicable data protection law. Whilst these obligations differ between the various jurisdictions The Group operates in, The Group has committed to applying the highest standards across The Group. This means that the personal information we hold about you must be:
Used lawfully, fairly and in a transparent way.
Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
Relevant to the purposes we have told you about and limited only to those purposes.
Accurate and kept up to date.
Kept only as long as necessary for the purposes we have told you about.
Kept securely.
The kind of information we hold 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, store, and use the following categories of personal information about you:
Personal contact details such as name, title, addresses, telephone numbers, and personal email addresses.
How is your personal information collected?
We collect personal information about you through your on boarding as a client of The Group, and as a result of and through our ongoing work for you.
How we will use information about you?
We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:
Where we need to perform the contract we have entered into with you.
Where we need to comply with a legal obligation.
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.
We may also use your personal information in the following situations, which are likely to be rare:
Where we need to protect your interests (or someone else's interests).
Where it is needed in the public interest.
Situations in which we will use your personal information
We need all the categories of information in the list above (see paragraph 4) primarily to allow us to perform our contract with you and to enable us to comply with legal obligations. In some cases we may use your personal information to pursue legitimate interests of our own or those of third parties, provided your interests and fundamental rights do not override those interests.
Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.
The situations in which we will process your personal information are listed in Schedule 1, together with the purpose or purposes for which we are processing or will process your personal information.
If you fail to provide personal information
If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you (such as processing a transaction on your behalf of), or we may be prevented from complying with our legal obligations (such as to ensure you are properly identified for the progress of anti-money laundering legislation).
Change of purpose
We will only use your personal information 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 we need to use your personal information 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 information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
Do we need your consent?
We do not need your consent if we use your personal information in accordance to carry out our legal obligations or exercise specific rights under the law. In limited circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive data. If we do so, we will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. You should be aware that it is not a condition of your contract with us that you agree to any request for consent from us.
Data sharing
We may have to share your data with third parties, including third-party service providers and other entities in the group.
We require third parties to respect the security of your data and to treat it in accordance with the law.
WHY MIGHT YOU SHARE MY PERSONAL INFORMATION WITH THIRD PARTIES?
We will share your personal information with third parties where required by law, where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so. This may involve us sharing your information with:
Third party service providers who help us work with you and operate our business;
Regulators and other authorities;
Financial services compensation schemes;
Fraud prevention agencies;
Entities working with you or your business’ product or service;
Organisations that introduce you to us;
Companies that we introduce you to;
Companies you ask us to share your data with;
If the make-up of The Group changes or such changes are proposed we may share your data with third parties to allow us to sell, merge or transfer aspects of our business or acquire or merge into other businesses. We will only do this if they agree to keep your data to the same standards we have set for holding your data. Following such a change other parties may use your data in line with these standards.
WHICH THIRD PARTY SERVICE PROVIDERS PROCESS MY PERSONAL INFORMATION?
"Third parties" includes third-party service providers (including contractors and designated agents) and other entities within The Group.
HOW SECURE IS MY INFORMATION WITH THIRD-PARTY SERVICE PROVIDERSAND THE GROUP?
All our third-party service providers and other entities in the group are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.
WHEN MIGHT YOU SHARE MY PERSONAL INFORMATION WITH THE GROUP?
We will share your personal information with the Group, to the extent required in the context of a business working relationship, reorganisation or group restructuring exercise, for system maintenance support and hosting of data.
Data security
We have put in place measures to protect the security of your information.
Third parties will only process your personal information on our instructions and where they have agreed to treat the information confidentially and to keep it secure.
We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
Data retention
We will only retain your personal information 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. Retention periods for your personal information are decided by considering 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. This will vary depending upon the relationship we have with you but in general terms for legal advice relationships we will retain your information for 7 years after the end of our relationship unless we are required to keep it longer for legal reasons.
If you have any questions regarding data retention please speak to The Group Information Controller.
Marketing
We may use your personal information to let you know about those of our products and services we think may be of interest to you. Before doing so we may use your personal information to better understand what services or products you are likely to need or have use for.
If you ask us to stop using your personal information to market to you, we will do so and you can change this choice at any time.
Cookies
We use "cookies" on our website, these are small pieces of data that allow us to track which computers visit our website and how. To find out how, please review our cookie policy on our website.
Rights of access, correction, erasure, and restriction
Your duty to inform us of changes
It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your relationship with us.
Your rights in connection with personal information
Under certain circumstances, by law you have the right to:
Request access to your personal information (commonly known as a "data subject access request"). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
Request erasure of your personal information. This enables you to ask us to delete or remove personal information 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 information where you have exercised your right to object to processing (see below).
Object to processing of your personal information 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. You also have the right to object where we are processing your personal information for direct marketing purposes.
Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
Request the transfer of your personal information to another party.
If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact your Group Information Controller in writing.
No fee usually required
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such 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 the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
Right to withdraw consent
In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact your Group Information Controller. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
Changes to this privacy notice
We reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information.
SCHEDULE – HOW THE GROUP USES YOUR DATA.
To operate and maintain our relationship with clients
In contract fulfilment
In the Group’s legitimate interest
Fulfilling The Group’s legal obligations
Developing and growing our business
Obtaining your consent where needed for contact
Maintaining proper practice and efficiencies in meeting our legal and commercial obligations
Marketing our products and capabilities to clients
To advise our clients about our services
Working with service providers to help The Group operate its business.
Delivering and testing new products and services for our clients
Making and delivering client payments, disbursements and fees on client accounts
Risk management
Responding to complaints
Obeying applicable laws and regulations including the prevention of financial crime
To properly and lawfully operate the businesses of The Group with proper regard to legal advice and monitoring, internal communications and corporate governance audit and oversight
To exercise The Group’s contractual rights including the collection of monies owed to The Group
September 2020
