Data Protection Policy
Last updated on [30 June 2023]
Bamburgh Capital respects your privacy and is committed to protecting your personal data. In the course of our acting for you, we may receive information relating to you, as an individual or as director, shareholder, partner, employee or representative of a company or organisation.
This Client Policy sets out the basis of which we will process this personal data.
- Who we are
Bamburgh Capital is a trading name of Bamburgh Capital Limited and is the data controller who is responsible for your personal data.
Although we are not obliged by law to appoint a Data Protection Officer, we have appointed a Data Privacy Manager (DPM) who is responsible for overseeing questions in relation to this Website Policy. If you have any questions about this Client Policy, including any requests to exercise your legal rights, please contact the DPM by email using [email protected].
Bamburgh Capital Limited is a company registered in England and Wales with company number 07155076, with its registered office at Bloc, 17 Marble Street, Manchester M2 3AW, United Kingdom, and which is authorised and regulated by the Financial Conduct Authority (FRN: 565367). Our vat registration number is 208 8271 04.
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), which is the UK supervisory authority for data protection issues (www.ico.org.uk). Bamburgh Capital Limited is registered with the ICO, registration number Z3099063. We would, however, appreciate the chance to deal with your concerns before you approach the ICO, so please contact us in the first instance.
- Change to the client policy and your duty to inform us of changes
We may need to update this Client Policy from time to time. If the change is material, we will place a prominent notice on our website or update you by other appropriate means, contacting you at the details you have provided to us in your last correspondence.
It is important that the personal data we hold about you is accurate and up to date. We may ask you to confirm updates to your personal data from time to time but please keep us informed if your personal data changes during your relationship with us in the meantime. Please inform the DPM of any changes in your data, whose contact details are given above.
- Data protection principles
As a controller for your data, data protection law requires Bamburgh Capital to:
- process your data in a lawful, fair and transparent way;
- collect your data only for explicit and legitimate purposes;
- collect only data that is relevant, and limited to the purpose(s) we have told you about;
- ensure that your data is accurate and up to date;
- ensure that your data is only kept as long as necessary for the purpose(s) we have told you about; and
- ensure that appropriate security measures are used to protect your data.
- The data we collect
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 person’s identity has been removed (Anonymous Data).
We may collect, use, store and transfer different kinds of personal data as necessary to enable us to carry out your instructions, to manage and operate our business and to comply with our legal and regulatory obligations. We have grouped together the personal data into different types below:
- Identity data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth, gender and photographs, copies of passport, national identity card, driving licence, utility bills, and other similar documents.
- Contact data includes postal address, email address and telephone numbers.
- Professional data includes academic qualifications and achievements, references, profession, job title, employer and professional history of these things, immigration status and work permits.
- Welfare data includes grievance and disciplinary information, information relating to criminal convictions and allegations of criminal activity, medical records and information including dietary requirements and religious information.
- Financial data includes bank account, payment card details and pension details.
- Transaction data includes details about payments to and from you and other details of services you have purchased from us.
- Technical data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our website, data from building access controls, information we obtain from our it and communications monitoring.
- Profile data includes your username and password to any Bamburgh Capital online service, your interests, preferences, feedback and survey responses.
- Usage data includes information about how you use our website and services.
- Marketing and communications data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
- Other personal data contained in correspondence and documents which you or others on your behalf or in connection with your matter may provide to us.
- Special Categories of Personal Data
We may collect Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Much of this information may be supplied by you, or is provided by way of Welfare Data.
We process these Special Categories of Personal Data on the basis of one or more of the following:
- where you have given explicit consent to the processing of the personal data for one or more specified purposes;
- where the processing relates to personal data which is manifestly made public by you;
- where the processing is necessary for the establishment, exercise or defence of legal claims;
- where the processing is necessary for reasons of substantial public interest, in accordance with applicable law, such as for the prevention or detection of an unlawful act or for preventing fraud; or for the provision of confidential advice.
- Data relating to criminal convictions and offences
We collect and store personal data relating to criminal convictions and offences (including the alleged commission of offences) only where necessary for the purposes of:
- the prevention or detection of an unlawful act and is necessary for reasons of substantial public interest;
- providing or obtaining legal advice; and
- establishing, exercising or defending legal rights.
- If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have, or are trying to enter into, with you to provide you with services. In this case, we may have to cancel the provision of services to you but we will notify you if this is the case at the time.
- How is your personal data collected
We collect most of the personal data directly from you. However, we also collect information from:
- third parties with your consent, such as your bank or building society or other financial institutions, consultants and other professional advisors you may engage, your employer, professional body or pension administrators;
- third parties where they are a party to or otherwise concerned in a matter on which we are acting for you;
- public sources, such as Companies House, the Electoral Register, 192.com, DueDil and MarketIQ;
- analytics providers or search information providers as a result of visiting our website; and
- our IT systems, such as practice management systems or building access controls and reception logs.
- 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:
- where we need to perform the contract we are about to enter into or have entered into with you;
- 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 or fundamental rights and freedoms: this relates to our processing for marketing purposes, for our management, accounting and administration purposes and for data security;
- where we need to comply with a legal or regulatory obligation, such as our legal obligations in relation to anti-money laundering laws and regulations; and
- where this is necessary to protect your vital interests, or someone else’s vital interests this is typically in an emergency.
- Purposes for which we will use your personal data
Set out in the table below is a description of all the ways we plan to use your personal data, and the legal basis upon which we rely to do so. Where it is appropriate, we have also identified what our legitimate interests are.
Where we rely on ‘legitimate interests’ as a basis for using your personal data, we have carried out an assessment to ensure that we have weighed your interests, rights and freedoms and any risk posed to you against our own interests, ensuring that they are proportionate and appropriate. If you wish further information about this assessment, please contact our DPM, who’s details are given above.
There may be more than one legal basis for us processing your data depending on the specific particular purpose for which we are doing so. Please contact our DPM, who’s details are given above, if you need details about the specific legal basis upon which we are relying to process your personal data where more than one ground is set out in the table below.
|Purpose for which we will process the Information
|Lawful Basis for processing including basis of legitimate interest
|Third party processing
|To provide professional services to you
|For the performance of our contracts with you or to take steps at your request before entering into a contract
|Third party IT, practice management systems, online data room hosting providers, and communications service providers
|To carry out associated administration and accounting in relation with your matters, including:
|For the performance of our contract with you or to take steps at your request before entering into a contract
|Third party accounting systems, practice management systems payroll and marketing preference management service providers
|(a) carry out credit reference checks
|To comply with our professional, legal and regulatory obligations
|(b) manage payments, fees and charges
|For our legitimate interests (to carry out credit control and to ensure that our clients are likely to be able to pay for our services as well as recover debts due to us). We consider this use to be proportionate and not prejudicial or detrimental to you.
|(c) collect and recover money owed to us
|(d) provide catering
|To manage our relationship with you which will include:
|(A) Complying with our internal business policies and procedures
|(B) Updating client records
|(D) Asking you to leave a review, provide feedback or take a survey
|For the performance of our contract with you or to take steps at your request before entering into a contract
|To comply with our legal and regulatory obligations
|For our legitimate interests (to keep our records updated and to study how customers use our services)
|Third party business management management systems and communication service providers
|To market our services to you, including:
|(a) provide updates or newsletters
|(b) invite you to events or functions
|(c) make suggestions and recommendations to you about services that may be of interest to you
|It is in our legitimate interests to market our services (to develop our services and grow our business). We consider this use to be proportionate and not prejudicial or detrimental to you.
|Third party marketing preferences managers, data analysers and communication service providers
|To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
|It is in our legitimate interests (for running our business, provision of administration and it services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise). We consider this use to be proportionate and not prejudicial or detrimental to you.
|To comply with a legal obligation
|Third party IT, hosting, archive, communications, payroll and marketing preference management service providers
|To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you
|It is necessary for our legitimate interests (to study how clients use our services, to develop them, to grow our business and to inform our marketing strategy).
|We consider this use to be proportionate and not prejudicial or detrimental to you.
|Third party IT, communications and marketing preference management service providers
|To use data analytics to improve our website, services, marketing, client relationships and experiences
|It is necessary for our legitimate interests (to define types of users of our events and services, to keep our website updated and relevant, to develop our organisation)
|Third party IT, data analytics and marketing preference management service providers
Bamburgh Capital strives to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:
We may use your identity, contact, technical, usage and profile data to form a view on what we think you may want or need, or what may be of interest to you.
You will receive marketing communications from us if you have requested information from us, or purchased services from us and, in each case, you have not opted out of receiving that marketing.
For email marketing to an individual subscriber (i.e. a non-corporate email address) with whom we have no pre-existing relationship, we will need your consent to send you unsolicited email marketing.
We will get your express opt-in consent before we share your personal data with any company outside the Bamburgh Capital group for marketing purposes.
Where you provide consent, you can ask us – or third parties – to stop sending you marketing messages at any time by unsubscribing or updating your preferences below; following the opt-out links on any marketing message sent to you; or contacting our DPM at any time, whose contact details are given above. Please note that where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a service purchase or other transactions.
- 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 our DPM, whose contact details are given above.
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.
- Disclosures of your personal data
We do not share or disclose any of your personal information without your consent, other than for the purposes specified in this Client Policy; where there is a legal requirement; or it is necessary in order to protect the vital interests of a person. We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 bove:
- Internal third parties as set out in the glossary below
- External third parties as set out in the glossary below
Third parties to whom we 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.
We require all third parties to respect the security and confidentiality of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
- Data security
We have appropriate security measures in place 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.
Bamburgh Capital cannot guarantee the security of information transmitted over the internet or that unauthorised persons will not obtain access to personal data. 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.
- Data retention
We will only retain your personal data for as long as is necessary to fulfil the purpose(s) for which we collected and processed it, including for the purposes of satisfying any legal, accounting, or reporting requirements.
In determining 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 retention policy a copy of which you can request from us by contacting our DPM, whose contact details are given above. Due to legal and regulatory requirements, we may need to retain personal data for up to seven years after we cease providing services and products to you, where necessary, to comply with our legal obligations, resolve disputes or enforce our terms and conditions.
In some circumstances, you can ask us to delete your data: see request erasure of your personal data 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.
- 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 processing it lawfully.
- 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. You may 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. There may be specific legal reasons why we cannot comply with your request of erasure. If there are, we will notify you 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 accuracy of the data; (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. This right only applies to automated information for which you initially provided consent to 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 at [email protected].
- 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 require 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 about your request so that we may 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 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. We make sure that we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our 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 at [email protected].
Performance of Contract means processing your data where it is necessary for the performance of a con- tract to which you are a party or to take steps at your request before entering into such a contract.
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 are subject to.
Internal Third Parties means Bamburgh Capital’s directors, staff and consultants based in the UK.
External Third Parties means:
- Service providers acting as processors who provide IT, online data room hosting or website and system administration services.
- Suppliers based in the UK providing marketing services to us, or with whom we are conducting joint marketing exercises.
- Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance, pension and accounting services.
- Our professional indemnity insurers or brokers, and our auditors, or risk managers who we or they may appoint.
- HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the UK who require reporting of processing activities in certain circumstances.
- Public authorities or education providers acting as processors or joint controllers based in the UK who provide confirmation of qualifications or educational achievements.
- Any other disclosure which we, acting in good faith, consider disclosure to be required by law or the rules of any applicable governmental, regulatory or professional body.