CLEARLY SO LIMITED – PRIVACY AND COOKIES POLICY
Clearly So Limited (“ClearlySo”, “we” or “us”) takes protecting your personal information and privacy seriously. The General Data Protection Regulation (“GDPR”) came into force on 25 May 2018 and enhances your rights in respect any personal information you share with us or that we collect about you.
This Privacy Notice (“Privacy Notice”) sets out how we collect and look after your personal information when you interact with us (through the clearlyso.com website and otherwise) in accordance with the GDPR and your rights in relation to the manner in which we use your personal information. ClearlySo is the data controller and responsible for your personal information referred to in this Privacy Notice. Please read this Privacy Notice carefully so you understand how we may use your personal information.
You should also make sure you read additional privacy notices (if any) that we may provide in certain specific situations, for example if you become a client or employee of ClearlySo.
The provision of your personal information to us is voluntary. However, without providing us with personal information, your use of our services may be impaired. For example, you will be unable to contact us via this website.
We may update this Privacy Notice from time to time so please check back periodically. We will take appropriate steps to notify you of significant changes by contacting you directly where we can reasonably do so and by placing a notice on our website. This Privacy Notice was last updated on 20 May 2018.
When do we collect personal information about you?
When you visit our website, we collect different sorts of personal information:
- Information about how you use our website, including the pages you view and for how long, services you search for, the URL clickstream used, page response times and page interaction information (such as scrolling and clicks).
- Technical information, such as your IP address, browser, browser plug-in types and versions and operating systems and platforms.
- Information collected by using cookies on our website. Cookies are small files that we put on your computer if you agree which enable different users to be distinguished from other users and help us improve our website. Please see our Cookies Policy below.
When you interact with our employees and when you contact us. This includes personal information that you provide when you meet or speak to a member of our team (whether in the context of us providing professional services or otherwise), when you contact us via our website or by signing up for a newsletter. For example, if you meet a member of our team, they could keep your contact details and information about your interests and share these with colleagues so that we can get in touch about events, issues or job or investment opportunities in which you might be interested (provided of course that we also comply with other requirements relating to, e.g., financial regulation and direct marketing).
When we obtain it from third parties, we may, for instance, obtain personal information about you from other professional advisors (such as your accountants or lawyers, with your consent) or other parties to transactions on which we advise or if we seek references or comments from referees or other people you refer us to.
When we obtain information from external public sources, such as Companies House, the Financial Services Register and other regulators’ registers, reputable media publications, social media services such as LinkedIn, Facebook and Twitter and company websites.
When you apply for a role with us (whether via our website or otherwise) we will require personal information – such as your CV, contact details and identity information – to assess and progress your application. This information will be shared internally with personnel involved in assessing your application and can also include information given at any interview or assessment you attend or complete and, if your application is pursued, referees’ details, references and evidence of qualifications, business and other interests and possibly criminal record history (and other information required for regulatory reasons). We will give applicants more information about the documents and information we will collect as the recruitment process progresses.
The information we collect and process can include the following information:
- Your name and contact details, including email and postal addresses, telephone numbers, social media accounts.
- Identity documents and other information we can be required to obtain for regulatory reasons when, e.g., taking on employees or clients, assessing a person’s eligibility to receive financial promotions or to fulfil anti-money laundering obligations.
- Information about your devices and use of our website (such as your IP address and geographical location).
- Information about our services which you use or which we consider may be of interest to you.
- Information about your business and other interests required to meet requirements relating to conflicts of interests.
- Information about your preferences, professional status and background to help us to understand your potential interest in our services or in opportunities to invest in or work with our clients.
- If you apply for a job with ClearlySo, information about your professional and other experience and education.
Your personal information may be used for the purposes specified in this notice and, in particular, we may use your personal information for the following purposes:
- Providing advice and services to you (or acquiring goods and services from you) and others and communicating with you in general.
- Analysing and improving our services and activities (including our website) and creating and holding a list of contacts (such as potential clients, partners and potential investors) that we work with or wish to work with.
- Considering, evaluating and reporting on the social and environmental impact of our work.
- Providing you with further information about our business, aims and impact, services or activities (subject to any requirements to obtain your consent to receive such information).
- Operating our website in an effective and secure manner, creating a high-quality user experience and presenting content effectively and appropriately for you.
- Organising your participation in events.
- Assessing your suitability as a supplier and entering into and performing a contract with you.
- Satisfying our legal and regulatory obligations, for example in relation to financial services regulation, assessment and payment of taxes and employment law.
- Progressing your application for a job with ClearlySo and assessing your suitability for the role you have applied for.
- Assessing your commercial and other suitability as an investor in or other counterparty for our clients.
- Carrying on our business as a provider of financial advisory and other services to high impact enterprises and others.
What about special categories of information?
Some types of personal information are recognised under the GDPR as sensitive and are therefore subject to additional protections – for example, information about your health, religion, ethnicity and political opinions. We do not automatically or deliberately collect such categories of data through our website (although users might voluntarily decide to enter such information – for example when applying to be considered as a client – although we do not request or require it).
When we process this sort of data we will only do so in compliance with the GDPR, for example, because you have voluntarily provided this information to us and you have confirmed your consent to our use, you have made political opinions manifestly public or processing is necessary for compliance with our legal and regulatory obligations.
If and when we collect and process data on criminal convictions, we will do so only where necessary to ensure compliance with our legal or regulatory obligations.
Capital raising, corporate finance and marketing communications
We may use your personal information to provide you with information about our business, events, services and/ or products or opportunities which we consider may be of interest to you (for example, about investment opportunities or events you previously expressed an interest in). Where the law requires us to, we will only contact you in this way where we have obtained your prior consent and we have informed you that we might do so.
If you do not wish to be contacted by us about events, services or investment opportunities in the future, please let us know by emailing us at email@example.com. You can also opt out of receiving emails from ClearlySo by email via firstname.lastname@example.org (or by using the “unsubscribe” link in our emails and other communications).
What is the lawful basis of our processing of your personal information
Under the GDPR we need to have one or more lawful bases for processing your personal information. When processing your personal information, we rely on one or more of the following legal bases:
- Legitimate interests We may process your information where it is in our legitimate interests to do so as an organisation and without unduly prejudicing your interests or fundamental rights and freedoms. It is in our interests to ensure that our processes and systems operate effectively and to process information to help ClearlySo effectively operate its business, including that of providing capital raising and advisory support to businesses and organisations which have a positive social and/or environmental impact. When we process your personal information to achieve such legitimate interests, we balance them against any potential impact on you and your rights under data protection laws. We will not use your personal information for activities where our interests are overridden by the impact on you (unless, for instance, we are otherwise required or permitted to by law).
- Consent We may process your information where you give us your consent to do so. For example, we may ask for your consent to use your personal information to send you promotional or fundraising material by email, and we may ask for your explicit consent to collect special categories of your personal information. You have the right to withdraw this consent at any time by contacting us at email@example.com.
- Complying with a legal obligation We may process your information in order to comply with a legal obligation which applies to us (for example, when we are required to carry out a Know Your Client check, obtain regulatory references for certain positions at ClearlySo or provide information to regulatory authorities).
- Performance of a contract We may process your information where necessary for the performance of a contract to which you are a party or to take steps at your request prior to entering a contract (for example, if you wish to become a client or work for us).
We will retain your personal data only for as long as needed for the purposes we collected or processed it for, including for the purposes of satisfying any contractual, legal, accounting, reporting or taxation requirements. To calculate 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 in any other way, as well as applicable legal requirements.
Will we share your personal information?
The ways we might share your data could include:
- Sharing your personal information with our third party suppliers when they are processing personal information on our behalf, for example, our professional advisors or IT providers such as Microsoft, Google and Salesforce. We may also share your information with marketing or events partners if, for example, you attend or are interested in attending an event we are holding.
- Where you are a client or investor in a client, we might have to share your information with other parties to the transaction and other advisers.
- Disclosing your personal information where legally required or upon request to regulatory and government bodies (such as the FCA or HMRC) as well as law enforcement agencies.
- We could also merge or partner with other organisations and, in so doing, acquire or transfer personal information (but your personal information would continue to be used for the purposes set out above).
- Disclosing information to perform a contract with you (for example, sharing contact and bank details with couriers and banks respectively).
- We may also share your personal data with any other companies in our group.
- Where you are applying for a position with us, we may share your information with referees.
We, or our third party providers, will sometimes transfer the personal information we collect about you to countries outside the EU, on the basis that anyone to whom it is transferred processes it in accordance with applicable laws. We will take reasonable steps necessary to ensure that any recipient of your personal information outside of the EU implements appropriate safeguards (such as by entering into standard contractual clauses) so your personal information receives an adequate level of protection that is consistent with EU and UK laws.
Security/storage of and access to your personal information
We have appropriate and proportionate security policies and organisational and technical measures to help protect your information from unauthorised use, access, alteration or disclosure and from accidental loss or disclosure. We have in place procedures to notify you and any relevant regulator in case of a data breach where legally required to do so.
You have various rights in relation to your personal information held by us, although do note that some of these rights only apply in limited circumstances.
Where we rely on your consent to use your personal information, you have the right to withdraw that consent at any time. This includes the right to ask us to stop using your personal information for marketing purposes including the right unsubscribe from our newsletter at any time. In some situations, you may also have rights to:
- Request access to your personal information. You can write to us to ask for confirmation of the personal information we hold about you and to request a copy of that information. Provided we are satisfied that you are entitled to see the personal information requested and we have successfully confirmed your identity, we will provide you with your personal information subject to any exemptions that apply.
- Request erasureof your personal information where there is no good reason for us to continue processing it. At your request and where you are entitled to, we will delete your personal information from our records. In many cases we will need to retain limited personal information about you, for example, in order to ensure we don’t send you further communications.
- Object to processing of your personal information where we are relying on the basis of a legitimate interest and there is something about your specific circumstances which means you object to our processing your information on this basis. You can also object to processing where it is being undertaken for direct marketing.
- Request restriction of processing of your personal information: a right to request that processing is suspended or restricted if there is disagreement about its accuracy or the reasons for its processing.
- Request correction of your personal information which we hold if you believe it is inaccurate.
- Request transfer of your personal information: to the extent provided by the GDPR, you may request that we transfer your personal information to another party (or to you) if we are processing your personal information on the basis that we have obtained your consent or on the basis that such processing is required for the performance of a contract you are a party to (or to take steps at your request before to entering into a contact).
You will not usually have to pay a fee to access your data (or exercise the other rights) although if your request is unfounded, repetitive or excessive we might charge a reasonable fee (or refuse your request).
If you seek to exercise these rights, we may request additional information to confirm your identity and your entitlement to exercise those rights and for security purposes before disclosing personal information requested to you or taking other action requested.
You have the right to complain about us or the way we have processed your personal information to the UK’s data protection supervisory authority, the Information Commissioner’s Office (www.ico.org.uk). However, we would welcome the chance to address your concerns swiftly and properly before you contact the Information Commissioner’s Office, so please consider contacting us in the first instance via firstname.lastname@example.org.
Our website includes links to third party websites. Clicking though those links or connections can allow third parties to collect, process and shore your personal information. We are not responsible for data processing by these third parties and this Privacy Notice does not cover such websites.
If you use social media to contact us, your personal information will stay on that social media platform and that platform will be the data controller.
We encourage you to read the privacy notice of every external website or platform you use.
It is important that we hold up-to-date and accurate information about you. Therefore, please inform us if your personal information changes during our relationship with you.
We aim to improve the way in which we provide information and deliver our services and, when we do so via our website, we sometimes do so by collecting information using cookies. Cookies are small files that we put on your computer if you agree which enable different users to be distinguished from other users to help us make our website and services better for our users, clients and contacts. For example, cookies are used to:
- Recognise that you have entered a username and password so you don’t have to do it for every page.
- Help protect ClearlySo against threats such as cyber-attacks.
- Quantify how many users are using a website or other services, to ensure there is sufficient capacity and services are properly displayed and provided.
- Collect and analyse anonymised data to help understand how users use different parts of a website to help understand users’ interests and improve our services.
- Recognise your device so you don’t have to give the same information several times.
A cookie is created the first time a user visits our website and is updated when the user visits the site again. It is used internally by various processes and systems to improve efficiency and provide information about usage of the website. For example:
- The IP address used to connect your computer, laptop or device to the internet.
- Details of your web browser version and type, operating system and platform relevant to the device you are using.
- Information about your visit including the route you take through and from the website (including date and time); pages that you viewed; lengths of visits to certain pages and page interaction information.
This sort of information is typically anonymous but may identify you in certain circumstances (including where a user who is, for example, an investor member is accessing a membership section of the website). Where it does identify you, we treat the information as personal information (and process it in accordance with our Privacy Notice above).
Our service provider Google Analytics also collects technical data from you in the course of providing anonymous information to us about the use of our website. For more information on how Google Analytics uses this data, you can visit here:
Cookies may be created by certain third parties, such as news or video providers accessed via our website.
You can disable cookies by activating the setting on your browser that allows you to refuse the setting up of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you will not be able to access all or parts of our website. Here are some links to guidance on how to disable cookies using some popular browsers:
HOW TO CONTACT US
If you have any questions or concerns about this Privacy Notice or Cookies Policy. Please contact us via email@example.com and please mark the message for the attention of the CEO.