23 Capital respects your privacy and is committed to protecting your personal data. This privacy notice will (i) inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) sign up to our newsletter, mailing-list, contacts database or other direct marketing initiatives from time to time or request information in relation to a product or service we may provide from time to time and (ii) tell you about your privacy rights and how the law protects you.
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. This privacy notice supplements the other notices and is not intended to override them.
- Who we are
- The data we collect about you
- How we collect your personal data
- How we use your personal data
- Transferring your information overseas
- How we store your data
- Your legal rights
- Contact us and complaints
1. Who we are
23 Capital is made up of different legal entities. This privacy notice is issued on behalf of the 23 Capital group so when we mention ”23 Capital”, “we”, “us” or “our” in this privacy notice, we are referring to the relevant company in the 23 Capital group responsible for processing your data.
XXIII Capital Ltd t/a 23 Capital is a limited company registered in England and Wales with company registration number 09174333, and with its registered address at 19/20 Berners Street, London, W1T 3NW. XXIII Capital Limited is authorised and regulated by the Financial Conduct Authority (FRN 715389).
2. The data we collect
We collect data that you provide to us, e.g:-
- personal details e.g. name, marital status, title, date of birth, gender, job title, educational history and signature
- contact details e.g. address, email address, telephone number
- information concerning your identity e.g. photo ID, passport information, national insurance number, national ID card and nationality
- financial information including bank details and financial records
- feedback and survey responses
- information about how you use our website, products and services
- your preferences in receiving marketing from us and our third parties and your communication preferences
- social media account details
We may also collect data which we generate about you, from sanctions, anti-money laundering, “know your customer” or other due diligence checks.
We also collect, use and share aggregated data such as statistical or demographic data for any purpose. aggregated data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
3. How we collect your personal data
We collect data and process data when you:
- use or view our website via your browser’s cookies
- apply for our products or services
- create an account on our website
- subscribe to our service or publications
- request marketing to be sent to you
- enter a competition, promotion or survey
- give us some feedback.
We may receive personal data about you from third parties and public sources as set out below:
- analytics providers such as Google Analytics
- social media networks
- search information providers such as Google and other publicly available sources such as Companies House
- AML screening providers such as Dow Jones.
4. 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
- where we need to comply with a legal or regulatory obligation.
The reasons we use for your information include to:
- deliver our products and services
- carry out your instructions
- carry out checks in relation to anti-money laundering and fraud prevention
- manage our relationship with you, including telling you about services we may think relevant to you
- improve our services to you
- protect our legal rights and comply with our legal obligations.
Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. Please also contact us if you need details about the specific legal ground we are relying on to process your personal data.
We would like to send you relevant information about the services that we think you might like. You have the right to withdraw consent to marketing at any time by Contacting us. If you ask us not to send you marketing, it may take us a short period of time to update our systems and records to reflect your request, during which time you may continue to receive marketing messages. Even if you tell us not to send you marketing messages, we’ll continue to use your contact details to provide you with important information or if we need to tell you something to comply with our regulatory obligations.
We will get your express opt-in consent before we share your personal data with any company outside the 23 Capital group for marketing purposes.
Disclosures of your personal data
We may have to share your personal data with the following third parties for the purposes set out in paragraph 4 above:
- other 23 Capital group companies
- other service providers who work for us or provide services to us, including directors, employees and advisers
- any agents or correspondents who are dealing with us on your behalf
- law enforcement, government, courts, dispute resolution bodies, our regulators, auditors and any party appointed or requested by our regulators to carry out investigations or audits of our activities
- fraud prevention agencies who’ll also use it to detect and prevent fraud and other financial crime and to verify your identity
- anybody who provides marketing services to us
- any entity that has an interest in the services that we provide to you
- 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.
We require all third parties to respect the security 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.
5. Transferring your information overseas
We may transfer your data outside the European Economic Area (EEA), for example to our group companies located in the United States or to our external services providers located outside the EEA.
We may need to transfer your information in this way to carry out our contract with you, to fulfil a legal obligation, to protect the public interest and/or for our legitimate interests. In some countries the law might compel us to share certain information, e.g. with tax authorities. Even in these cases, we’ll only share your information with people who have the right to see it.
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. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
- 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. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
- where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
6. How we store your data
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 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.
We will establish data retention periods based on legitimate business purposes, compliance obligations, and legal obligations. Once the retention period has been reached the documentation will be securely disposed.
We may need to retain your information for a longer period where we need the information to comply with regulatory or legal requirements or where we may need it for our legitimate purposes, e.g. to help us respond to queries or complaints, fighting fraud and financial crime, responding to requests from regulators, etc.
7. Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data. These rights include:
- the right to request that we restrict the processing of your personal data
- the right to access copies of your personal data
- the right to request that we erase your personal data
- the right to object to our processing of your personal data
- the right to request that we transfer the data that we have collected to another organization, or directly to you
- the right to withdraw your consent
- the right to request that we correct any information you believe is inaccurate. You also have the right to request that we complete information you believe is incomplete.
If you wish to exercise any of the rights set out above, please Contact us.
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.
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.
This version was last updated on 26 September 2019.
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.
10. Contact us and complaints
If you have any questions in relation to this privacy notice, please contact Matt Johnson using the details below:
Email address: firstname.lastname@example.org
Postal address: 19/20 Berners Street, London, W1T 3NW
Telephone number: +44 (0)20 3905 1683
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.