Introduction and Purpose
The General Data Protection Regulation (“GDPR”) governs the controlling and processing, such as the use or holding, of personal data, which is essentially any information about identifiable living individuals, and also gives those individuals certain rights and remedies in respect of that information.
AnuPartha is committed to protecting your privacy. The purpose of this notice is to supply you with the required information at the time of providing us with your personal data. This Privacy Notice explains how we collect and use your personal data and what rights and options you have in this respect. This should help you feel more confident about the privacy and the security of your personal data.
Please read this Privacy Notice carefully. By visiting our website or using any of our services, you indicate your agreement to our use of your personal information as set out in this Privacy Notice.
Who is responsible for your personal data
AnuPartha is responsible for your personal data.
AnuPartha whose registered office is at 500 E.Calaveras Blvd., Suite 208, Milpitas, CA 95035. Specifically, your data will be controlled by the AnuPartha entity that you have instructed or that is providing services or communication to you in your region.
Information we collect about you
When do we collect information?
We may collect personal data about you in a number of circumstances:
- when you register with us, apply to use any of our services, become our client, or contact us in person, by telephone, by email or by post;
- when you provide feedback or complete a contact form on our website;
- When you or your organisation offer to provide or provide services to us;
What information will we collect and why?
We may collect the following information depending on the service provided:
- Your contact details, such as your name, job title, postal address, including your home address, where you have provided this to us, business address, telephone number, mobile phone number, fax number and email address;
- Your date of birth, nationality, country of birth, country of residence, employment status and tax identification number (i.e. National Insurance Number);
- Passport details, driving licence and utility bills;
- Details of the services you request from us;
- Details of your visit to any of our offices or other visits to third party locations as may be organised depending upon the nature of services provided by us;
- In some circumstances, we collect personal data about you from a third party source. For example, we may collect personal data from your organisation, other organisations with whom you have dealings, government agencies, a credit reporting agency, fraud prevention agencies, financial crime agencies, an information or service provider, all of which forms part of publicly available records, e.g. Companies House in the United Kingdom.
- Details of your employment status, income and source of wealth;
- IP address and browser-generated data when you visit our website;
- From time to time, personal data about relating to health and details of dietary preferences when relevant to meetings or events to which we invite you.
Are you required to provide us with personal data?
As a general rule, you will provide us with personal data entirely voluntarily; there are generally no detrimental effects for you if you choose not to consent or to provide personal data. However, there are circumstances in which AnuPartha cannot take action without certain of your personal data, for example such personal data is required to send you newsletters or to meet our obligations under the Money Laundering, Terrorist Financing and Transfer of Funds Regulations 2017 and any other applicable legislation and for the purposes of crime prevention and fraud prevention before we can enter into any contractual obligations for provision of services.
How will we use your information?
We use information provided by you in the following ways:
- To process your application to use our services and to provide you with requested services;
- To undertake checks such as identification verification checks with fraud prevention agencies to enable us to comply with our anti-money laundering obligations and for the purposes of crime prevention and fraud prevention to enable us to comply with our legal obligations (such as record keeping);
- To comply with our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
- To help protect your information and prevent unauthorised access to it;
- To deal with any queries, complaints or problems reported by you;
- To generate statistics relating to use of our website, such as the popularity of certain features or services. We do not use personally identifiable information for these purposes;
- If required to do so by law and to the extent necessary for the proper operation of our systems, to protect us/our customers, or for the enforcement of any agreement between you and us;
- To notify you of changes to our services; and
- To help improve the services we provide to you.
We may also use this information to provide you with information about other services we offer that are similar to those that you have already engaged us to provide or enquired about or to provide information about AnuPartha by way of news letters or emails.
In such instances AnuPartha will only do so where we have either received consent from you or we have assessed that there is a legitimate interest for us to send you the communication. When assessing legitimate interest, we will balance our interests with your rights and will only send communications where you would reasonably expect to hear from us. You may opt out of receiving this information when we collect details or at any time by contacting us on email@example.com.
How will we protect your information?
We take appropriate security measures (including physical, electronic and procedural measures) to help protect the confidentiality, integrity and availability of your personal information from unauthorised access and disclosure.
Who would we disclose your information to? We may disclose your information to:
- Businesses that are legally part of the same group of companies within AnuPartha, or that become part of that group;
- Our brokers, dealers, IT providers, services providers and agents in order to provide and maintain the provision of the services;
- Our appointed auditors, accountants, lawyers and other professional advisers (e.g. compliance consultants), to the extent that they require access to the information in order to advise us;
- Fraud prevention agencies and other organisations to allow us to undertake the checks set out below. We will supply details of such agencies on request;
- We may also be required to share information with auditors appointed by the providers of such products or services;
- The regulators, the Financial Conduct Authority, or any relevant regulatory authority where they are entitled to require disclosure;
- Meet applicable law, the order of a Court or market rules and codes of practice applicable to the circumstances at the time;
- Investigate or prevent fraud or activities believed to be illegal or otherwise in breach of applicable law;
- Relevant tax, payments and customs authority, who may pass this on to tax authorities in other jurisdictions. The is tax regulations require us to collect information about each investor’s tax residency;
- Prospective seller or buyer of such business or assets in the event that we sell or buy any business or assets, in which case we will disclose your personal information. If all of AnuPartha ’s assets are acquired by a third party, in which case personal information held by it about its clients may be one of the transferred assets.
We will not lend or sell your information to third parties.
Personal data about other people which you provide to us
If you provide personal data to us about someone else (such as one of your directors or employees, or someone with whom you have business dealings) you must ensure that you are entitled to disclose that personal data to us and that, without our taking any further steps, we may collect, use and disclose that personal data as described in this Privacy Notice. In particular, you must ensure the individual concerned is aware of the various matters detailed in this Privacy Notice, as those matters relate to that individual, including our identity, how to contact us, our purposes of collection, our personal data disclosure practices (including disclosure to overseas recipients), the individual’s right to obtain access to the personal data and make complaints about the handling of the personal data, and the consequences if the personal data is not provided (such as our inability to provide services)
We are committed to only keeping your personal data for as long as we need to in order to fulfil the relevant purpose(s) it was collected for, as set out above in this notice, and for as long as we are required or permitted to keep it by law. We retain copies of our customer contracts in order to enable us to deal with any legal issues and the information provided to us for identification verification checks, financial crime and anti-money laundering checks (as required by law) for up to 7 years after termination or expiry of our contract with you. We retain details of complaints for upto 7 years from the date of receipt.
- We shall keep records of the following for up to 7 years:
- Electronic communications and minutes of face-to-face meetings;
- Suitability and appropriateness assessments;
- Periodic statements (for example, valuations); and
- All orders and transactions in financial instruments on your behalf (including information about your identity).
You have the right to request a copy of the personal data about you, which we hold, to have any inaccurate personal data corrected and to object to or restrict our using your personal data. You may also make a complaint if you have a concern about our handling of your personal data.
If you wish to do any of the above, please send an email to firstname.lastname@example.org
. We may request that you prove your identity by providing us with a copy of a valid means of identification in order for us to comply with our security obligations and to prevent unauthorised disclosure of data. When we receive such a request we will endeavour to provide you with these details without delay and at the latest within one month of receipt. We may extend the period of compliance by a further two months where requests are complex or numerous. In such instances AnuPartha will inform you within one month of the receipt of the request and explain why the extension is necessary. When AnuPartha receives a subject access request we will provide a copy of the information held free of charge.
AnuPartha may charge a reasonable fee to comply with requests for further copies of the same information. This does not mean that we will charge for all subsequent access requests rather that the AnuPartha reserves the right to charge a fee based on the administrative cost of providing the information. If after reviewing a request, we believe a request is manifestly unfounded or excessive, particularly if it is repetitive, then AnuPartha may charge a ‘reasonable fee’ which will be decided on a case by case basis. In certain circumstances may even refuse to respond to such requests. You also have the following rights (unless exemptions apply), which can be exercised by contacting us using the details provided below:
- To ask us not to process your personal data for marketing purposes;
- To prevent any processing of personal data that is causing or is likely to cause unwarranted and substantial damage or distress to you or another individual;
- To request the rectification or completion of personal data which are inaccurate or incomplete;
- To restrict or object to the processing of your personal data (from 25th May 2018 onwards);
- To request its erasure under certain circumstances;
- In certain circumstances, to receive your personal data, which you have provided to us, in a structured, commonly-used and machine-readable format and the right to transmit that data to another data controller without hindrance, or to have that personal data transmitted to another data controller, where technically feasible (from 25th May 2018 onwards);
- To be informed about any use of your personal data to make automated decisions about you, and to obtain meaningful information about the logic involved, as well as the significance and the envisaged consequences of this processing; and
- To lodge a complaint about the way in which your personal data is being used to your Data Protection Authority: The Information Commissioner’s Office (United Kingdom).
When you contact us to exercise any of the rights above, we may ask you to provide some additional information in order to verify your identity, such as your name, your address and proof of identity. If you would like to lodge a complaint or exercise any of your rights set out above, you can contact us at: Email: email@example.com
Where we rely on your consent to use your personal data, you have the right to withdraw that consent at any time.