Clarion Privacy Notice

Introduction

The Clarion group of companies takes your privacy very seriously and is committed to protecting your personal information.

This Privacy Notice sets out how we use and look after the personal information we collect from you. We are the data controller, responsible for the processing of any personal data you give us. We take reasonable care to keep your information secure and to prevent any unauthorised access to or use of it. By providing us with your data, you warrant to us that you are over 13 years of age.

The effective date of this privacy notice is 25th May 2018.

Who are ‘we’?

In this notice, whenever you see the words “we”, “us” or “our”, we mean Clarion Wealth Planning Ltd, Clarion Investment Management Ltd and Clarion Trustees Ltd.  This privacy notice applies to all the aforementioned companies.

How to contact us

If you have any questions about our Privacy Notice or the information we collect and use about you, please contact:

FAO: Head of Operations
Clarion Wealth Planning
Overbank, 52 London Road
Alderley Edge
Cheshire
SK9 7DZ

Email address: datasecurity@clarionwealth.co.uk

What personal data do we hold on you?

Personal data means any information about an individual from which that individual can be identified.  We collect, use, store and transfer personal data whenever you interact with us whether that be through face-to-face meetings, by phone, email, in writing, social media, the use of our website or other methods.

When permitted or authorised by law, we may also receive information about you from third parties such as business partners, credit or fraud checking agencies, as well as other third parties with whom we have had no prior contact.

Clients

If you are our client, or intend to become our client, we need to build up a detailed picture of your current personal and financial position, so we can deliver financial planning services in fulfilment of our contract with you.  The information we hold may include:

  • Detailed information about who you are, e.g. your name, date of birth, contact details, national insurance number, place of work.
  • Information about children and other family members where it is relevant to your financial plan. In these cases, we will collect and use only the minimum information required to identify the child (name, DOB, gender).
  • Financial information including employment status, details of your income, expenditure, assets, bank accounts and other financial products.
  • Information about your interests and/or hobbies.
  • Information classified as ‘sensitive’ personal information e.g. relating to your health, marital or civil partnership status.
  • Information that is automatically collected, e.g. via cookies when you visit our website.
  • Information if you visit our offices, e.g. visual images collected via closed circuit television (CCTV).

Prospective Clients and Professional Connections

In certain situations, we also hold less detailed personal information about prospective client and other professionals who we work with.  The information we hold may include:

  • Information about who you are, e.g. your name, place of work and contact details.
  • Information about your interests and/or hobbies.
  • Information that is automatically collected, e.g. via cookies when you visit our website.
  • Information if you visit our offices, e.g. visual images collected via closed circuit television (CCTV).

Sensitive Data

Sensitive or Special Category data refers to data that may include 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.
We are required by our regulator, the Financial Conduct Authority (FCA), to collect and collate enough information about our clients to ensure that the advice we give is suitable.  This inevitably involves processing sensitive data without which we will be unable to fulfil our contract to you and also our obligation to our regulator.

However, we do try and ensure that we only collect sensitive data relevant to the areas that we are advising upon and it is proportionate to the advice given.

Why we need your personal data

As an active client, we have a contractual obligation to you to provide financial planning services for which we need to collect detailed information about you.  As stated above, this will include ‘sensitive’ personal information.

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so.  We have also identified what our legitimate interests are, where appropriate.

Data Subject

Purpose / Processing Activity

Lawful Basis for processing under Article 6 of the GDPR

Client Processing personal & financial data in relation to providing financial planning services Performance of a contract
Client Processing ‘sensitive’ personal information in relation to providing financial planning services Performance of a contract*
Client Sharing information with product providers and service providers where you have purchased their services and/or products Performance of a contract
Client Sharing data with third-party service providers, providing services to Clarion. Clarion has a legitimate interest to run the company efficiently and as it sees fit.  Provision of some third-party services are for the benefit of the company and its clients.
Client Sending out marketing information such as newsletters and investment updates. Clarion has a legitimate interest in keeping clients up to date in relation to products or services that they’ve purchased, and many clients would expect us to do so.

You can opt out of this at any time.

 

 

Client

 

 

Organising events tailored to your specific interests and/or hobbies. Clarion has a legitimate interest in providing what we feel are added value events.  We use this information to tailor events to the interests of our clients, prospects and professional connections.

You can opt out of this at any time.

Prospects

Professional Connections

Sending out marketing information such as newsletters and investment updates. Consent.

You can opt out at any time.

Prospects

Professional Connections

Processing information about your personal interests and/or hobbies. Consent.

You can opt out at any time.

Client

Prospects

Professional Connections

Processing analytical information about your use of our website and online services such as your IP address, details of your browser and/or device, length of your visit to website and which pages you’ve visited. Clarion has a legitimate interest as this enables us to properly administer our website and our business.  It also helps us to grow the business and to aid our marketing strategy.

You will need to turn off analytical cookies to opt out of this.

 

Client

Prospects

Professional Connections

 

Processing data collected when visitors visit our offices, such as CCTV pictures. Clarion has a legitimate interest as this helps us to ensure the safety of our staff, our premises and the physical data that we hold.

*Because this is special category data, we are also required to identify the sepatate condition for processing special category data under Article 9.2 of the GDPR. As there is no time-limit on complaints to the Financial Services Ombudsman, we hold this data under condition f: ‘processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity’.

Marketing Communications

Our lawful ground of processing your personal data to send you marketing communications is either your consent or our legitimate interests (as outlined in the above table)

Under the Privacy and Electronic Communications Regulations (PECR), we may send you marketing communications from us if (i) you made a purchase or asked for information from us about our goods or services or (ii) you agreed to receive marketing communications and, in each case, you have not opted out of receiving such communications since.

Under these regulations, if you are a limited company, we may send you marketing emails without your consent. However, you can still opt out of receiving marketing emails from us at any time.

You can ask to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by emailing us at datasecurity@clarionwealth.co.uk

If you opt out of receiving marketing communications this opt-out does not apply to personal data provided for other purposes such as the ongoing delivery of financial planning services.

Who we share your personal data with

We may have to share your personal data with the parties set out below:

  • Other companies in our group who provide services to us,
  • Service providers who provide IT and system administration services.
  • Service providers who provide marketing or PR services to us.
  • Service providers who provide compliance and legal services to us.
  • Professional advisers including solicitors, bankers, auditors and insurers.
  • Government bodies that require us to report processing activities.
  • Fraud prevention agencies
  • Third parties to whom we sell, transfer, or merge parts of our business or our assets.

We require all third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions.

International Transfers

Where possible, we avoid transferring your data outside of the European Economic Area (EEA) as many countries outside of this area do not always offer the same levels of protection to your personal data.  Indeed, European law has prohibited transfers of personal data outside of the EEA unless the transfer meets certain criteria.

If your data is transferred outside of the EEA, we do our best to ensure a similar degree of security of data by ensuring at least one of the following safeguards is in place:

  • We will only transfer your personal data to countries that the European Commission have approved as providing an adequate level of protection for personal data by; or
  • Where we use certain service providers, we may use specific contracts or codes of conduct or certification mechanisms approved by the European Commission which give personal data the same protection it has in Europe; or
  • If we use US-based providers that are part of EU-US Privacy Shield, we may transfer data to them, as they have equivalent safeguards in place.

If none of the above safeguards is available, we may request your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time.

Data Security

We have put in place security measures to prevent your personal data from being accidentally lost, used, altered, disclosed, or accessed without authorisation. We also allow access to your personal data only to those employees and partners who have a business need to know such data. They will only process your personal data on our instructions and they must keep it confidential.

We have procedures in place to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach if we are legally required to.

How long we hold your personal data

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.

When deciding what the correct time is to keep the data for we look at its amount, nature and sensitivity, potential risk of harm from unauthorised use or disclosure, the processing purposes, if these can be achieved by other means and legal requirements.

If you cease to be a client of Clarion, we will ‘deactivate’ your data which means that we will no longer process it.  However, we will keep a record of any advice given as we have to adhere to certain rules set by the Financial Conduct Authority and, in addition, we believe we have a legitimate interest in holding a record of the personal information to protect ourselves against future complaints.

In civil actions in the courts, there is usually an overall “long-stop” requirement that the matter complained about should have happened within the last 15-years. This limitation does not apply to complaints to the Financial Ombudsman Service. There is no 15-year “long-stop” rule in the complaints-handling rules made under the Financial Services and Markets Act and the Consumer Credit Act.

This reflects the fact that financial products are “intangible” and can be of a very long-term nature. Problems – for example, with a whole-of-life policy – may only emerge or become apparent many years after the contract was taken out.

We will therefore continue to hold personal information for a period of two years after we become aware of your death.

For marketing purposes, where we have obtained consent, we will contact you and ask you to refresh this consent every two years.  If you withdraw your consent, we will cease processing the information immediately.

In some circumstances we may anonymise your personal data for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

Your rights regarding your personal data

Under data protection laws you have rights in relation to your personal data that include the right to request access, correction, erasure, restriction, transfer, to object to processing, to portability of data and (where the lawful ground of processing is consent) to withdraw consent.

You can see more about these rights at:

https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/

If you wish to exercise any of the rights above, please email us at datasecurity@clarionwealth.co.uk

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 (or refuse to comply with your request) if your request is clearly unfounded, repetitive or excessive.

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 in relation to your request to speed up our response.

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.

If you are not happy with any aspect of how we collect and use your data, you have the right to complain to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk).

We should be grateful if you would contact us first if you do have a complaint so that we can try to resolve it for you.

Third-Party Links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

What are cookies?

A cookie is a small file that is saved on to your computer or other device when you visit our website so the website can remember who you are. Most major websites use cookies and they can help a website to arrange content to match your preferred interests more quickly.

Cookies cannot be used by themselves to identify you and we do not use cookies on our website to modify prices or services specific to you. We use them to understand how the website is being used so that we can make improvements.

A cookie will typically contain the name of the domain from which the cookie has come, the “lifetime” of the cookie, and a value, usually a randomly generated unique number. Two types of cookies are used by us on our site:

  • Session Cookies: which are temporary cookies that remain in the cookie file of your browser until you leave the site; and
  • Persistent cookies: which remain in the cookie file of your browser for much longer (though how long will depend on the lifetime of the specific cookie).

Session Cookies allow you to carry information across pages of our site and avoid having to re-enter information and to allow you to access stored information.

Persistent Cookies help us recognise you as a unique visitor (just a number) when you return to our website and to allow us to assess and understand our content, which pages are being visited and how long visitors spend on each page.  We specifically use Google Analytics for this. To opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout.

Most web browsers allow some control of most cookies through the browser settings. The “Help” section in your browser should provide you with the necessary information to adjust your settings and control the creation and storage of cookies on your hard drive.

If you alter your browser settings to refuse our cookies you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site.

Please note that third parties may also use cookies, over which we have no control.

To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.

Our website may contain electronic images known as web beacons which allows us to count users who have visited those pages. Web beacons are not used to access your personally identifiable information on our site. They are a technique to compile aggregated statistics about our website’s usage. Web beacons collect only a limited set of information including a cookie number, time and date of a page view and a description of the page on which the web beacon resides.