PRIVACY NOTICE
This Privacy Notice explains how we collect, use, disclose, transfer and store your personal information.
We have developed this Privacy Notice because we want you to feel confident about the privacy and the security of your personal information.
Clearwater Financial Planning (company number 08763324) whose registered office is at 8 Park Farm Close, Longton, Preston PR4 5ZG, is committed to complying with the data protection laws in the United Kingdom and we reference the following legislation:-
• Data Protection Act 1998
From 25th May 2018, new data protection laws will come into force in the United Kingdom as follows:-
• General Data Protection Regulation 2018 (Regulation (EU) 2016/679)
Hereinafter known as the ‘Acts’.
When we refer to ‘personal information’ or ‘personal data’ in this Privacy Notice, we mean information which identifies you as an individual, or is capable of doing so. In the context of this Privacy Notice, the terms ‘personal information’ and ‘personal data’ may be used interchangeably.
Where we rely on your consent to use your personal data, you have the right to withdraw that consent at any time.
We may hold and use data about you in your capacity as a consumer, business customer, individual, as a shareholder, or any other capacity in which you may visit our websites. Please read this Privacy Notice carefully.
When do we collect information?
We will collect information from you when you register with us, apply to use any of our services, become our client and contact us in person, by telephone, e-mail or by post. We may collect information about you from fraud prevention agencies and other organisations when we undertake checks such as identification verification checks, as explained further below.
We record all calls for training and quality purposes and to enable us to deal effectively with queries or complaints and in order to comply with our regulatory obligations.
What information will we collect?
We may collect the following information:
• Your contact details, i.e. your name, date of birth and contact details;
• Personal circumstances such as your employment status, income & expenditure, assets & liabilities, nationality, country of birth, tax details and source of wealth;
• Financial arrangements such as your policies, investments, pensions, bank account details etc.
• Soft data such as ‘attitude to risk, personal financial objectives etc.
• Records of your contact with us such as meetings, phone calls, emails & letters;
• Information you provide us about other people e.g. joint applicants or beneficiaries;
• Information classified as ‘sensitive’ personal information e.g. relating to your health, marital or civil partnership status. This information will only be collected and used where it’s needed to provide the product or service you have requested or to comply with our legal obligations and
• Any records held by financial crime prevention agencies, the Electoral Register and by providers of credit search services;
In some cases, you are not obliged to provide any personal data to us, but if you have requested information or a service from us, we will not be able to provide it without certain information, such as your contact details. Before we can begin providing you with our services, we need to obtain certain information about you, so that we can verify your identity in order for us to meet our obligations under the Money Laundering, Terrorist Financing and Transfer of Funds Regulations 2017, the Criminal Justice (Proceeds of Crime) (Financial Services Businesses) and any other applicable legislation and for the purposes of crime prevention and fraud prevention. You are obliged to provide this information and if you do not provide it, we will be unable to provide you with our services.
How we will use your information
We use information held about you to:
• Assist us in keeping in contact;
• Ensure our advice is accurate, relevant and suitable;
• Help is deliver a robust ongoing review service;
• Enable us to represent your interests in relation to third party companies i.e. product providers;
• Assist your family and dependents (when authorised to do so);
• Undertake checks such as identification verification checks;
• Deal with any queries, complaints or problems reported by you;
• Help improve the services we provide to you and
• 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. You may opt-out of receiving this information on your Client Agreement or at any time by contacting us using the contact details below.
Unless otherwise stated in this Privacy Notice, the legal basis for our use of your personal data will be that this information is required for one or more of the legitimate interests described within the Acts.
How 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. For example, only authorised employees are permitted to access personal information, and they may do so only for permitted business functions. In addition, we have firewalls to help prevent unauthorised persons from gaining access to your personal information.
Despite our efforts regarding security it is important to bear in mind that the internet is not a secure means of communication. Personal information communicated through the internet may be intercepted by other people. We cannot guarantee the security of personal information sent to us by email. You accept that you use this medium at your own risk.
Disclosure of your information
We may disclose your information to:
• Companies we have chosen to support us in the delivery of the services we offer to you e.g. research, consultancy or technology companies; or companies who can help us in our contact with you, for example an internet service provider;
• Our appointed accountants, compliance consultant, lawyers and other professional advisers, to the extent that they require access to the information in order to advise us;
• Law enforcement, credit and identity check agencies for the prevention and detection of crime;
• Our regulator and any supervisory authority e.g. the Financial Conduct Authority (FCA), the Information Commissioner’s Office (ICO) etc.
• providers of investments or services we recommend, including providers of pensions, offshore and onshore bonds, trusts, investment platforms, discretionary management services, mortgages, insurance products or other such products or services. We may also be required to share information with auditors appointed by the providers of such products or services;
• the order of a Court or market rules and codes of practice applicable to the circumstances at the time, if required to do so to meet applicable law,
• investigate or prevent fraud or activities believed to be illegal or otherwise in breach of applicable law;
• relevant tax, payments and customs authorities, who may pass this on to tax authorities in other jurisdictions if tax regulations require us to collect information about each investor’s tax residency.
• a prospective buyer of our business or assets
We will not lend or sell your information to third parties.
Fraud Prevention Checks
As part of our application process we will carry out automated checks using your personal data, such as your name, postal address, date of birth, telephone numbers and employment status. These checks include identification verification checks and financial crime checks and involve us obtaining information from fraud prevention agencies and any records held by financial crime prevention agencies, the Electoral Register and credit search agencies.
We need to carry out these checks in order to meet our obligations under the Money Laundering Regulations (and any other applicable legislation). The information obtained from these checks is used by us to determine if we can accept you as a client, whether further information is required or the application is rejected, based on factors such as whether we have been able to verify your identity.
We may make periodic searches with fraud prevention agencies during the course of our relationship with you to verify the information we hold remains correct and that there has been no change in your status (for example when you are a politically exposed person or if you have been subject to a financial sanction). We and other organisations (who may be from other countries) may use and access the information recorded by fraud prevention agencies.
To prevent or detect fraud, or to assist in verifying your identity we may make searches at fraud prevention agencies. We may also provide information to financial and other organisations involved in fraud prevention to protect ourselves and our customers from theft and/or fraud. If false or inaccurate information is provided and fraud is identified or reasonably suspected, details will be passed to fraud prevention agencies who will record this. This information may also be accessed by law enforcement agencies. This information may be used by us, other Group companies and other organisations to prevent fraud and money laundering, for example, when processing applications for services or for debt recovery.
Data retention
We will keep advice related records of the following items indefinitely as a result of the regulatory obligation to the FCA (even where you did not take up our recommendations and become a client of Clearwater):-
• All relevant ‘know your customer’ information;
• Call recordings, electronic communications and minutes of face-to-face meetings;
• Research relating to our advice;
• Suitability Reports;
• Periodic statements and copy policy documents (for example investment valuations);
• Details of all transactions made on your financial products on your behalf;
• Information about your identity and
• Details of any complaints
Children
Children need particular protection when you are collecting and processing their personal data because they may be less aware of the risks involved.
If we learn that we have collected the personal information of a child under 13 we will take steps to delete the information as soon as possible or obtain parental/legal guardian consent if appropriate.
Your rights
You have the following rights (unless exemptions apply) which can be exercised by contacting us using the details provided below.
The right to:-
• Ask us not to process your personal data for marketing purposes;
• Access personal data held about you and to obtain a copy of it;
• 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;
• Request the rectification or completion of personal data which are inaccurate or incomplete.
• Restrict or object to the processing of your personal data (from 25th May 2018 onwards).
• Request its erasure under certain circumstances;
• Data Portability. This means, in certain circumstances, you can receive your personal data in a structured, commonly-used and machine- readable format and the right to transmit that data to another data controller without hindrance. You can also have that personal data transmitted to another data controller, where technically feasible (from 25th May 2018 onwards);
• Be informed about any use of your personal data to make automated decisions about you, obtain meaningful information about the logic involved as well as the significance and the envisaged consequences of this processing; and
• Lodge a complaint about the way in which your personal data is being used to the Information Commissioner’s Office
When you contact us to exercise any of your rights (above) we may ask you to provide some additional information in order to verify your identity, such as your name, address and proof of identity. If you would want to lodge a complaint or exercise any of your rights set out you can contact us using the details below.
Marketing
If we want to send you information about products and services that may be of interest to you or news and information about financial services we will seek your consent before sending you any such marketing or communications. We may from time to time offer joint or co-branded products and services.
When you receive your Client Agreement you may specify your marketing and communication preferences or indicate that you do not wish to receive news or information. If you have consented to receive marketing communications you may change your preferences or opt out at a later date.
If you no longer wish to be contacted for marketing purposes, please contact us using the details below.
Contacting us
If you have any queries, comments or requests regarding this Notice or you would like to exercise any of your rights set out above, you can contact us using the details below:-
Data Protection Officer: Debbie Carter
Address: Clearwater Financial Planning
10, Chapel Lane
Longton
Preston
PR4 5EB
Alternatively, you may contact the Information Commissioners Office at the address below:-
Information Commissioners Office
Wycliffe House
Water Lane
Wilmslow
SK9 5AF
Changes to our Privacy Notice
We keep our Privacy Notice under regular review and we will place any updates on our website. This Privacy Notice was last updated in May 2018.