Clarity Privacy Notice

Privacy

Overview – the key information you should be aware of

(A)          Who we are: We are Clarity Capital Partners Limited (a company registered in England and Wales (company number 4897210), whose registered office is at 5 Elstree Gate, Elstree Way, Borehamwood, Hertfordshire, WD6 1JD, United Kingdom) – also referred to in this policy as ‘we’, ‘us’ and ‘Clarity’.

References in this policy to “our website” are to the website at www.claritycp.com.  If you wish to contact us about anything in this privacy policy, please email us at dataprotection@claritycp.com

(B)          Our values and what this policy is for: We value your privacy and want to be accountable and fair to you as well as transparent with you in the way that we collect and use your personal information.  We also want you to know your rights in relation to your information which you can find here below

In line with these values, this privacy policy tells you what to expect when we collect and use personal information about you. We are always looking to improve the information we provide to our customers and contacts so if you have any feedback on this privacy policy, please let us know using our contact details in section 12.

(C)          Who this policy applies to:  This policy applies to:

  • Visitors to our website www.claritycp.com; and
  • Business contacts.

Depending on our relationship, we will collect and use your information in different ways.

(D)          What this policy contains: This privacy policy describes the following important topics relating to your information:

  1. How we obtain your personal information;
  2. Collection of your personal information and how we use it:
  3. Our legal basis for using your personal information;
  4. How and why we share your personal information;
  5. How long we store your personal information;
  6. Your rights;
  7. Marketing;
  8. Where we may transfer your personal information;
  9. Risks and how we keep your personal information secure;
  10. Links to other websites;
  11. Changes to this privacy policy; and
  12. Further questions and how to make a complaint.

(E)          Your rights to object: You have various rights in respect of our use of your personal information as set out in section 6.  Two of the fundamental rights to be aware of are that you may:

  • ask us to stop using your personal information for direct-marketing purposes. If you exercise this right, we will stop using your personal information for this purpose;
  • ask us to consider any valid objections which you have to our use of your personal information where we process your personal information on the basis of our, or another person’s, legitimate interest.

You can find out more information in section 6.

(F)           What you need to do and your confirmation to us: Please read this privacy policy carefully to understand how we handle your personal information. By engaging with us in the ways set out in this privacy policy, you confirm that you have read and understood the entirety of this privacy policy, as it applies to you.

 

The detail – the key information you should be aware of

  1. How we obtain your personal information

1.1         You may provide us with your personal information voluntarily.  However, we may also receive information about you from third parties such as our suppliers and public websites, which we refer to as “third party sources” or “suppliers” throughout this policy.

1.2         You may give us personal data about yourself in the course of interactions with our staff (for instance if you give them your business card or send us your CV) or when you contact us by phone, e-mail or other means. If you contact us, we may keep a record of that correspondence.

  1. Collection of your personal information and how we use it

Please go to the section or sections below that best describes our relationship with you to find out the information that we collect about you and how we use this information.  We refer to this as “personal information” throughout this policy.

2.1         Visitors to our website

(a)          What personal information we collect about you

We, or third parties on our behalf, may collect and use the following information created and recorded automatically when you visit our website:

(i)            Technical information. This includes: the Internet protocol (IP) address used to connect your computer to the internet address; the website address and country from which you access information; the files requested; browser type and version; browser plug-in types and versions; operating system; and platform. We use this personal information to administer our website, to measure the efficiency of our systems and to undertake an analysis of the locations from which people access our webpages;

(ii)           Information about your visit and your behaviour on our website (for example, the pages that you click on).  This may include the website you visit before and after visiting our website (including date and time), time and length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, traffic data, location data, weblogs and other communication data and information provided when requesting further service or downloads.

(b)          How we use your personal information

We will collect, use and store the personal information listed above for the following reasons:

(i)            for improvement and maintenance of our website and to provide technical support for our website;

(ii)           to ensure the security of our website; and

(iii)          to evaluate your visit to the website and prepare reports or compile statistics to understand the type of people who use our website, how they use our website and to make our website more intuitive. Such details will be anonymised as far as reasonably possible and you will not be identifiable from the information collected.

Please see sections 2.3 and 2.4 for more details about how we use your personal information.

2.2         Business contacts

(a)          We, or third parties on our behalf, collect and use the following information about you:

(i)            your name;

(ii)           your business postal address;

(iii)          your business email address;

(iv)          your telephone number(s);

(v)           information about your preferences;

(vi)          any information provided by you when you correspond with us; and

(b)          How we use your personal information

We will collect, use and store the personal information listed above for the purposes of contacting you in the normal course of doing business with you and/or your employer, dealing with any enquiries from you and also, for business development and marketing purposes, to contact you (including by email or post) with information about our services which you request or which we feel will be of interest to you (including newsletters).

Please see sections 2.3 and 2.4 for more details about how we use your personal information.

(c)           Source of personal information.  We may receive some of your personal information from third parties, such as marketing agencies and third party email marketing platforms such as LinkedIn.

2.3         Whatever our relationship with you is, we may also collect, use and store your personal information for the following additional reasons:

(a)          to deal with any enquiries or issues you have about how we collect, store and use your personal information, or any requests made by you for a copy of the information we hold about you.  If we do not have a contract with you, we may process your personal information for these purposes where it is in our legitimate interests for customer services purposes;

(b)          for internal corporate reporting, business administration, ensuring adequate insurance coverage for our business, ensuring the security of company facilities, research and development, and to identify and implement business efficiencies.  We may process your personal information for these purposes where it is in our legitimate interests to do so;

(c)           to comply with any procedures, laws and regulations which apply to us – this may include where we reasonably consider it is in our legitimate interests or the legitimate interests of others to comply, as well as where we are legally required to do so; and

(d)          to establish, exercise or defend our legal rights – this may include where we reasonably consider it is in our legitimate interests or the legitimate interests of others, as well as where we are legally required to do so.

2.4         Further processing

We will not use your personal information in any way that is incompatible with the purposes set out in this section 2.

  1. Legal basis for use of your personal information

3.1         We consider that the legal bases for using your personal information as set out in this privacy policy are as follows:

(a)          our use of your personal information is necessary to perform our obligations under any contract with you; or

(b)          our use of your personal information is necessary for complying with our legal obligations (for example, if you contact us requesting access to personal data we hold about you); or

(c)           where use of your personal information is necessary for our legitimate interests or the legitimate interests of others. Our legitimate interests are to:

(i)            run, grow and develop our business;

(ii)           carry out marketing, market research and business development;

(iii)          provide services to our customers, make and receive payment and provide customer services;

(iv)          place, track and ensure fulfilment of orders with our suppliers; and

(v)           carry out internal group administrative purposes.

3.2         If we rely on our (or another person’s) legitimate interests for using your personal information, we will undertake a balancing test to ensure that our (or the other person’s) legitimate interests are not outweighed by your interests or fundamental rights and freedoms which require protection of the personal information.

  1. How and why we share your personal information with others

4.1         We will share your personal information with our group companies where it is in our legitimate interests to do so for internal administrative purposes (for example, ensuring consistent and coherent delivery of our services to our customers, corporate strategy, compliance, auditing and monitoring, research and development and quality assurance).

4.2         We will share your personal information with the following third parties or categories of third parties:

(a)          Mailchimp and other service providers (such as mail distributors) that assist us in our marketing, advertising and promotional activities; and

(b)          our other service providers and sub-contractors, including but not limited to CRM platform providers, payment processors, insurers, warehouse, storage and logistics providers and cloud service providers.

4.3         Any third parties with whom we share your personal information are limited (by law and by contract) in their ability to use your personal information for any purpose other than to provide services for us.

4.4         We will also disclose your personal information to third parties:

(a)          where it is in our legitimate interests to do so to run, grow and develop our business:

(i)            if we sell or buy any business or assets, we may disclose your personal information to the prospective seller or buyer of such business or assets;

(ii)           if substantially all of our or any of our affiliates’ assets are acquired by a third party, in which case personal information held by us will be one of the transferred assets;

(b)          if we are under a duty to disclose or share your personal information in order to comply with any legal obligation, any lawful request from government or law enforcement officials and as may be required to meet national security or law enforcement requirements or prevent illegal activity;

(c)           in order to enforce or apply our terms and conditions or any other agreement or to respond to any claims, to protect our rights or the rights of a third party, to protect the safety of any person or to prevent any illegal activity; or

(d)          to protect the rights, property, or safety of Clarity, our staff, our customers or other persons. This may include exchanging personal information with other organisations for the purposes of fraud protection and credit risk reduction.

4.5         We may also disclose and use anonymised, aggregated reporting and statistics about users of our website or our goods and services for the purpose of internal reporting or reporting to our group or other third parties, and for our marketing and promotion purposes. None of these anonymised, aggregated reports or statistics will enable our users to be personally identified.

4.6         Save as expressly detailed above, we will never share, sell or rent any of your personal information to any third party without notifying you and, where necessary, obtaining your consent. If you have given your consent for us to use your personal information in a particular way, but later change your mind, you should contact us and we will stop doing so.

  1. How long we store your personal information

5.1         We keep your personal information for no longer than necessary for the purposes for which the personal information is processed.  The length of time we retain personal information for depends on the purposes for which we collect and use it and/or as required to comply with applicable laws and to establish, exercise or defend our legal rights.

  1. Your rights

6.1         You have certain rights in relation to your personal information. If you would like further information in relation to these or would like to exercise any of them, please contact us via email at dataprotection@claritycp.com at any time. You have the following rights:

(a)          Right of access.  You have a right of access to any personal information we hold about you.  You can ask us for a copy of your personal information; confirmation whether your personal information is being used by us; details about how and why it is being used; and details of what safeguards are in place if we transfer your information outside of the European Economic Area (“EEA”).

(b)          Right to update your information.  You have a right to request an update to any of your personal information which is out of date or incorrect.

(c)           Right to request deletion of your information.  You have a right to ask us to delete any personal information which we are holding about you in certain specific circumstances.  You can ask us for further information on these specific circumstances by contacting us using the details in section 12.

We will pass your request on to other recipients of your personal information unless that is impossible or involves disproportionate effort.  You can ask us who the recipients are using the contact details in section 12.

(d)          Right to restrict use of your information: You have a right to ask us to restrict the way that we process your personal information in certain specific circumstances.  You can ask us for further information on these specific circumstances by contacting us using the details in section 12.

We will pass your request onto other recipients of your personal information unless that is impossible or involves disproportionate effort.  You can ask us who the recipients are using the contract details in section 12.

(e)          Right to stop marketing: You have a right to ask us to stop using your personal information for direct-marketing purposes.  If you exercise this right, we will stop using your personal information for this purpose.

(f)           Right to data portability: You could have a right to ask us to provide your personal information to a third party provider of services.  This right only applies where we use your personal information on the basis of your consent or performance of a contract; and where our use of your information is carried out by automated means.

(g)          Right to object.  You have a right to ask us to consider any valid objections which you have to our use of your personal information where we process your personal information on the basis of our or another person’s legitimate interest.

6.2         We will consider all such requests and provide our response within a reasonable period (and in any event within one month of your request unless we tell you we are entitled to a longer period allowed by applicable law). Please note, however, that certain personal information may be exempt from such requests in certain circumstances, for example if we need to keep using the information to comply with our own legal obligations or to establish, exercise or defend legal claims.

6.3         If an exception applies, we will tell you this when responding to your request.  We may request you provide us with information necessary to confirm your identity before responding to any request you make.

  1. Marketing

7.1         We may collect and use your personal information for undertaking marketing by email telephone and post.

7.2         We may send you certain marketing communications (including electronic marketing communications to existing customers) if it is in our legitimate interests to do so for marketing and business development purposes.

7.3         However, we will always obtain your consent to direct marketing communications where we are required to do so by law (for instance if we want to send email marketing to consumers at their personal email addresses). We will also ensure that any direct marketing sent has a clear way of unsubscribing from our lists should you wish to at any stage.

7.4         If you wish to stop receiving marketing communications, you can contact us by email at crm@claritycp.com

  1. Where we may transfer your personal information

8.1         Your personal information may be used, stored and/or accessed by staff operating outside the EEA working for us, other members of our group, third party partners or suppliers. Further details on to whom your personal information may be disclosed are set out in section 4.

8.2         If we provide any personal information about you to any such non-EEA members of our group or third parties, we will take appropriate measures to ensure that the recipient protects your personal information adequately in accordance with this privacy policy.  Further details on the steps we take to protect your personal information, in these cases is available from us on request by contacting us by email at dataprotection@claritycp.com at any time.

  1. Risks and how we keep your personal information secure

9.1         The main risk of our processing of your personal information is if it is lost, stolen or misused.  This could lead to your personal information being in the hands of someone else who may use it fraudulently or make public information that you would prefer to keep private.

9.2         For this reason, we are committed to protecting your personal information from loss, theft and misuse.  We take all reasonable precautions to safeguard the confidentiality of your personal information, including through use of appropriate organisational and technical measures. Organisational measures include physical access controls to our premises, implementing internal policies and staff training and ensuring confidentiality obligations are imposed on our employees and third parties.  Technical measures include requiring passwords for access to our systems, the use of encryption and anti-virus software and logically separating data.

9.3         In the course of provision of your personal information to us, your personal information may be transferred over the internet.  Although we make every effort to protect the personal information which you provide to us, the transmission of information over the internet is not completely secure. As such, you acknowledge and accept that we cannot guarantee the security of your personal information transmitted online and that any such transmission is at your own risk. Once we have received your personal information, we will use strict procedures and security features to prevent unauthorised access to it.

  1. Links to other websites

Our website may contain hyperlinks to websites that are not operated by us. These hyperlinks are provided for your reference and convenience only and do not imply any endorsement of the activities of such third-party websites or any association with their operators. This privacy policy only applies to the personal information that we collect or which we receive from third party sources, and we cannot be responsible for personal information about you that is collected and stored by third parties. Third party websites have their own terms and conditions and privacy policies, and you should read these carefully before you submit any personal information to these websites. We do not endorse or otherwise accept any responsibility or liability for the content of such third party websites or third party terms and conditions or policies.

  1. Changes to our privacy policy

We may update our privacy policy from time to time. Any changes we make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you in other ways (such as a prominent announcement on our website). Please check back frequently to see any updates or changes to our privacy policy.

  1. Further questions and how to make a complaint

12.1       If you have any queries or complaints about our collection, use or storage of your personal information, or if you wish to exercise any of your rights in relation to your personal information, please contact dataprotection@claritycp.com. We will investigate and attempt to resolve any such complaint or dispute regarding the use or disclosure of your personal information.

12.2       In accordance with Article 77 of the General Data Protection Regulation, you may also make a complaint to the Information Commissioner’s Office, or the data protection regulator in the country where you usually live or work, or where an alleged infringement of the General Data Protection Regulation has taken place.  Alternatively, you may seek a remedy through the courts if you believe your rights have been breached.

 

Australian Privacy Policy

Last Updated: 28 June 2018

This Privacy Policy applies to Clarity Capital Partners Pty Ltd (ACN 615 302 120) (Clarity, we, our, us) and the website We are committed to protecting your privacy and are bound by the Privacy Act 1988 (Cth) and the Australian Privacy Principles (the APPs).  This Privacy Policy sets out the types of personal information we may collect from you and how we may use, hold, secure and disclose this personal information as well as setting out what rights and controls you have over the personal information we collect about you.

Acceptance

We encourage you to read this Privacy Policy carefully before using our Website and/or our services, or otherwise providing your personal information to Clarity.  By accessing or using the Website and/or our services or by submitting your personal information to us, you acknowledge that you have read, understand and agree to the terms of this Privacy Policy and consent to the collection, use, storage and disclosure of your personal information as set out in this Privacy Policy.  If you do not agree with the terms of this Privacy Policy, please do not use the Website, our services or otherwise provide us with your personal information.

Changes to this Privacy Policy

We reserve the right to make changes to this Privacy Policy from time to time, as changes in technology and data protection governance and practices change, as well as when our business changes.  If we make any changes to our Privacy Policy, we will notify you by publishing the updated Privacy Policy on our Website on this page.  The date of the latest version of this Privacy Policy will appear above and any updated version of this Privacy Policy will become effective from this date.

We encourage you to check this Privacy Policy page regularly to ensure that you are aware of any updates and changes.  By continuing to use our Website, services or by continuing to provide us with your personal information after these changes have been published, you confirm your acceptance of these changes to the Privacy Policy.

How do we collect your personal information?

We will only collect personal information about you which you have provided to us, or consented to us collecting, for our business activities and dealings with you.   We may collect your information in a number of ways, including, but not limited to:

  • when you visit or use our Website;
  • From third parties, such as marketing agencies and third party email marketing platforms such as LinkedIn

The type of personal information we may collect will vary depending on the nature of your interaction with Clarity.  Generally, the type of personal information we may collect and hold about you may include:

  • your full name, your contact details such as your postal address, email address and phone numbers and geographic location;

You are under no obligation to provide your personal information to us and you are able to visit our Website and deal with us anonymously or by pseudonym.  However, please be aware that if you choose not to provide us with certain required information, we may not be able to provide you with certain services.  For example, we may not be able to connect you with our network of global prospective buyers and senior decision-makers in order to assist you with your proposed business transaction.

Do we use cookies on our Website?

When you visit our Website, Clarity may also automatically collect non-personal information about you, such as information about the type of internet browser you use, the website from which you have come to visit our Website, details of your usage of our Website and your IP address which is automatically recognised by our web server.

We may collect this non-personal information through the use of cookies or other similar technologies, which are files of data which are stored on your computer that may be retrieved when you revisit the Website in order to store your preferences in using our Website.

These cookies do not contain personal information and you cannot be identified from this information. Cookies allow us to keep track of your preferences on our Website to enhance your client experience, to monitor and analyse website traffic on our Website and collect broad demographic information for aggregate use so that we can continue to improve the functionality and features of our Website.  This information may be disclosed in aggregate to third parties who assist us in conducting this website analysis.

You may delete or prevent cookies from being saved on your computer or device by changing your internet browser settings.  You may still continue to use our Website even if you choose to reject or delete cookies.  However, please be aware that if you reject or delete cookies, you may not be able to take full advantage of certain features on our Website.

How do we use the personal information we collect?

Clarity uses the personal information we collect about you for a number of purposes, including (but not limited) to:

  • provide you with our services, assist you with your business ventures and transactions and otherwise conduct our business, for example, to enforce our terms of service;
  • connect you with our global network of prospective sellers, buyers and senior decision-makers, in accordance with your business activities;
  • verify your identity or conduct research about you or a business you may be involved with, in the provision of our M&A services;
  • market our services, our Website and our related offerings to you (e.g. invitations to events such as client briefings and presentations or provide you with our market research reports);
  • contact you or respond to your queries, requests or feedback;
  • conduct analysis on our Website’s usage and interaction, for example, to monitor website usage and traffic;
  • carry out our internal business purposes, such as business management or accounting/auditing purposes;
  • comply with any of our legal or regulatory obligations; or
  • for any other purpose described to you at the time of collection or which you may otherwise reasonably expect when you provided your information to us.

From time to time, we use your personal information to send you marketing materials about our services, our Website, information about any new products or services we may offer, promotions, or any of the prospective sellers, buyers or senior decision-makers, which we believe may be of interest to you.   If you do not wish to receive these marketing communications, you can opt out by contacting us using the Contact Details below and informing us that you wish to opt out or otherwise by following the “unsubscribe” instructions in any marketing materials which we may send to you.

Do we disclose your personal information to third parties?

Clarity may disclose the personal information we collect about you to third parties which may include (but is not limited to):

  • our related entities, affiliates or business partners, for example, to our other offices in New York or London;
  • our global network of prospective sellers, buyers or senior decision-makers, shareholders or directors of companies for the purposes of assisting you with the proposed business venture or transactions for which you have engaged us;
  • third party service providers, agents, contractors, suppliers, vendors and other parties who we may engage to assist us in the management and conduct of our business and the provision of our services, for example: processing transactions (payment processors, banks), fulfilling requests for information, receiving and sending communications, distributing marketing materials (mailing houses), research and data analysts and other business support services such as website hosting services, information and database storage and management services;
  • government or regulatory bodies and agencies, credit reporting bodies, law enforcement bodies (such as the police), courts of law, if we are required or authorised to do so by law or if we believe that such action is necessary. For example, we may disclose your personal information to credit reporting bodies to verify your identity, or we may be required to disclose your personal information to a court of law in response to a subpoena or legal order, to investigate, prevent or take action against suspected illegal activities, fraud or potential threats or to exercise legal rights or defend against such claims such as intellectual property infringement;
  • third parties in the event of any reorganisation, merger, sale, joint venture, assignment, transfer or disposition of all or any part of our business or operations (including without limitation in connection with bankruptcy or similar proceedings); or
  • as otherwise permitted by law.

Do we disclose personal information overseas?

Due to the global nature of our business and our network, we may disclose your personal information to overseas recipients for the purposes of connecting you with overseas contacts and conducting our business in providing our services to you.   For example, the personal information we collect may be stored, processed or disclosed to our related entities and overseas offices in other countries including,  the UK or the US.

Countries outside of Australia may not always have the same or similar privacy protection laws as Australia and, in some cases, foreign laws may require us to disclose your personal information overseas, for example, to an overseas company regulator or law enforcement authority.

Important Notice:

If the use of your personal information involves the disclosure of that information outside of Australia, you acknowledge that, by providing Clarity with your personal information, you consent to such overseas disclosure.  By consenting to such disclosure, you agree and acknowledge that:

  1. Clarity will not be accountable under the Privacy Act 1988 (Cth) for any breach of your privacy by an overseas recipient; and
  2. You will not be able to seek redress under the Privacy Act 1988 (Cth) against Clarity for any breach of your privacy by an overseas recipient.

However, where we do provide your personal information to overseas recipients, Clarity takes reasonable steps to ensure that your personal information is managed in accordance with this Privacy Policy.

How do we secure your personal information?

Clarity takes the security of your personal information seriously.  Accordingly, Clarity takes such steps as are reasonable in the circumstances to secure and protect your personal information from misuse, interference, loss and/or unauthorised access, modification or disclosure.

For example, the personal information which we collect is sent to and stored on secure servers and Clarity uses firewalls and secure server software (SSL) to encrypt information that you submit.  Our security and privacy policies are reviewed periodically as necessary and access to your personal information is provided only to those authorised personnel who require access for the purposes of their jobs.  We train our staff to handle your personal information appropriately and in accordance with this Privacy Policy and applicable privacy laws.

Please be aware that the transmission of data over the internet is never completely secure and, while we use our best efforts to secure and protect any personal information we hold about you, we cannot guarantee “perfect security” of any information you transmit or provide to us.  Any such provision or transmission is at your own risk.

Third party links

Our Website may contain links to or from other third party websites or services.  These other websites are not subject to this Privacy Policy or the privacy practices and procedures applied by Clarity and we are not responsible for the content or privacy procedures of these third party websites or services.  This Privacy Policy applies solely to the management of personal information by Clarity.  We encourage you to read the privacy policies of these third party websites and contact these websites directly for further information about their privacy practices.

How can you access or correct your personal information?

Clarity takes such steps as are reasonable to ensure that the personal information we collect and hold about you is up-to-date, accurate and complete.  However, we rely on the accuracy of the personal information which you provide to us.

You have the right to request access to the personal information we hold about you or request the correction of any errors in that personal information.  If you would like to request access to, or the correction of, the personal information we hold about you, please:

  • contact us using the details listed below under “Contact Us” and provide us with details of your request for access and/or correction;

Once we receive your request, we will endeavour to respond to that request within a reasonable period after the date of receipt of your request.  There are some exceptions, specified by law, where we may refuse to provide you with access (for example, if granting access would interfere with the privacy of others or result in a breach of confidentiality or other rules or laws).  If one of these circumstances applies, we will provide you with a written notice setting out our reasons for refusing, unless it is unreasonable to do so.

How can you make a complaint about a breach of your privacy?

If you have any concerns or complaints about the handling or treatment of your personal information by Clarity, or if you believe that your privacy has been breached, please notify us immediately by contacting us by email at dataprotection@claritycp.com or by using the contact details below and setting out details of your complaint or concerns.

When we receive your complaint, we will investigate and endeavour to provide you with our response within a reasonable time of receiving your complaint.  If, after receiving our response, you still consider that your privacy complaint has not been resolved, you may refer your complaint to the Australian Privacy Commissioner at: http://ww.oaic.gov.au.

Contact Us

If you have any other questions about our privacy practices or this Privacy Policy, please contact us at dataprotection@claritycp.com

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