Privacy + data protection

1 Introduction

1.1 FintechXndpr, Braithwate and HM (“we”, “us”, or “our”) are committed to respecting and protecting your privacy.

1.2 This Privacy Policy (the “Policy”) explains how we will collect, store and use any personal data you provide via our website, email or networking with our people and when you, or third parties who hold your data, otherwise communicate with us (including in the course of the legal services we provide or the running of our business).

1.3 Our details are as follows:

Data controller: Braithwate Ltd, 36 Spital Square, 3rd Floor, London, E1 6DY, United Kingdom

1.4 This Policy may change from time to time and, if it does, the up-to-date version will always be available on our website and becomes effective immediately.

1.5 Please take the time to read this Policy, which contains important information about the way in which we process personal data.

1.6 For the purposes of this Policy, "Data Protection Legislation" is defined as, for the periods in which they are in force and to the extent applicable to us, the General Data Protection Regulation (Regulation (EU) 2016/670) (“GDPR”), Data Protection Act 2018 (as amended from time to time), the UK legislation known as the "UK GDPR", any equivalent legislation amending, supplementing or replacing the GDPR and any other law applicable to us and otherwise relating to data protection.

2 Information we may collect about you

2.1 We may collect and process information about you and your personnel through various means, including:

(a) Details of your visit to our Site including, but not limited to:

(i) Traffic data
(ii) Location data and other communication data
(iii) The resources that you access

(b) Information that you provide when you make an enquiry with us. This information may include your:

(i) Name and Contact Details (such as your address, telephone number, and email address)
(ii) Any messages or content you submit or choose to provide.

2.2 The personal data you give to us may include:

Your name, title and contact information, including telephone number, postal address and email address
Information relating to your location, preferences and / or interests
The content of any enquiry submitted over our website, during an online event or via any of our social media accounts
Survey responses and feedback
Any other personal data we collect (such as the client reference number which may be assigned to you) in the context of our work for our clients or in the course of operating our business.

2.3 Each time you visit our website or use one of our services, we may automatically collect the following information:

Web usage information (e.g. IP address), your login information, browser type and version, time zone setting, operating system and platform.
Information about your visit, including the full Uniform Resource Locators (URLs) clickstream to, through and from our website (including date and time); time on page, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks and mouse-overs).
Location, device and demographic information (Google Analytics provides age range and gender information).

2.4 We may ask you for information when you report a problem with our website, apps or other digital services.

2.5 If you contact us, we may keep a record of that correspondence.

2.6 The personal data described above may relate to any of the following categories of person:

Our clients and clients’ personnel
Our current and former employees, partners, consultants and any other person employed by us
Third parties with whom we have contact by virtue of providing our services
Our contacts at our ‘FXp ecosystem’ or referrers, professional advisors or others with whom we work in the context of our services
Our prospective target clients
Our contractors and suppliers
Those who submit enquiries through our website

3 Cookies

3.1 Our website, apps and other digital services use cookies to distinguish you from other users, to improve your experience on our website, apps and other digital services and where applicable, to recommend content that may be of interest to you.

4 How we use your information

4.1 We may use your information for the following purposes:

To respond to any query that you may submit to us
To manage our relationship with you (and/or your business), including by maintaining our database of clients and other third parties for administration, and accounting and relationship management purposes
To complete our contractual obligations to you, or otherwise taking steps as described in our engagement terms and/or our Terms of Business (including any associated administration)
To carry out any relevant conflict checks, anti-money laundering and sanctions checks and fulfilling our obligations under any relevant anti-money laundering law or regulation (including under The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017)
To verify your identity using electronic verification from time to time. Any personal data received from you for the specific purpose of proving your identity will be processed only for the purposes of preventing money laundering or terrorist financing (as detailed above), unless any additional use is permitted by law or you consent to us using it for a different purpose
To send you or email or post any relevant information on our services and to invite you to events and networking opportunities that may be of interest to you (such as our email briefings, podcasts and other news) using the email and/or postal address which you have provided, but only if you have given us your consent to do so or we are otherwise able to do so in accordance with applicable Data Protection Legislation
To manage and administer any events (either virtual or in person) hosted or sponsored by us, including managing your communication preferences, for example, if you opt out from our mailings, to operate suppression lists to ensure that you do not receive marketing communications from us
To manage and administer our supplier and other third-party relationships and to comply with our contractual and legal obligations pursuant to those relationships
To ensure that our website, apps and digital service’s content is presented in the most effective manner for you and your device
To customise our website, apps and other digital services according to your interests
To administer our website, apps and other digital services and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey responses;
To allow you to participate in interactive features on our website, apps and other digital services when you choose to do so
As part of our efforts to keep our website, apps and other digital services safe and secure
To measure or understand the effectiveness of advertising we send to you and others, and to deliver relevant advertising to you
To ensure we appropriately administer any attendance/visits to our offices
To comply with any other professional, legal and regulatory obligations which apply to us or policies or procedures that we have in place (including procedures by which we use software tools to review and access information stored on our system in order to assess, verify or otherwise process the personal data we hold)
As we feel is necessary to prevent illegal activity or to protect our interests.

5 Legal grounds for processing your information

5.1 We will rely on the following legal bases under Data Protection Legislation for processing your personal data:

Performance of, or entry into, a contract. The personal data that we are required to collect in order to comply with any other professional, legal and regulatory obligations which apply to us must be provided to us in order for us to perform this contract - we would not be able to act for you without this personal data.
Compliance with a legal obligation to which we are subject (including if we are under a statutory or equivalent obligation to disclose contact details to public health authorities).
We have a legitimate interest in doing so as a professional services provider (and where our legitimate interests are not overridden by your (or the relevant individual's) own interests or fundamental rights or freedoms). These legitimate interests will include our interests in managing our relationship with our people, clients, prospective clients, suppliers and their contact personnel, administering visitors to and maintaining the security of our offices and our IT systems and network, administering events hosted by us and ascertaining achievement of proper standards/ compliance with policies, practices or procedures and/or fulfil our collective responsibilities in relation to public health track and trace efforts.
Where processing of ‘special category data’ is necessary in the context of the establishment, exercise or defence of legal claims or where another legal ground other than explicit consent is available to us under Data Protection Legislation; or
In certain circumstances, such as those described in paragraph 4.1(e) above or where we need to process ‘special category data’ in the context of our legal work but outside the scope of paragraph 5.1(d) above, where we have obtained your express / explicit consent to do so. As we will explain at the time we collect your consent, you may withdraw it at any time in accordance with the information we provide to you at that time.

6 Sharing your information

6.1 We may share your details with carefully selected third parties. These may include service providers, support services, and organisations that help us to market our services and third parties instructed to enable us to fulfil our contractual obligations to you and/or our clients in the course of business.

6.2 We may share personal data internally between our subsidiaries and affiliated entities when providing services or as necessary to fulfil our obligations under Data Protection Legislation.

6.3 If we share your information with third parties they will process your information as either a data controller or as our data processor and this will depend on the purposes of our sharing your personal data. We will only share your personal data in compliance with Data Protection Legislation.

6.4 We may disclose your information to third parties when:

You specifically request this or it is necessary to provide our professional services to you
We feel other companies’ products and services may interest you
In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets
If our website apps or other digital services or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets
It is necessary to administer and manage any events that you are invited to and/or attend and/or participate in that is either hosted at one of our offices, virtually or elsewhere; or
If we are under a duty to disclose or share your personal data in order to comply with any obligation or to protect the rights, property or safety of our website, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

6.5 The third parties include:

Our partners in the FXp Ecosystem, for services specifically requested by you
Our auditors, including external accreditation bodies
Our regulators
Law enforcement and governmental (e.g. public health) authorities, the courts and other regulatory bodies as may be permitted or required by applicable law (in which case we will notify you, unless we are prohibited from doing so or it is not possible or reasonable to do so)
Analytics and search engine providers that assist us in the improvement and optimisation of our website, apps and other digital services
Any third party you ask us to share your data with

6.6 Our website may, from time to time, contain links to and from the websites of advertisers and partners. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

6.7 We will not rent or sell our users’ or other contacts’ details to any other organisation or individual.

7 Storage and retention of your personal data

7.1 We follow strict security procedures as to how your personal information is stored and used, and who sees it, to help stop any unauthorised person getting hold of it. We have implemented appropriate technical, physical and organisational security measures. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access. Unfortunately, the transmission of information via the internet is not completely secure and although we do our best to protect your personal data, we cannot absolutely guarantee the security of your data.

7.2 We will keep your information stored on our systems for as long as it takes to provide the services to you and in accordance with our Terms of Business. We may keep your data for longer than our stated retention period if we cannot delete it for legal, regulatory or technical reasons. We may also keep it for research and development, preventing conflicts of interests or statistical purposes. If we do, we will ensure that appropriate safeguards are in place to protect your privacy and only used for those purposes.

7.3 Any contact details stored on our client relationship management database will be removed from our mailing lists if they do not interact with our emails (i.e. open emails or click on links within them) for a certain period following which they will be moved to an archive folder before being deleted permanently.

7.4 The third parties we engage to provide services on our behalf will keep your data stored on their systems for as long as is necessary to provide the services to you.

7.5 We will, subject to paragraph 7.2, not store your information for longer than is reasonably necessary or as required by law or by our regulator, or to assert or defend against legal claims.

8 Sending your information overseas

8.1 From time to time, we may need to disclose your personal data outside the United Kingdom for the purpose of our business processes and for the purpose of providing our services. Where we transfer personal data between our affiliates and partners, we will comply with any transfer requirements applicable under Data Protection Legislation.

8.2 If we need to share your personal data with any other recipient outside the United Kingdom we will ensure we do so in compliance with Data Protection Legislation, including, where applicable, by ensuring that the transfer is necessary to perform a contract in place with you or a contract entered into in your interests. As part of this, we will ensure we have a set of approved UK standard contractual clauses (or other approved protection mechanism) in place with that third party.

8.3 Our people may access our systems remotely when working within or outside of the UK. Where they do so, they are required to use our systems and access any personal data in accordance with all the usual policies and procedures.

9 Use of AI

9.1 As part of our commitment to providing efficient and innovative service, we are exploring the use of generative artificial intelligence tools. These tools can assist us in various aspects of our services and solutions work, including assisting with the drafting of documents and notes, summarising regulatory information, and analysing data. Our adoption of generative AI aims to enhance client service delivery and to meet the evolving requirements of our clients.

9.2 We rely on legitimate interest as our lawful basis should we process any personal data, either directly or incidentally, through our use of permitted generative AI tools either in the course of the delivery of our legal services or the operation of our business. Any retained outputs generated by AI tools will be reviewed and verified for accuracy.

9.3 We commit periodically to reviewing our generative AI practices to ensure these (and any emerging) risks are monitored.

10 Withdrawal of consent

10.1 Where we process your personal data we do so on the basis that you have provided your consent for us to do so for the purposes set out in this Policy when you submitted your personal data to us. You may withdraw your consent to this processing at any time by contacting us at uk@fintechxpndr.com.

10.2 If you do withdraw your consent, we may still be able to process some of the data that you have provided to us on other grounds and will notify you of these at such time.

11 Your information rights

11.1 Data Protection Legislation gives you the right to access information held about you. You are entitled to be told by us whether we or someone else on our behalf is processing your personal information; what personal information we hold; details of the purposes for the processing of your personal information; and details of any third party with whom your personal information has been shared.

11.2 You can access the personal information we hold on you by writing to us at: uk@fintechxpndr.com.

11.3 We will ask you to provide certified copy proof of identity before we show you your personal information – this is so we can prevent unauthorised access.

11.4 You will not usually have to pay a fee to access your personal information (or to exercise any of the other rights). However, in the event that an access request is unfounded, excessive or especially repetitive, we may charge a ‘reasonable fee’ for meeting that request. Alternatively, we may refuse to comply with your request in such circumstances. Similarly, we may charge a reasonable fee to comply with requests for further copies of the same information. (That fee will be based upon the administrative costs of providing the information).

11.5 You have the additional rights to request rectification and erasure of your personal data and to request restriction of, and to otherwise object to, our processing of your personal data and you can exercise these rights at any time by contacting us at uk@fintechxpndr.com.

11.6 You are also entitled to receive the personal data that you have provided to us in a structured, commonly used and machine-readable format, and to transmit that data to another data controller. You can exercise this by contacting us at uk@fintechxpndr.com.

12 Complaints

12.1 If you consent to us contacting you, we will always aim to be respectful, relevant and appropriate. If at any time you do not think that we have complied with this, please contact us straight away to let us know.

12.2 You also have the right to make a complaint to the UK's data protection regulator, the Information Commissioner’s Office (ICO). For more details please visit the ICO website.

13 Contact

Questions, comments and requests regarding this policy can be addressed to uk@fintechxpndr.com.