Purpose of the privacy notice
This Privacy Notice explains how NRG Capital Partners (the “Company” or “NRG”) processes personal information about its clients. This Privacy Notice includes information about your data protection rights, including a right to object to certain processing.
This Privacy Notice takes effect on 25 May 2018.
When does this Privacy Notice apply to you?
This policy applies to you if you are a person associated with a corporate client of the Company.
The contact details for the data controllers on this Privacy Notice are:
NRG Capital Partners Ltd
24 Old Queen Street
SW1H 9HP London
Personal Information that Company holds; from where the Personal Information was obtained; and with whom the Personal Information is shared
The types of personal information that we may collect, store and use about clients include records relating to clients’ management teams’ and directors’
- Birthday and Place of birth;
- National identity number;
- Passport number and passport picture.
We process information that you provide us directly and information we learn about you from our communications and dealings with you. We also obtain some information about you from others, as set out below:
- The clients provide or we gather before or during the provision of corporate finance services to the clients;
- is in the public domain.
We disclose your personal information to others as follows
- in case of threatened or filed litigation, NRG may process and exchange personal data with management and counsel;
- if false or inaccurate information is provided or in case of a criminal or money laundering investigation, NRG may cooperate with authorities and process and disclose personal data to any government, judicial body, or regulatory body of which NRG is a member or is subject to that body’s jurisdiction or rules;
- we will also disclose your information to our insurers, sub-contractors and persons acting as our agents who have agreed to keep your information strictly confidential; and if we are required or permitted to do so by applicable law, including to authorities;
- with management and counsel as required in order to establish, exercise or defend or to protect legal claims, including in relation to our contracts with our clients and in order to protect the rights, property, or safety of us, our business, our clients or others including to legal, tax or other professional advisors, government and law enforcement authorities and with other parties involved in, or contemplating, legal proceedings;
- to any competent regulatory, prosecuting, tax or governmental authorities, courts or other tribunals in any jurisdiction: (i) for or in connection with an examination of us by bank or other examiners; (ii) pursuant to subpoena or other legal process; (iii) at the express direction of any other authorised government agency; (iv) to our internal or external attorneys or auditors; (v) to others to whom we are required to make such disclosure by applicable law; and
- to third parties in connection with a change of ownership in NRG or any of its assets.
NRG does not transfer your personal information outside the UK.
Lawful basis for processing
Where we are required by law (“Legal Obligation”):
- To disclose information to governmental entities or regulatory authorities, financial markets, brokers or other intermediaries or counterparties, courts or other parties.
- To conduct compliance activities such as audit and reporting, assessing and managing risk, maintenance of accounting and tax records, the prevention and prosecution of fraud, anti-money laundering (AML) and other forms of crime, debt recovery, prevention and measures relating to sanctions, anti-terrorism laws and regulations. This includes know your customer screening (which involves identity checks and verifying address and contact details); screening of politically exposed persons (which involves screening client records against internal and external databases to establish connections to politically exposed persons or ‘PEPs’); sanctions screening (which involves the screening of clients details against published sanctions lists) as part of client due diligence and onboarding.
You can ask us to: (a) provide a copy of your personal information; (b) correct your personal information; (c) erase your personal information; (d) transfer your personal information to other organisations; and (e) restrict processing of your personal information. You can also object to some processing of your personal information, including in relation to direct marketing and where we process your information because this is in our legitimate interests (see Section 5.1). These rights may be limited in some situations; for example, where we are required to process your personal information by law.
Automated decision taking and profiling: All our decisions are conducted and/or checked by persons. We do not use any fully automated decision-making in providing services to you.
If you wish to exercise these rights or if you have any queries about your personal information, please contact the NRG Contact using the contact details in Section 3 above. If you have unresolved concerns you have the right to complain to the relevant data protection authorities. The Company will rectify any personal information that is inaccurate or incomplete.
Data retention period
Where we process personal data in connection with performing an agreement we have with you or our client, we keep your personal data for as long as is required in order to fulfil our contractual obligations to you or our clients and for a prudential term thereafter, reflecting the statutory limitation period (or ‘statute of limitations’) under the law governing that contract or transaction.
Where we process personal data in connection with a legal obligation (for example for AML purposes) such personal data will be kept for as long as is required under applicable law.
Where we process personal data solely with your consent, we process the personal data until you ask us to stop, and for a reasonable period for completion of any pending transactions upon your request.
Changes to the Privacy Notice
If we modify this Privacy Notice at any time we will place the modified versions on the Company website. We encourage you to regularly review this Privacy Notice to ensure that you are always aware of what personal information we collect and how we use, store and disclose.