Equities First Holdings® (EFH) respects your privacy, and takes the responsibility of protecting the personal and business information that you provide to EFH via its website very seriously. To that end, EFH herein discloses its website privacy practices and the possible uses of the information that it gathers via its website. Please note that EFH may update this policy from time-to-time, and you should check this page periodically for changes. If changes are made, EFH will notify all users by stating the date the policy was updated on this page.
Your personal data – what is it?:
Personal data is any information that enables us to identify you, either directly or indirectly in conjunction with any other information we hold, by reference to an identifier such as name, address, date of birth or government identification number. Personal data can also be information about your actions and behaviour (for example, risk tolerance or transaction history).
The processing of personal data is governed by the General Data Protection Regulation 2016/679, as such regulation has been retained into, and may be subsequently amended by, English law following the exit of the UK from the European Union (the UK GDPR). The appropriate UK regulator overseeing these matters is the Information Commissioner’s Office (ICO).
Who are we?:
Equities First (London) Limited (EFL) is based in London, England and is a trading arm of Equities First Holdings, LLC (EFH) the latter being based in the United States of America. EFL is authorised and regulated by the UK Financial Conduct Authority (FRN: 605564) and is the data controller. This means that EFL decides and controls how personal data is processed, and for what purposes.
Data is shared with EFH in the USA in order for them to consider entering into a loan contract or other transactional agreement with you and due to the nature of their involvement EFH will also be a data controller with respect to your personal data. To ensure that your personal data is adequately protected when it is shared, we have put in place Standard Contractual Clauses on a form approved by the ICO that comply with English law on data transfers. For more information or to request a copy of the Standard Contractual Clauses, please contact the Data Protection Officer, Alan Pereira.
Or registered offices are located at The Prow, 1 Wilder Walk, London W1B 5AP. EFL is a limited company registered in England (Company No. 08120457).
How do we process your personal data?:
EFL complies with its obligations under the UK GDPR by keeping personal data up to date; by storing and destroying it securely; by not collecting or retaining excessive amounts of data; by protecting personal data from loss, misuse, unauthorised access and disclosure and by ensuring that appropriate technical measures are in place to protect personal data.
We will use your personal data for the following purposes:
- To confirm your identity
- To generate and administer your loan contract
- To respond to your questions and to provide customer services
- To detect and prevent fraud or any other financial crimes
- To monitor and protect the security of our information, systems, and network
- For internal business intelligence purposes, product enhancements, and developments
- To inform you of changes made to our services
- To conduct marketing and commercial activities
- To market relevant offers and promotions to you
What is the legal basis for processing your personal data?:
Under Article 6(1)(b) of the UK GDPR, the legal basis that EFL employs for processing your personal data is that processing of your personal data is necessary for the performance of a loan contract to which you, the ‘data subject’ is party, or in order to take steps at your request prior to entering into such a contract. We also process your personal data under Article 6(1)(f) of the UK GDPR where processing is necessary for the purposes of our legitimate commercial interests, except where such interests are overridden by your rights and interests.
Sharing your personal data:
Your personal data will be treated as being strictly confidential. We may share your personal data with the parties set out below to generate and administer your loan contract or for the purposes set out in this policy:
- EFH in the USA who are responsible for generating the documentation and relevant terms and conditions for any loans that might be provided to you.
- To the extent that you subscribe to the Corporate Governance Series of reports produced by EFH in partnership with Nasdaq Corporate Solutions International Limited (“Nasdaq”), in the USA who may, on the basis of your consent given when subscribing to the Corporate Governance Series of reports, contact you in connection with relevant services offered by the Nasdaq group which may be of interest.
- Companies that provide services to help us confirm your identity, meet our compliance and regulatory obligations, and to detect and prevent fraud or other financial crime.
- Our professional advisors such as auditors, accountants, lawyers, etc.
- Companies that provide services to help us with our business activities such as data storage, maintenance services, database management and payment processing.
- Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this policy.
We may also disclose your personal data as required by law, such as to comply with a subpoena, or a similar legal process, when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request, and to any other third party with your prior consent to do so, unless notification is prohibited by the applicable law.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
Where personal data is shared with a third party located in a country that has not received an adequacy decision issued by the UK government, we rely on appropriate safeguards, such as the implementation of Standard Contractual Clauses issued by the ICO, to permit such transfers.
All the personal data that we hold about you will be processed by our staff in the United Kingdom and the USA. Please be aware that your personal data will be stored on a cloud-based system whose servers are located within the European Union.
For how long do we keep 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, after which time it will be destroyed securely if it is no longer needed for the lawful purposes for which it was obtained. In some limited cases, it may be necessary to retain your personal data for longer if we need to hold it for liability claim purposes (e.g. if any complaints were to be made to the Financial Ombudsman Service), and for example to hold and provide to our regulatory body in the UK, the Financial Conduct Authority. If you consent to receive marketing from us, any information we use for this purpose will be held by us until such time as you notify us that you no longer wish to receive marketing information from us.
Your rights and your personal data:
Unless subject to an exemption under the UK GDPR, you may have the following rights with respect to your personal data:
- to request a copy of your personal data which EFL holds about you
- to request that EFL corrects any of your personal data if it is found to be inaccurate or out of date
- to request your personal data to be erased where it is no longer necessary for EFL to retain such data
- to withdraw your consent to the processing of your personal data at any time
- to request that EFL provides you with your personal data, and where possible, to transmit the data directly to another data controller (known as the right to data portability)
- where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing
- to object to the processing of your personal data with regards to Direct Marketing
- to lodge a complaint with the ICO
Access to your information and correction:
You have the right to request a copy of the information that we hold about you. If you would like a copy of all or some of your personal data, please email or write to us at the addresses provided in the “Who Are We?” section of this policy. In some exceptional cases, we may make a small charge for this service (for example multiple claims for the same information), but usually this data will be provided free of charge. We want to make sure that your personal data is accurate and up to date. You may ask us to correct or remove information you think is inaccurate.
We would like to send you information about products and services of ours and other companies within our group which may be of interest to you. If you have consented to receive marketing, you may opt out at a later date.
You have a right at any time to stop us from contacting you for marketing purposes or giving your information to other entities within our group. If you no longer wish to be contacted for marketing purposes, please email or write to us at the addresses provided in the ‘Who Are We?’ section of this policy.
Automated Decision Making:
We do not use automated decision making to segment and target product offers based on our customers’ demands and needs. For further details, you may contact our Data Protection Officer whose details are provided in the ‘Who Are We?’ section of this policy.
If we wish to use your personal data for a new purpose, not defined by this policy, then we will provide you with a new notice explaining this new use prior to the commencement of the new processing and setting out the relevant purposes and processing conditions. Where and whenever necessary, we will seek your prior consent to the new processing.
Privacy Policies Applicable to Specific Jurisdictions