Privacy Policy

1. Introduction
   All personal information collected or used by ESE Capital in connection with your relationship with ESE Capital as a customer or potential customer, including when you use our website ese-capital.com(“Website”), is governed by this privacy policy (“Privacy Policy”).ESE Capital are committed to protecting and respecting your privacy. This Privacy Policy provides details of how we look after your personal information and tells you about your privacy rights and how the law protects you.ESE Capital Ltd, a company registered in England and Wales under registration number 06208954, is the controller and responsible for your personal information (“ESE Capital”, “we”, “our” or “us”). We collect, store and use personal information in accordance with applicable data protection laws in the UK (including the General Data Protection Regulation).

   We may update and amend this Privacy Policy from time to time, and will notify you via our Website of any material changes.

   This Privacy Policy should be read together with any other privacy notice or fair processing notice we may provide on specific occasions where we are collecting or using personal information about you.

2.  How we collect and receive personal information

   We may collect and/or receive personal information from you when you:

• fill in forms on our Website, including when you register, create or modify an online or in-app account with us;
• communicate with us, such as by mail, telephone, email or through our website or using social media;
• use or access our Website; or
• respond to surveys or questionnaires we ask you to complete.

We may also collect your personal information from publicly available information such as information on third party websites or from our business partners.

3. What personal information do we collect about you?
The types of personal information we receive, store and use includes:

• your title, name, address, telephone numbers, email address and date of birth;
• your ESE Capital account information (including your ESE Capital username and password);
• your bank account details, online banking information, credit or debit card number and transaction and credit information;
• information about your interactions you may have with us and our staff, including interactions via email, telephone or through our Website; and
• information regarding experiences with our products, and contact preferences in order to provide you with further services or information about our products and services.

4. What happens if you do not provide us with the information we request?
   Where we need to collect personal information by law, or under the terms of a contract we have with you and you fail to provide that information when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with the products and services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
5. How we use personal information
   We use the personal information we collect and receive to help us understand your needs and to help us provide you with a better service. In particular, we collect, store and process your personal information for the following reasons:

• to provide our products and services to you;
• for purposes related to providing our products and services to you, including verifying and authenticating your identity, processing your payments, completing transactions and processing your purchasing requests;
• to provide special offers and other related services to you;
• to improve and tailor our products and services;
• for our own internal record-keeping requirements;
• to protect your account and prevent unauthorised access to your account;
• for marketing purposes, such as sending you email newsletters with our latest offers, information, promotions or products and services or other information we think you may find interesting or for customer satisfaction purposes in accordance with this Privacy Policy (see below); and
• for market research, analysis, testing, monitoring, risk management and administrative purposes.

6. Who do we share personal information with?We may disclose personal information we collect or receive:

• to companies within the ESE Capital group, partners and joint ventures and other companies under common control (collectively, “Affiliates”) for the purposes described in this Privacy Policy and always in accordance with the terms of this Privacy Policy;
• to third parties to provide a service to, or perform a function for, us or you or who are otherwise appointed by us in connection with the services we offer you including those who are acting as our agent or sub-contractor, including, without limitation, data processing service providers and our legal and professional advisors;
• to any third party which acts, from time to time, as ESE Capital’s principal for the purposes of regulation and authorisation under the Financial Conduct Authority;
• to any third party which acts, from time to time, as the depositary or custodian for any money which you deposit using the Website, or as custodian and holds the legal title to any share or instrument which you may invest in using the Website;
• to any third party which acts, from time to time, as the depositary or custodian for any money which you deposit using the Website, or as custodian and holds the legal title to any share or instrument which you may invest in using the Website;
• to any third party which acts, from time to time, as the payments processor for transactions carried out on or through the Website;
• to third parties in connection with a proposed or actual financing, securitization, insuring, merger, restructure, sale, acquisition, assignment or other disposal of all or part of our business or assets or the assets of any Affiliate or to anyone whom we may transfer our rights and/or obligations for the purposes of evaluating and performing the proposed transaction; and
• to third parties, including the Financial Conduct Authority, law enforcement officials, law courts and government and other regulatory authorities: (a) if we believe disclosure is required by any applicable law, regulation or legal process (such as to respond to subpoenas or judicial orders); or (b) to protect and defend our rights, or the rights or safety of third parties, including to defend against legal claims.

7. What legal basis do we have for using your personal information?We process your personal information:

• in order to perform the contract with you for the products and services we provide or to take steps at your request prior to entering into this contract;
• to comply with our legal and regulatory obligations;
• in order to pursue our legitimate interests to provide you with information that is relevant and appropriate to our customers, past customers and potential customers specifically to provide further products and services to you, and to improve and tailor our products and services; and
• on the basis of your consent, in order to provide you with marketing materials

8. Marketing CommunicationsFrom time to time we would like to contact you about products and services we can provide to you, by e-mail, text message and/or by calling you.During your ESE Capital account set-up process you will be able to opt in to receive marketing communications from us. You can change your marketing preferences at any time by contacting us at [email protected].9. Statistical information

   We may aggregate information about you with information about other users of our Website to create statistical data about users. This is statistical data that does not identify you and we may distribute any such aggregate information to third parties we work with.

   10. Third party links

   Our Website may contain links to enable you to visit third-party websites, mobile sites and mobile applications. Please note that we do not have any control over these third-party websites, mobile sites or mobile applications. Therefore, we are not responsible for the protection and privacy of any information that you provide whilst visiting such sites. When you leave our Website, we encourage you to read the privacy notice of every website, mobile site or mobile application that you visit.

   11. Data Storage

   Personal information we collect from you may be transferred to and stored in destinations outside the European Economic Area (“EEA”) and may be processed by staff operating outside the EEA in order for us to undertake payment processing and development of our platform. Countries outside the EEA (such as the United States of America) may not offer the same levels of data protection as the United Kingdom, but we will always require that appropriate safeguards are put in place to protect any information which is transferred or otherwise accessed outside the EEA. Please contact us at [email protected] if you would like to know further details about the safeguards we have put in place when transferring personal information outside the EEA.

   We will take all steps reasonably necessary to keep your personal information secure. You should be aware that transmission of information via the internet is not entirely secure and we cannot guarantee the security of any personal information you transmit to our Website via the internet.

   We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal or regulatory requirements. Details of the retention periods that apply to your personal information are available by contacting us at [email protected].

   12. What rights do you have in relation to the personal information we hold about you?

   Under data protection law, you have a number of rights in relation to your personal information. These are as follows:

• Right to be informed: you have the right to be provided with clear, transparent and easily understandable information about how we use your information and your rights. This is why we are providing you with the information in this Privacy Policy;
• Right of access: you have the right to obtain access to your information (if we are processing it), and certain other information (similar to that provided in this Privacy Policy);
• Right to rectification: you are entitled to have your information corrected if it is inaccurate or incomplete;
• Right to erasure: this enables you, in certain circumstances, to request the deletion or removal of your information where there is no justification for us to continue to use it;
• Right to restrict processing: you have the right, in certain circumstances, to prevent further use of your personal information. Where this applies, we can still store your information, but not use it further;
• Right to data portability: you have the right, in certain circumstances, to obtain and reuse your personal information for your own purposes with different service providers;
• Right to object to processing: you have the right to object to certain types of processing, including processing based on our legitimate interests and processing for direct marketing;
• Right to lodge a complaint: you have the right to lodge a complaint about the way we process your personal information with the Information Commissioner’s Office;
• Right to withdraw consent: if you have given your consent to any processing of your personal information that we undertake, you have the right to withdraw your consent at any time (although if you do so, this does not mean that any processing we have undertaken with your consent up to that point is unlawful). This includes your right to withdraw consent to us using your personal information for marketing purposes.

To exercise any of the rights above, or to ask a question, please contact us at [email protected].

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

13. Cookies

Cookies are small files placed on your device when you visit our Website. We use cookies to recognise you and your preferences, improve the performance of our Website, create statistical data and provide you with advertising about our products and services.

Cookies generally fall into one of the following categories:

• strictly necessary cookies which are cookies that are essential to allow you to use a website and its features;
• performance cookies which collect information about how visitors use a website to create aggregated, anonymous information that does not identify the visitor;
• functionality cookies which allow the website to remember you and provide a more personalised service; and
• targeting or advertising cookies which are used to deliver adverts relevant to you.

Our Website uses the following types of cookies: strictly necessary cookies, performance cookies, functionality cookies and targeting or advertising cookies. The details of these cookies are as follows:

Some of our cookies remain on your device between your browsing sessions.

Most web browsers automatically accept cookies. You can configure your web browser to accept or reject cookies, or to notify you when a cookie is set on your computer (check the ‘Help’ menu of your browser to learn how to change your cookie preferences). You can disable our cookies by changing the settings on your browser but doing so might mean you are unable to use certain features of our Website.

14. How to contact us

If you have any questions on the processing of your personal information, would like to exercise any of your rights, or are unhappy with how we have handled your personal information, please contact us at [email protected].

If you are not satisfied with our response to any complaint or believe our processing of your personal information does not comply with data protection law, you can make a complaint to the Information Commissioner’s Office (www.ico.org.uk), who are the UK’s supervisory authority for data protection issues.