Privacy Policy

Welcome to the Privacy Statement (also referred to as “Privacy Notice” and “Policy”) of CQRS Limited. CQRS Limited is a company registered in England and Wales under registration number 08521440 whose registered address is 14a High Street, Wendover, Bucks HP2 6EA, UK. CQRS Limited is authorised and regulated by the Financial Conduct Authority, Firm Reference Number 764618.

CQRS Limited is committed to protecting and respecting your privacy and where relevant, assisting you to respect and protect the privacy of your clients and contacts.

The General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”) provides a legal framework that sets guidelines for the collection and processing of personal information of individuals within the European Union. As a CQRS Limited client or contact, please be assured that all reasonable measures are being, and continue to be, taken to ensure the security of any personal data that CQRS Limited holds or processes on your behalf.

CQRS Limited (which is also referred to in this Policy as “CQRS” and “we”, “us” and “our”) respects your privacy and is committed to protecting your personal data.

This Policy (together with our engagement terms and similar agreements and any other documents referred to in any of those documents, together our “Terms”) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By working with us or visiting www.cqrslimited.com you are accepting and consenting to the practices described in this policy.

This Privacy Notice informs you as to how we look after your personal data when you visit our website (regardless of where you visit it from) or use our services and tells you about your privacy rights and how the law protects you. Nothing in our Terms will be construed as placing an obligation on us that we are not by law obliged to accept (and any such provision shall be construed as a statement of current intent by us but does not create a binding obligation on us). If and to the extent that any provision of our Terms contradicts applicable law, the applicable law shall apply.

1 IMPORTANT INFORMATION AND WHO WE ARE

PURPOSE OF THIS PRIVACY NOTICE

1.1 This Privacy Notice aims to give you information on how CQRS collects, holds and processes your personal data through your use of our website and services. Please note that we may collect data in our capacity as a “Data Controller” and we may also act as a “Data Processor” for certain of our clients and contacts.

1.2 Our services are not intended for children and we do not knowingly collect data relating to children.

1.3 It is important that you read this Privacy Notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This Privacy Notice supplements the other notices and is not intended to override them.

CONTROLLER AND PROCESSOR

1.4 CQRS is the controller and responsible for your personal data to the extent that it collects personal data directly from you however we are the data processor in respect of data that you collect using our applications. Please see section 10 which addresses your responsibilities as a data controller.

1.5 We have appointed a Data Protection Officer who is responsible for overseeing questions in relation to this Privacy Notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below.

CONTACT DETAILS

1.6 Our full details are:

Full name of legal entity: CQRS Limited

Title of Data Protection Officer: Data Protection Officer

Email address: jacques@cqrslimited.com

Postal address: 14a High Street, Wendover, Bucks HP22 6EA

1.7 You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would hope, however, that we could satisfactorily address any concerns you may have so please do contact us in the first instance.

CHANGES TO THE PRIVACY NOTICE AND YOUR DUTY TO INFORM US OF CHANGES

1.8 This version of our Privacy Notice was last updated on 21 May 2018, and historic versions are archived and may be obtained by contacting us. We may update this Policy from time to time, whilst we may take steps to notify you of changes it is your responsibility to ensure that you are familiar with our current policies as amended.

1.9 It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us. THIRD-PARTY LINKS

1.10 The CQRS website and our applications may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data. We do not control these third-party websites and are not responsible for their privacy statements.

2 THE DATA WE COLLECT ABOUT YOU

2.1 Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). Personal data is defined by the ICO (Information Commissioner’s Office in England) as follows:

“The GDPR applies to ‘personal data’ meaning any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier. This definition provides for a wide range of personal identifiers to constitute personal data, including name, identification number, location data or online identifier, reflecting changes in technology and the way organisations collect information about people. The GDPR applies to both automated personal data and to manual filing systems where personal data are accessible according to specific criteria. This could include chronologically ordered sets of manual records containing personal data. Personal data that has been pseudonymised – eg key-coded – can fall within the scope of the GDPR depending on how difficult it is to attribute the pseudonym to a particular individual.”

Source: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/key-definitions/

2.2 We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

2.2.1 Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender;

2.2.2 Contact Data includes billing address, delivery address, email address, log in details for your accounts and telephone numbers;

2.2.3 Financial Data includes details about your investment appetite and information about your level of sophistication and the types of investments you prefer;

2.2.4 Transaction Data includes details about investment you have made;

2.2.5 Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website or your accounts;

2.2.6 Profile Data includes your username and password for our website and events you have attended or communications to which you have responded;

2.2.7 Usage Data includes information about how you use our website and services;

2.2.8 Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

2.3 We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from many users’ (including your own) personal data but is processed and stored so that it is anonymous data and is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used and stored in accordance with this Privacy Notice but shall not be shared.

2.4 Except to the extent necessary to provide services to you (and provided to us by you or your staff, clients or contacts or from public data sources) we do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor, except to the extent required by law of applicable regulatory authority (which may include the Financial Conduct Authority) do we collect any information about criminal convictions and offences.

IF YOU FAIL TO PROVIDE PERSONAL DATA

2.5 Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are seeking to enter into with you (for example, to provide you with goods or 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. You will remain responsible for all costs incurred by us in our reasonably relying on you providing the relevant information.

3 HOW IS YOUR PERSONAL DATA COLLECTED?

3.1 We use different methods to collect data from and about you including through:

3.1.1 Direct interactions. You may give us personal information (including identity, contact and financial data) by filling in forms, using our applications or otherwise by corresponding with us through electronic or other media (including by post, ‘phone, email or otherwise). This includes personal data you provide when you are:

3.1.1.1 applying for information about investment opportunities;

3.1.1.2 providing information about securities in a company with which you are affiliated or a business, service or product with which we are engaged directly or by or through a company with which you are affiliated;

3.1.1.3 subscribing to our service or publications;

3.1.1.4 requesting materials be sent to you; or

3.1.1.5 giving us feedback.

3.1.2 Automated technologies or interactions. As you interact with our website or call us on the telephone we may record the content of those communications and we may also automatically collect Technical Data about your equipment, contact details, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies.

3.1.3 Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources, including public registers.

4 HOW WE USE YOUR PERSONAL DATA

4.1 We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

4.1.1 where we are seeking to perform the contract we are about to enter into or have entered into with you;

4.1.2 where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; or

4.1.3 where we need to comply with a legal or regulatory obligation.

4.2 Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA

4.3 We have set out below, in a table format, a description of the main ways we plan to use your personal data and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. Please note that this table is illustrative and not exclusive.

4.4 Note that we may process your personal data on more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest To register you as a new client or contact (a) Identity (b) Contact Performance of a contract with you To process and fulfil the provision of services to you including: (a) facilitating subscription payments (b) collecting and recovering money owed to us (c) making introductions (a) Identity (b) Contact (c) Financial (d) Transaction (e) Marketing and Communications (a) Performance of a contract with you (b) Necessary for our legitimate interests (to recover debts due to us) To manage our relationship with you which will include: (a) notifying you about changes to our Terms or Privacy Policy (b) contacting you to update your preferences (a) Identity (b) Contact (c) Profile (d) Marketing and Communications (a) Performance of a contract with you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services) To administer and protect our business, services for clients and contacts; and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) (a) Identity (b) Contact (c) Technical (a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) (b) Necessary to comply with a legal obligation To deliver relevant website content to you and measure or understand the effectiveness of communications we have with you (a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (f) Technical Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy) To use data analytics to improve our website, products/services, marketing, client and contact relationships and experiences (a) Technical (b) Usage Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy) To make suggestions and recommendations to you, as agreed, about services that may be of interest to you (a) Identity (b) Contact (c) Technical (d) Usage (e) Profile Necessary for our legitimate interests (to develop our products/services and grow our business)

MARKETING

4.5 We strive to provide you with choices regarding certain personal data uses, particularly around marketing.

4.6 We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you, as relevant. This is how we decide which services, including introductions and referrals, may be relevant for you (we call this marketing).

4.7 You may receive marketing communications from us (and we may send this on behalf of selected clients) if you have requested information from us or participated in services from us or our clients and have, in each case, not opted out of receiving that marketing.

THIRD-PARTY MARKETING

4.8 We will seek your express opt-in consent before we share your personal data with any company outside the CQRS group of companies for marketing purposes.

OPTING OUT

4.9 You can ask us to stop sending you marketing messages at any time by contacting us. We will also, if you request us to do so, notify any third party with whom we have shared your personal data in accordance with section 4.8 that you wish to withdraw your consent to that third party using your data and that that third party should therefore stop using such of your personal data as we supplied to it.

4.10 Where you opt out of receiving marketing messages, this will not operate to prevent our subsequent use of your personal data in connection with subsequent communications in relation to a product/service that you have expressly enquired about or in relation to a contract into which you have entered.

COOKIES

4.11 You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies connected with the CQRS website, please note that some parts of the website may become inaccessible or not function properly.

CHANGE OF PURPOSE

4.12 We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to obtain an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

4.13 If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

4.14 Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5 DISCLOSURES OF YOUR PERSONAL DATA

5.1 We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above:

5.1.1 where applicable, those of our Clients with whom you express an interest in engaging;

5.1.2 agents where we consider that it is necessary to provide such information to provide services to you or to protect the health, safety or well-being of any individual; and

5.1.3 third parties as set out in Section 10.

5.2 We may disclose personal information to 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 Privacy Notice.

5.3 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.

6 INTERNATIONAL TRANSFERS

6.1 We do not expect to transfer your personal data outside the European Economic Area (EEA). If and to the extent that your data is transferred by us outside the EEA we shall use our reasonable endeavours to ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

6.1.1 It is transferred to a country that has been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.

6.1.2 We have implemented a specific contract approved by the European Commission which gives personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.

6.1.3 If we transfer it to providers based in the US, we may transfer data if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.

6.2 Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

7 DATA SECURITY

7.1 We have sought to put in place appropriate security measures designed to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we have limited access to your personal data to those employees, agents, contractors and other third parties who have a legitimate business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

7.2 We have put in place procedures designed to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

7.3 If these data security measures and policies appear to us to have failed we shall notify you accordingly and take such reasonable action as we are able to limit any loss to you.

8 DATA RETENTION

HOW LONG WILL YOU USE MY PERSONAL DATA FOR?

8.1 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, regulatory, accounting, or reporting requirements. These may require us to retain your personal data for many years.

8.2 To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal and regulatory requirements.

8.3 Details of retention periods for different aspects of your personal data are available on request.

8.4 In some circumstances you may ask us to delete your data: see section 11.8.3 below for further information.

8.5 In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

9 YOUR LEGAL RIGHTS

9.1 Under certain circumstances, you have rights under data protection laws in relation to your personal data. These are explained in this and the following section (see in particular section 10.8).

9.2 If you wish to exercise any of the rights referred to above, please contact us.

NO FEE USUALLY REQUIRED

9.3 You will not have to pay a fee to access your personal data (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.

WHAT WE MAY NEED FROM YOU

9.4 We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

TIME LIMIT TO RESPOND

9.5 We seek to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

10 YOUR RESPONSIBILITIES

10.1 This section 10 assists you to understand your duties under the GDPR.

10.2 Under the GDPR, the data protection principles set out the main responsibilities for organisations. Article 5 of the GDPR requires that personal data shall be:

10.2.1 processed lawfully, fairly and in a transparent manner in relation to individuals;

10.2.2 collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes;

10.2.3 adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;

10.2.4 accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;

10.2.5 kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of individuals; and

10.2.6 processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures. Source: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/principles/

10.3 The lawful bases for processing are set out in Article 6 of the GDPR which states that at least one of these must apply whenever we process personal data, as follows:

10.3.1 Consent: you have given clear consent for CQRS to process your personal data for a specific purpose;

10.3.2 Contract: the processing is necessary for a contract CQRS has with the you, or because you have asked CQRS to take specific steps before entering into a contract;

10.3.3 Legal obligation: the processing is necessary for CQRS to comply with the law (not including contractual obligations);

10.3.4 Vital interests: the processing is necessary to protect someone’s life;

10.3.5 Public task: the processing is necessary for CQRS to perform a task in the public interest or for our official functions, and the task or function has a clear basis in law;

10.3.6 Legitimate interests: the processing is necessary for CQRS’s legitimate interests or the legitimate interests of a third party unless there is a good reason to protect your personal data which overrides those legitimate interests. Source: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/lawful-basis-for-processing/

DATA PROCESSOR & DATA CONTROLLER – DEFINITION OF RESPONSIBILITIES

10.4 Where relevant and subject to the definitions set out in section 10.5, below, it is important to be clear that from a data protection perspective CQRS does not define any purpose of why personal data that you may collect, using our services, is being processed. Your purpose of processing personal data is solely defined by you, our client or contact, in which case you are acting as a “Data Controller”. In these circumstances CQRS acts as “Data Processor” for our clients and contacts.

DEFINING DATA CONTROLLER, DATA PROCESSOR AND PROCESSING

10.5 The following definitions are intended to assist you:

Data Controller: a person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be processed.

Data Processor: in relation to personal data, means any person (other than an employee of the data controller) who processes the data on behalf of the data controller.

Processing: in relation to information or data means obtaining, recording or holding the information or data or carrying out any operation or set of operations on the information or data, including: a) organisation, adaptation or alteration of the information or data; b) retrieval, consultation or use of the information or data; c) disclosure of the information or data by transmission, dissemination or otherwise making available, or Data controllers and data processors ; d) alignment, combination, blocking, erasure or destruction of the information or data. Source: https://ico.org.uk/media/for-organisations/documents/1546/data-controllers-and-data-processors-dp-guidance.pdf

IF CQRS IS GDPR COMPLIANT ARE ITS CLIENTS AND CONTACTS AUTOMATICALLY COMPLIANT TOO?

10.6 Unfortunately, just because CQRS is GDPR compliant does not mean that its clients and contacts are also GDPR compliant. GDPR splits organisations into Data Processors and Data Controllers. If CQRS is acting as your data processor then you (as Data Controller) must determine the means and purposes of collecting personal data. In these circumstances CQRS in its capacity as a Data Processor is responsible for processing that data on behalf of the Data Controller.

10.7 There are some specific obligations that relate to each type of organisation under GDPR (see below). CQRS has implemented policies designed to ensure that we meet the Data Processor obligations, however that does not mean that you meet all the requirements of being a Data Controller. Your responsibilities as a Data Controller

10.8 CQRS cannot provide advice about how you, as a Data Controller implement GDPR but suggests you review the information on the Information Commissioner’s Office (ICO) website. Their section on GDPR, including a self-assessment check list, can be found here: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/

OUR RESPONSIBILITIES AS A DATA PROCESSOR

10.9 As a Data Processor and where relevant, CQRS is responsible for processing your client’s personal information on your behalf to deliver the services and benefits we have agreed to provide to you, subject always however to compliance with the law.

10.10 We take our responsibility as a Data Processor very seriously and only process personal information as instructed by our clients and contacts, when they are acting as a Data Controller. As such we may update our service agreements to seek to maintain industry standards.

10.10.1 Information we collect: We collect information which you provide directly to us when you use our systems. The types of personal information we may collect from you about your clients or your personnel, could include email addresses, location addresses, phone numbers, transaction information, job titles, and other details as well as communications, enquiries or other information that you choose to provide. If and where relevant, you provide CQRS with personal information about your clients or personnel we will only use that information in accordance with your specific instructions regarding the services CQRS is providing you. If you believe that one of your contacts has provided us with personal information and you would like to request that it be removed from our database, please contact us.

10.11 Information we use: We may use information that we collect from you for a range of purposes, including to: o administer, operate and protect your CQRS system, including Apps and other additional Services; o process and complete transactions and send related information, including transaction confirmations and invoices; o manage and improve your use of your CQRS systems, services and websites; o help deliver required support services to CQRS users; o respond to enquiries and requests and to provide you with information and access to resources that you have requested; o analyse and aggregate your use of the CQRS systems, services and websites for trend monitoring, business development analysis and security purposes; o send you technical alerts, updates, security notifications and administrative communications.

WHAT HAPPENS TO THAT INFORMATION

10.12 Any personal data that is accessed by our support or engineer teams, at your request, is deleted after a specific enquiry or support ‘ticket’ has been closed. No personal data is allowed to be kept on an individual’s machine, transferred to another server, or removed from the official premises owned and managed by CQRS. Our support teams and engineers may be outside the European Union. Support may be provided at your request from within the European Union (so that personal information is retained within the European Union) at additional cost. If you require this, please contact us.

DATA STORAGE, SECURITY & ACCESS

10.13 CQRS’s software platforms are SaaS products operating from within the cloud. We use Microsoft and Google systems and may also use Dropbox or similar services. All our client and contact data is held in secure, partitioned, server environments located within the EEA. Information can only be accessed by you, our client or contact, using a secure HTTPS protocol. All CQRS software users should have secure, non-guessable usernames and password combinations. One client or contact is unable to access the secure server environment that has been assigned to another client or contact.

10.14 CQRS reserves the right to access client or contact data for the purposes of efficient and effective support – including answering specific questions posed to our support team by you. Every member of CQRS is fully aware about GDPR and its implications for us as a Data Processor. All systems access is time limited and logged and access is only given to named CQRS employees who are specified as being ‘on duty’ at the specific time a client or contact request is made.

10.15 Keeping your information, and your clients’ information, secure is important to us. We maintain a variety of appropriate technical and organisational safeguards permitted by the Data Protection Legislation to protect personal information during transmission and once it is received. All reasonable precautions have been put in place to ensure that our client and contact data is only accessed by trained personnel for the purposes of dealing with any specific issues raised by you or your representative. Under no circumstances are non-authorised personnel able to access, view or transfer any personal information.

DATA RETENTION

10.16 We will retain personal information for no longer than is necessary to fulfil the purposes for which the information was originally collected, unless a longer retention period is required or permitted by law for legal, tax or regulatory reasons, or other legitimate and lawful business purposes. Where we have no ongoing legitimate business need to hold or process personal information, we will (unless otherwise required or permitted by law) either delete or anonymise it.

DATA TRANSFERS

10.17 To provide contracted services to CQRS clients and contacts we may need to use third-party services (supplied by data centers, geo-service providers, etc.) that in some cases will involve the transfer of personal data. As a Data Processor, we are obliged to secure permission to engage with third-party sub-processers and share personal information on our clients’ and contacts’ behalf. Any such data transfers and subsequent processing will be subject to all appropriate safeguards which are in place to ensure that personal information remains protected in accordance with this Notice and applicable laws.

11 GLOSSARY

LAWFUL BASIS

11.1 Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law or regulation). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

11.2 Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

11.3 Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

THIRD PARTIES

11.4 Service providers such as Microsoft, Google and Dropbox and BQuService (which is based in Sri Lanka and provides us with IT and system administration services).

11.5 Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services, together with sector specialists providing technical advice and assistance to CQRS in support of its services to clients and contacts.

11.6 HM Revenue & Customs and other competent regulators and authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.

11.7 Where relevant, clients in whom you indicate an interest.

LEGAL RIGHTS

11.8 As set out in the GDPR, individuals have the right to:

11.8.1 Request access to personal data (commonly known as a “data subject access request”). This enables individuals to receive a copy of the personal data held about them and to check that it is being lawfully processed.

11.8.2 Request correction of the personal data held. This enables individuals to have any incomplete or inaccurate data held about them corrected, though the data controller may need to verify the accuracy of the new data provided.

11.8.3 Request erasure of personal data. This enables individuals to ask for their personal data to be deleted or removed where there is no good reason for an entity continuing to process it. Individuals also have the right to ask for personal data to be deleted or removed where they have successfully exercised their right to object to processing (see below), where the data controller may have processed their information unlawfully or where it is required to erase personal data to comply with local law. Note, however, that it may not always be possible to comply with a request of erasure for specific legal reasons (which must then be notified), if applicable, at the time of the request.

11.8.4 Object to processing of personal data where there is something about a particular situation which makes the individual want to object to processing on the ground of legitimate commercial use as they feel it impacts on their fundamental rights and freedoms. Individuals also have the right to object where data is processed for personal data for direct marketing purposes. In some cases, the data controller or data processor may demonstrate compelling legitimate grounds to process information which override the individual’s rights and freedoms.

11.8.5 Request restriction of processing of personal data. This enables individuals to ask data processors and data controllers to suspend the processing of their personal data in the following scenarios: (a) if the individual wants to establish the data’s accuracy; (b) where our use of the data is unlawful but the individual does not want it erased; (c) where the individual needs the data controller or data processor to hold the data even if they no longer require it as the individual needs it to establish, exercise or defend legal claims; or (d) if the individual has objected to use of the data but the data controller or data processor needs to verify whether it has overriding legitimate grounds to use it.

11.8.6 Request the transfer of personal data. The data controller should provide the individual, or a third party chosen by the individual, with personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which the individual initially provided consent for the data controller to use or where the data controller used the information to perform a contract with the individual.

11.8.7 Withdraw consent at any time where a data controller or data processor is relying on consent to process personal data. However, this will not affect the lawfulness of any processing carried out before consent was withdrawn. If an individual withdraws consent, the data processor or data controller may not be able to provide certain products or services, this should be advised at the time that consent is withdrawn.