Data Privacy Notice
Porta Finance is responsible for ensuring that it uses your personal data in compliance with data protection law. The purpose of this notice (the “Privacy Notice”) is to explain what personal data Porta Finance collects and how Porta Finance uses it. For the purposes of data protection law, Porta Finance is a data controller in respect of your personal data. “Personal data” is any data that can be used to identify you or that Porta Finance can link to you and which Porta Finance has in its possession or control.
In this Privacy Notice when we refer to “Porta Finance” or “we”/“us”/“our” we mean Porta Finance. You can find contact details of the data controllers within Porta Finance, by contacting Porta Finance in accordance with the “Contacting Porta Finance” section below.
Personal data that Porta Finance collects
Porta Finance will collect and process the following personal data:
Information that you or someone acting on your behalf provides to Porta Finance. This includes information about you that you give Porta Finance by filling in forms, signing up for services on our website or by communicating with Porta Finance, whether face-to-face, by phone, e-mail or otherwise. If you are a client or are connected with one of our client's matters, this may include personal data about you or others that is provided to Porta Finance in connection with the provision of services to that client.
Information Porta Finance collects or generates about you. We will also collect information about you when you use our services or when we otherwise interact or correspond with you. We use various technologies to collect and store information when you visit our websites. We may, for example, collect information about the type of device you use to access the websites, your IP address and your geographic location, the operating system and version, your browser type, the content you view and features you access on our websites, the web pages and the search terms you enter on our websites. For information about how we use Cookies and the choices you may have, you can request a copy of our Cookies Policy by contacting Porta Finance in accordance with the “Contacting Porta Finance” section below.
If you are a client, or are connected with one of our client's matters, this information may include:
- information about you, your transactions, financial information and relationship to others;
- data that Porta Finance collects about your use of Porta Finance's IT systems;
- reports and information for tax reporting (e.g. FATCA) or compliance with legal or regulatory obligations (e.g. insider lists, regulator information requests).
Information Porta Finance obtains from other sources. If we collect or receive your personal data in the context of our provision of services, we might receive information from third parties such as your employer, other parties relevant to the services we are providing (e.g. counterparties in transactions) and others such as regulators and authorities. That information could include your name, contact details, employment details and other information relevant to the services that we are providing to our client.
Uses of your personal data
Personal data may be stored and processed by Porta Finance in the following ways and for the following purposes:
- to provide Porta Finance's products and services, including processing instructions and providing confirmations, advice and statements to our clients;
- verify your identity (including for fraud prevention purposes), and manage Porta Finance's relationship with you and/or the client to whom you are connected;
- to contact you in connection with your work with Porta Finance and the products and services that Porta Finance provides to you or a client to whom you are connected;
- to perform the contract with you or a client/supplier to whom you are connected (including performing Porta Finance's obligations and exercising Porta Finance's rights);
- to engage in marketing and business development activity and to advise you or a client to whom you are connected of other products and services similar to those which you or a client to whom you are connected receive from Porta Finance;
- to notify you about changes to Porta Finance's service;
- to carry out financial risk assessments, risk mitigation activities and for risk reporting and risk management;
- to comply with Porta Finance's legal and regulatory obligations;
- to use it to prevent and respond to actual and potential fraud or illegal activities; or
- to use it to look into any complaints or queries you or a client/supplier to whom you are connected may have.
Porta Finance is entitled to use personal data in these ways because:
- Consent - we may (but usually do not) need your consent to use your personal data. You can withdraw your consent by contacting us (see below).
- Performance of a contract - we may need to collect and use your personal data to enter into a contract with you or to perform our obligations under a contract with you or a client to whom you are connected.
- Legitimate interest - we may use your personal data for our legitimate interests, some examples of which are given above.
- Compliance with law or regulation - we may use your personal data as necessary to comply with applicable law/regulation.
Disclosure of personal data to third parties
Porta Finance may disclose personal data outside of Porta Finance, as follows:
- to third party agents, service providers or contractors, bound by obligations of confidentiality, who will only use personal data on Porta Finance's behalf for the purposes described in this Privacy Notice;
- to third parties relevant to the services outlined in the contract with you or the contract of a client/ supplier with whom you are connected. This may include for example counterparties to transactions, professional advisers, stock exchanges or regulators;
- to the prospective counterparty, for due diligence purposes, if Porta Finance restructure or sell any of its or their business or assets (for the avoidance of doubt, your personal data would only be transferred in such circumstances to the extent that such a transfer was required for the purposes of due diligence and was subject to appropriate security protections e.g. anonymisation and/or confidentiality restrictions);
- to the extent required by law, regulation or court order for example if Porta Finance is under a duty to disclose personal data in order to comply with any legal or regulatory obligation; and
- in order to establish, exercise or defend Porta Finance's legal rights, for example if Porta Finance needs to obtain external legal advice or provide personal data in connection with judicial proceedings.
Transfers of personal data outside the European Economic Area
Personal data may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be stored and processed by staff operating outside of the EEA, who work for Porta Finance's third party agents, service providers or contractors.
Where Porta Finance transfers personal data outside the EEA, Porta Finance will ensure that it is protected in a manner that is consistent with how personal data will be protected by Porta Finance in the EEA. This may be achieved in one of the following ways:
- the country that Porta Finance sends the data to might be approved by the European Commission; or
- the recipient might have signed a contract based on “model contractual clauses” approved by the European Commission, obliging them to protect the personal data that they receive; or
- where the recipient is located in the US, it might be a certified member of the EU-US Privacy Shield scheme.
In other circumstances the law may permit Porta Finance to otherwise transfer personal data outside the EEA. In all cases, however, Porta Finance will ensure that any transfer of personal data is compliant with applicable data protection law.
You can obtain further details of the protection given to your personal data when it is transferred outside the EEA (including a copy of the standard data protection clauses which Porta Finance has entered into with recipients of your personal data) by contacting Porta Finance in accordance with the “Contacting Porta Finance” section below.
Retention of personal data
How long Porta Finance holds personal data for will vary. The retention period will be determined by various criteria including:
- the purpose for which Porta Finance is using it - Porta Finance will need to keep the data for as long as is necessary for that purpose; and
- legal obligations - laws or regulation may set a minimum period for which Porta Finance has to retain personal data.
Rights in relation to personal data
You have a number of legal rights in relation to the personal data that Porta Finance holds about you. These rights include:
- the right to obtain information regarding the processing of your personal data and access to the personal data which Porta Finance holds about you;
- the right to request that Porta Finance rectify your personal data if it is inaccurate or incomplete;
- the right to request that Porta Finance erase your personal data in certain circumstances. Please note that there may be circumstances where you ask Porta Finance to erase your personal data but Porta Finance is legally entitled to retain it;
- the right to object to, and the right to request that Porta Finance restrict, its processing of your personal data in certain circumstances. Again, there may be circumstances where you object to, or ask Porta Finance to restrict, its processing of your personal data but Porta Finance is legally entitled to continue processing your personal data and / or to refuse that request;
- in some circumstances, the right to receive some personal data in a structured, commonly used and machine-readable format and/or request that Porta Finance transmit such data to a third party where this is technically feasible. Please note that this right only applies to personal data which you have provided to Porta Finance;
- the right to withdraw your consent, although in certain circumstance it may be lawful for Porta Finance to continue processing your data where Porta Finance has another legitimate reason (other than consent) for doing so. Porta Finance is not relying on your consent in order to process your personal data for the purposes and in the manner set out in this Privacy Notice; and the right to lodge a complaint with the relevant data protection authority if you think that any of your rights have been infringed by Porta Finance.
You can exercise your rights by contacting Porta Finance using the details set out in the “Contacting Porta Finance” section below.
You can find out more information about your rights by contacting the relevant data protection authority. We can, on request, tell you which data protection authority is relevant to the processing of your personal data.
Contacting Porta Finance
If you would like further information about Porta Finance's processing of your personal data or the exercise of any of the rights referred to above, please address questions, comments and requests to:
