Privacy agreement

Introduction 

This agreement sets out how Clarity Advice & Management Ltd uses and protects your data. All references to “we”, “us”, “our” and “ClarityAM” refer to Clarity Advice & Management Ltd and all references to “you”, “your” and “client” refer to the client of Clarity Advice & Management Ltd.

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We are registered with the Information Commissioner’s Office (ICO) as a Data Controller and are compliant with the requirements of the Data Protection Act 1998 and General Data Protection Regulations (GDPR).

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The Information We Collect

Below is a non-exhaustive list of information we may request from you:
 

• Basic personal details such as name, date of birth and address.

• Contact information such as email address and phone number.

• Financial and personal information including your attitude to risk.

• Tax related information (like your National Insurance number).

• Information to help us verify your identity (like a copy of your passport).

We may also record and monitor telephone, email or other conversations that we have with you.

 

The Information We Collect From Other Sources

If we provide you with our service, you will need to set-up an account with an investment platform (such as AJ Bell Management Limited or Novia Financial plc) and we will be able to access information including your balance and transaction data as long as you remain our client. 

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What We Do With This Information

We use your information to provide the service you have requested, collect your feedback, meet our legal or regulatory obligations, keep you informed of changes to our service and provide a record of our discussions with you. We may also use your information for training, quality control or crime prevention purposes.  

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Verifying Your Identity

Should you decide to let us act on your behalf, you agree to cooperate with all requests made by us or any of our third-party service providers to identify you, authenticate your identity or verify your funding sources. We reserve the right to terminate our client agreement if we are unable to obtain or verify such information. 

 

You authorise us directly or through third-party service providers (such as Experian or Equifax) to make any inquiries we consider necessary to verify your identity. This may include asking you for further information that will allow us to reasonably identify you. In addition, we may require you to take steps to confirm ownership of your phone number or payment instruments. We may verify your information against third-party databases (public or otherwise) or through other sources. We may also ask to see your driving licence or other identifying documents at any time. Our third-party service providers may also use your details in the future to assist other companies for verification purposes. A record of the search will be retained.

 

Who We Share This Information With

We will not sell, distribute or lease your personal information to third parties without your consent unless we are required by law to do so.

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If we provide you with our service, you will need to open an account with an independent investment platform (such as AJ Bell Management Limited or Novia Financial plc) and we will share only the data that is required to create your account with your investment platform.

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For the purposes of delivering the service that you have requested, we may need to share your information with third parties and you confirm that you accept and consent to this. The situations in which we share this information are detailed below:

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• Regulatory bodies or the police: to comply with our legal obligations.

• Fraud prevention agencies or other organisations: to detect and prevent financial and other crime.

• Our suppliers (including our service and software providers): to help improve or maintain our IT system and where necessary for the performance of our contract.

• Business transfers: as we continue to develop our business, we might sell or buy other businesses. In such transactions, customer information is typically one of the transferred business assets and remains subject to the promises made in any pre-existing Privacy Agreement (unless you consent to a new Privacy Agreement). Also, in the unlikely event that ClarityAM or substantially all of its assets are acquired, customer information will be one of the transferred assets.

 

We may contact you via email to invite you to review any services and/or products you received from us in order to collect your feedback and improve our services and products (the “Purpose”). We use an external company, Trustpilot A/S (“Trustpilot”), to collect your feedback which means that we will share your name, email address and reference number with Trustpilot for the Purpose. If you want to read more about how Trustpilot process your data, you can find their Privacy Policy here. We may also use such reviews in other promotional material and media for our advertising and promotional purposes.

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Your personal data may be transferred to third parties outside the EEA as well as within it solely in connection with the provision of our services. You should be aware that in territories outside the EEA, laws and practices relating to the protection of personal data are likely to be different and, in some cases, may be weaker than those within the EEA. Where transfers outside of the EEA are necessary, ClarityAM complies with stringent safeguards to protect your personal data. By entering into this privacy agreement, you consent to such processing of your data.

 

Your Rights

Your rights are detailed below. If you need to contact us to exercise your rights or change your preferences, please email us at service@clarityam.com.

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Access:

You are entitled to have access to the personal data that ClarityAM holds about you. You can request a copy of this information from us.

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Rectification

If you believe that any information we are holding about you is incorrect or incomplete, please email us as soon as possible. We will promptly correct any information found to be incorrect.

 

Erasure

You are entitled to request the deletion of your personal data that ClarityAM holds. Please note, this does not affect any information required to be stored under record retention laws. Pensions and investments are, by their nature, long-term products. Consequently, we are required to retain your data indefinitely so that we can always understand the details of the service we have given you in the past. ClarityAM will not erase data when it might be required for the establishment, exercise or defence of legal claims

 

Restriction

You are entitled to request that our processing of your data is restricted. For example, if you contest the accuracy of your personal data, we will restrict processing until we have verified the accuracy of the data.

 

Portability

You have the right to receive the personal data that you have provided to us in a structured, commonly used and machine-readable format. You can also request that we transmit this data directly to another Data Controller.

 

Lawful Basis For Processing

We rely upon the following lawful bases:
 

• Legal: for example, verifying your identity or complying with regulatory obligations such as MiFID II.

• Contract: for example, using your email address or telephone number to contact you.

• Consent: for example, gaining your explicit consent before collecting health information (special category data).

• Legitimate interests: for example, using your email address or telephone number to contact you with an answer to a question that you have asked us.

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Law

This privacy agreement with you shall be governed by English law. Any disputes shall be subject to the jurisdiction of the English Courts. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this privacy agreement.

 

Variation 

We may need to update or amend this agreement from time to time to comply with law or to meet changing business requirements. We may make such changes without your specific agreement where those updates are, in our reasonable opinion, not detrimental to your interests, to correct a manifest error or required by law. We may not always be able to give you advanced notice of such updates or amendments. We may make other changes to this agreement by giving you at least ten business days’ written notice. By continuing to accept our services you agree to be bound by the terms of any such updates and amendments.  
 

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Your Consent

If you do not understand any part of this agreement, please ask for further information. This agreement will take effect when you reply by email to us and confirm your acceptance of the terms in the privacy agreement. 

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ClarityAM Privacy Agreement v1.6