Privacy

Truva Corp Privacy Notice – Dated December 2022

Welcome to the Truva Corp privacy notice.

Truva Corp is made up of the following different legal entities; Truva Corp Holdings Limited, Truva Services Limited, Truva Corporate Administration Limited, Truva Legal Services Limited, Truva Trust Corporation Plc and Truva Trustees Limited (“Truva Corp”). This privacy statement is issued on behalf of the Truva Corp group of companies so when we mention “Truva Corp”, “we”, “us” or “our” in this privacy statement, we are referring to the relevant company in the Truva Corp group responsible for processing your data.

Truva Corp respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data in the following circumstances.

Section 1: General Privacy Notice. This is our general notice about how we use personal data when you visit our website (regardless of where you visit it from) and tells you about your privacy rights and how the law protects you.

Section 2: Client Privacy Notice. This is our client specific notice, which is for anyone who is in the process of engaging or has engaged us.

Section 3: Recruitment Privacy Notice. This is for anyone submitting information to us for recruitment purposes.

Please also use the Glossary to understand the meaning of some of the terms used in this privacy statement notice.

Section 1: General Privacy Notice

1. Important information and who we are

2. The categories of personal data that we collect about you

3. How we use your personal data

4. Lawful basis and any legitimate interests for the processing

5. Sharing your personal data

6. Cookies

7. International transfers

8. Data Security

9. Data Retention

10. Your Legal Rights

Section 2: Additional Client Privacy Notice

1. Categories of personal data we collect about you

2. How we use your personal data

3. Lawful basis and any legitimate interests for the processing

Section 3: Recruitment Privacy Notice

1. Categories of personal data we collect about you

2. How we use your personal data

3. Lawful basis and any legitimate interests for the processing

Glossary

Section 1: General Privacy Notice

1. Important information and who we are

Purpose of this privacy notice

This privacy notice aims to give you information about how Truva Corp collects and processes your personal data through your use of this website; including any data you may provide through our website when you sign up to our newsletter, enquire about becoming or become a client of Truva Corp, email an enquiry to us, when we record you as a noteholder, investor or related adviser in respect of any transaction to which Truva Corp is a party or you apply for a job at Truva Corp.

Our website is not intended for children, and we do not knowingly collect data relating to children.

It is important that you read this privacy notice together with any other privacy policy or fair processing policy 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 other notices and privacy policies and is not intended to override them.

Our website 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 about you. We do not control these third-party websites and are not responsible for their privacy notices. When you leave our website, we encourage you to read the privacy notice of every website you visit.

Controller

Truva Corp Holdings Limited, part of Truva Corp, is the Controller and responsible for this website.

We do not meet the necessary criteria for a mandatory appointment of a Data Protection Officer under the UK General Data Protection Regulation or an EU Representative under the General Data Protection Regulation. We have allocated informal responsibility to a person in our business who can deal with any data protection related matters. You can contact our Privacy Manager by using the details set out below.

Contact details

If you have any questions about this privacy notice or our privacy practices, please contact our Privacy Manager in the following ways:

Full name of legal entity: Truva Corp Holdings Limited

Email address: [email protected]

Postal address: 1 Northumberland Avenue, London WC2N 5BW

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK regulator for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

Changes to the privacy notice and your duty to inform us of changes

We keep our privacy notice under regular review. This version was last updated on the date at the beginning of this statement.

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.

2. The categories of personal data that we collect about you

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).

The personal data we collect, use, store and transfer will be the information that you provide about yourself and, if appropriate, about persons connected with you such as your officers, employees or advisors, and will include addresses, phone numbers and email addresses and may also include further information from the emails, letters and other communications you send and documents you provide to us.

For clarity we have grouped this data together as follows:

• Identity Data includes your name and date of birth.
• Contact Data includes your email addresses, addresses and telephone numbers.
• Enquiry Data includes your enquires about engaging us or job opportunities.
• Correspondence Data includes any correspondence between us and you about an enquiry.
• 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.
• Usage Data includes information about how you use our website and services.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share aggregated data such as statistical or demographic data for any purpose. Aggregated data could be derived from your personal data but is not considered personal data in law as this data will 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 in accordance with this privacy policy.

We may also collect information about your usage of our website (please refer to our Cookie Policy on our website). We may also obtain personal data from publicly available services such as Companies House and from other persons.

In respect of special category data (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, genetic and biometric data) about you, we will require your express consent. In other cases, any processing by us of special category data will be on one or more of these bases: (a) necessary for the purposes of carrying out obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law; (b) necessary for the establishment, exercise or defence of legal claims; (c) necessary for the assessment of the working capacity of an employee.

If you fail to provide personal data

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 trying to enter into with you (for example, to provide you with our services). In this case, we may have to cancel the service you have with us but we will notify you if this is the case at the time.

3. How we use your personal data

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:

• Where we need to perform the contract we are about to enter into or have entered into with you or with which you are involved.
• 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.
• Where we need to comply with a legal obligation or regulatory obligation.
• Where we have your consent to do so.

Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before 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.

4. Lawful basis and any legitimate interests for the processing

We have set out below, in a table format, a description of all the 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.

Note that we may process your personal data for 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 grounds we are relying on to process your personal data where more than one ground has been set out in the table below.

5. Sharing your personal data

As a professional services firm employing lawyers, we comply with the SRA Code of Conduct (“the Code”). The Code requires us to keep the affairs of our clients and prospective clients confidential unless disclosure is required or permitted by law or consent. We may allow our officers, employees and consultants to access your data where we believe this is necessary.

We may share your data with other companies in the Truva Corp group acting as joint controllers or processors and who are based in the UK.

We may share your data with the following third parties to whom we have outsourced certain tasks:

• Service providers acting as processors who provide IT and system administration services, such as Clio Manage and Xero.
• Professional advisors acting as processors including lawyers, bankers, accountants, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
• HM Revenue & Customs, regulators and other authorities who require reporting of processing activities in certain circumstances.
• We may disclose your details to credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you.
• 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.

Unless required to do so by law, we will not otherwise share, sell or distribute any of the information you provide to us without your consent.

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.

Change of purpose

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 get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

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.

Advertising, marketing and your communications preferences

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

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

You will receive marketing communications, for example a newsletter, from us if you have requested information from us and you have not opted out of receiving that marketing.

Third-party marketing

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

Opting out

You can also unsubscribe for our marketing communications at any time by using the link in our newsletter or emailing [email protected].

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of the services we provide to you as a client.

6. Cookies

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, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie Policy on our website.

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.

7. International transfers

From the UK to outside the UK

We do not routinely transfer your personal data outside the UK. However, we may hold copies of your personal data and other data on computers outside the UK and some of our external third parties service providers may be based outside the UK so their processing of your personal data will involve a transfer of data outside the UK. If we do this, we will comply with the rules in the UK General Data Protection Regulation.  Whenever we transfer your personal data outside the UK, we ensure a similar degree of protection is afforded to it, either by making our own assessment of adequacy, or using one of the standard mechanisms available to us. These may include:

• transfers to countries that have been deemed to provide an adequate level of protection for personal data;
• use specific mechanisms approved for use in the UK which give personal data the same protection it has in the UK.

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

To the UK from outside the UK

If the country you are transferring data from considers the UK to offer adequate protection, then you can transfer data to us without additional safeguards.

8. Data Security

We have put in place appropriate technical and organisational measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. We also have the industry accreditation know as Cyber Security Essentials.

In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures 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.

9. Data Retention

How long will you use my personal data for?

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

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, regulatory, tax, accounting or other requirements.

Unless Section 2 or 3 of this Privacy Notice apply, or you are still receiving our newsletter or updates, we will delete your data within two year of the date we receive it.

In some circumstances you can ask us to delete your data: see your legal rights below for further information.

In some circumstances we will 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.

10. Your Legal Rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:

• Request access to your personal data.
• Request correction of the personal data.
• Request erasure of your personal data.
• Object to processing of your personal data.
• Request restriction of processing of your personal data.
• Request the transfer of your personal data.
• Withdraw consent at any time.

If you wish to exercise any of the rights set out above, please contact our Privacy Manager on the details set out above.

No fee usually required

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 could refuse to comply with your request in these circumstances.

What we may need from you

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

We try to respond to all legitimate requests within one month. Occasionally it could 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.

Section 2: Additional Client Privacy Notice

1. Categories of personal data we collect about you

We may collect additional categories of personal data when you instruct us or seek to instruct us. Including via our website, email, telephone, post or in person. We may also receive this information from third parties (for example from publicly available sources or from someone who has recommended us to you and given us your contact details). We have grouped this information together as follows:

• Identity Data which includes copies of your passport, driving licence, birth certificate, national identity card, utility bills and/or other identifying information required to be provided to us for anti-money laundering purposes.
• Matter Data which includes any personal data about you in your instructions to us, including in correspondence, attendance notes of calls and meetings and any information from third parties about your matter.
• Financial Data which includes bank account details.
• Transaction Data which included details about the cost of the matter and any payments to and from you.

2. How we use your personal data

Our main purpose for processing data is to provide professional and corporate trustees services, to maintain our client, trustee and business records and to comply with the law and regulations.

3. Lawful basis and any legitimate interests for the processing

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal basis we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data.

Sharing personal data

To enable us to provide you or the organisation you work for with our services, we may provide personal data to external advisors (such as accountants, registrars, experts, overseas lawyers, trade mark or patent agents). We may also have to share data with organisations such as HMRC, Companies House, the FCA, the UK IPO or the ICO.

Retaining personal data

We predominately store some files digitally and some in hard copy. In each case we may use third parties to store your files. We keep matter files for six to twelve years, or longer if required by law. This is explained in more detail in our Data Retention Policy. Clients can request a copy of this any time.

Destruction and retrieval

We will destroy your files at the end of their storage period, or earlier with client consent. Please write and tell us if you object to this. We will charge you if you want us to retrieve your files after we have completed our work.

Source of the personal data

Most of the personal data we process will be obtained directly from you, but we may also acquire personal data about you (and others) from other parties connected with you or your matter. We also get data from publicly available sources.

Failure to provide personal data

Other than where compelled to do so by a court or relevant law or regulation, you are not under any obligation to provide personal data to us. However, if we need personal data to carry out our duties (for example, anti-money laundering and conflict checks), and you do not provide this information, we may not be able to continue to act for you. If this happens, we will inform you.

Mailing List

We produce a monthly newsletter and host regular events about changes in the law and our business. We may provide this to our clients without additional consents being required, but if you would prefer not to receive these, then please let us know by clicking the unsubscribe button in the newsletter or emailing [email protected] We will comply with the ICO’s guidelines on direct marketing.

Section 3: Recruitment Privacy Notice

1. Categories of personal data we collect about you

We may collect additional categories of personal data about you when you apply to join us. This can be via this site, email, telephone, post, social media or in person. We may also receive this information via a third party (for example a recruiter, a publicly available source or from someone who has recommended you). We have grouped this information together as follows:

• Identity Data which includes copies of your passport, driving licence, birth certificate, or national identity card.
• Career Data which includes copies of your CV with details of your qualifications, skills and experience.
• Financial Data which includes salary history, bank account and tax details.

2. How we use your personal data

Our main purpose for processing personal data is to operate our business as a professional services firm and to recruit and maintain staff and to comply with the law and regulations. For you this mainly involves considering your personal data for the purposes of our hiring needs and complying with our legal and regulatory requirements.

3. Lawful basis and any legitimate interests for the processing

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal basis we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data.

Sharing personal data

If we share your personal data, we will require the recipient to keep it confidential and secure. We may share your data with our insurers, professional advisors and our colleagues. We will not otherwise share your personal information with any third party except where we are permitted under data protection laws. We will use your data to conduct a disclosure barring service check to verify your identity.

Retaining personal data

If your application is unsuccessful, we will delete your data within two years of the date when we reject your application, or you withdraw from our recruitment process.

If you are successful, we will enter into a more detailed contract which will include a further privacy notice. This privacy notice will explain how we process your data once you have joined us.

Source of the personal data

Most of the personal data we obtain will be from you directly but we may obtain some information in the recruitment process from third parties (for example a reference) and publicly available sources.

Failure to provide personal data

We cannot consider your application process properly unless you go through our application process and provide the information requested.

Automated decision making, including profiling

We do not currently use any automated decision making or profiling as part of our recruitment process.

Glossary

LAWFUL BASIS

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). 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.

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.

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

YOUR LEGAL RIGHTS

You have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

• If you want us to establish the data’s accuracy.
• Where our use of the data is unlawful but you do not want us to erase it.
• Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
• You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.