Capitalex Privacy Policy

This privacy policy applies between you, the User or visitor of this Website,  www.capitalex.co.uk,and Capitalex Limited, the owner and provider of this Website. Capitalex Limited takes the privacy of your information very seriously. This privacy policy applies to our use of any and all Data collected by us or provided by you, including in relation to your use of the Website. Please read this privacy policy carefully. If you do not agree to any of the provisions of this privacy policy, stop using our Website immediately.

Our data protection contact is Jessica Zoutsos and she can be contacted at info@capitalex.co.uk.

Definitions and interpretation

In this privacy policy, the following definitions are used:

Data

Collectively all information that you submit to Capitalex Limited including information submitted via the Website. This definition incorporates, where applicable, the definitions provided in the General Data Protection Regulation 2016 (GDPR), the Data Protection Act 2018 and other applicable data protection legislation (Data Protection Legislation);

Cookies

A small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the cookies used by this Website are set out in the clause below (Cookies);

Capitalex Limited, we or us

Capitalex Limited, a company incorporated in England and Wales with registered number 08990469 whose registered office is at 4 Aztec Row, Berners Road, London, N1 0PW;

UK and EU Cookie Law

The Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011;

User or you

Any third party that accesses the Website or whose information we are processing otherwise and is not employed by Capitalex Limited and acting in the course of their employment; and

Website

The website that you are currently using, www.capitalex.co.uk, and any sub-domains of this site unless expressly excluded by their own terms and conditions.

In this privacy policy, unless the context requires a different interpretation:

  1. The singular includes the plural and vice versa;
  2. References to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of this privacy policy;
  3. A reference to a person includes firms, companies, government entities, trusts and partnerships;
  4. “including” is understood to mean “including without limitation”;
  5. reference to any statutory provision includes any modification or amendment of it;

Scope of this privacy policy

This privacy policy applies only to the actions of Capitalex Limited and its data subjects, including any Users of this Website. It does not extend to any websites that can be accessed from this Website including, but not limited to, any links we may provide to investor companies or social media websites.

Data collected

As a visitor to our website, we will automatically collect the following Data, which includes personal Data, from you:

  1. IP address;
  2. Web browser type and version;
  3. Operating system;
  4. A list of URLs starting with a referring site, your activity on this Website, and the site you exit to,

in each case, in accordance with this privacy policy.

If you choose to register as a member on our website, we may collect the following Data, which includes personal Data, from you through primarily the sign up form, other forms when you request certain services or your user profile:

  1. First name;
  2. Last name;
  3. Email address;
  4. Job title/ role;
  5. Company website;
  6. Company turnover;
  7. Company description;
  8. Company sector;
  9. How much funding is sought for the company;
  10. Business plan or investor presentation;
  11. Crowdfunding campaign;
  12. Financial model, in relation to the company; and/or
  13. Other related Data;

in each case, in accordance with this privacy policy.

We may also collect and process the following information:

  1. A record of any correspondence between us
  2. Details of transactions you carry out
  3. Information that we require to perform our contractual obligations

Under the Data Protection Legislation we will ensure that your personal data is processed lawfully, fairly, and transparently, without adversely affecting your rights. We will only process your personal data if at least one of the following basis applies:

  1. You have given consent to the processing of your personal data for one or more specific purposes;
  2. Processing is necessary for the performance of a contract to which you are a party or in order to take steps at the request of you prior to entering into a contract;
  3. Processing is necessary for compliance with a legal obligation to which we are subject;
  4. Processing is necessary to protect the vital interests of you or of another natural person;
  5. Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; and/or
  6. Processing is necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data.

Our use of Data

For purposes of the Data Protection Legislation, Capitalex Limited is the “data controller”.

All personal Data is stored securely in accordance with the principles of the Data Protection Legislation. For more details on security see the clause below (Security).

Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us for the following reasons:

  1. Present our Website content effectively to you;
  2. Provide information and services that you request, or (with your consent or on the basis of legitimate interests) which we think may interest you;
  3. With your consent, let other specific parties, such as investors, contact you to provide information about their products and services;
  4. Carry out our contracts with you and provide our services;
  5. Allow you to use our interactive services if you want to;
  6. Our internal record keeping; and
  7. Improvement of our services and information that we provide to you.

in each case, in accordance with this privacy policy.

If you do not want us to use your personal data for any of the reasons set out in this section and this privacy policy, you can let us know at any time by contacting us at info@capitalex.co.uk and we will delete your data from our systems. However, you acknowledge this may limit our ability to provide our best possible services to you.

In some cases, the collection of personal data may be a statutory or contractual requirement, and we will be limited in the services we can provide you if you do not provide your personal data in these cases.

Third party websites and services

Capitalex Limited may, from time to time, employ the services of other parties for dealing with certain processes necessary for the operation of the Website. The providers of such services do not have access to certain personal Data provided by Users of this Website.

Links to other websites

This Website may, from time to time, provide links to other websites. We have no control over such websites and are not responsible for the content of these websites. This privacy policy does not extend to your use of such websites. You are advised to read the privacy policy or statement of other websites prior to using them.

Changes of business ownership and control

Capitalex Limited may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of Capitalex Limited. Data provided by Users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this privacy policy, be permitted to use the Data for the purposes for which it was originally supplied to us.

We may also disclose Data to a prospective purchaser of our business or any part of it.

In the above instances, we will take steps with the aim of ensuring your privacy is protected.

Disclosing your information

We are allowed to disclose your information in the following cases:

  1. If we have a legal obligation to do so, or in order to protect other people’s property, safety or rights;
  2. Where it is necessary for the provision of our services to you;
  3. If we want to sell our business, or our company, we can disclose it to the potential buyer as described in the section “Changes of business ownership and control”;
  4. To exchange information with others to protect against fraud or credit risks; or
  5. Where you give us your consent.

We may contract with third parties to supply services to you on our behalf. These may include search engine facilities, advertising, marketing, consultants and investment firms. In some cases, the third parties may require access to some or all of your data. These are the third parties that have access to your information:

Mailchimp – to send you marketing communications, with your prior consent.

WordPress – to operate the website.

Dropbox – to store and share data needed for the provision of our services and general business operations.

Freshsites – to host the website.

Consultants and contractors - as may be necessary to provide our services to you.

Where any of your data is required to such a purpose, we will take all reasonablesteps to ensure that your data will be handled safely, securely, and in accordance with your rights, our obligations, and the obligations of the third party under the Data Protection Legislation.

We may also disclose your personal data, with your prior consent, to investors that we work with so that they may contact you about their products and services that may be of interest to you. We advise that you read any such investor’s data protection documents included or referred to in any communication from them or displayed on their website.

Functionality of the Website

To use all features and functions available on the Website, you may be required to submit certain Data.

You may restrict your internet browser’s use of Cookies. For more information see the clause below (Cookies).

What rights you have over your data

You have the right to ask for a copy of any of your personal Data held by Capitalex Limited (where such data is held) at no cost to you.

If you have registered as a member on this site, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us.

You can ask us not to use your data for marketing. You can do so by using the “unsubscribe” link found at the bottom of each of our marketing emails or contacting us at any time at info@capitalex.co.uk.

You have the right to request the correction of your personal data, request that your personal data be transferred to another person (data portability), be informed of what data processing is taking place, restrict processing and complain to the supervisory authority (the Information Commissioner’s Office in UK).

You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal or security purposes.

You also have rights with respect to automated decision-making and profiling as set out in section “Automated decision-making and profiling”.

To enforce any of these rights please contact us at info@capitalex.co.uk.

Security

Data security is of great importance to Capitalex Limited and to protect your Data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure personal data including personal data collected via our Website. We use user names, passwords and encryption to keep your personal data secure. We store your data on a dedicated virtual server located in the UK. 30 days of backups are also stored on a secure EEA based server with security measures including a secure key. Certain limited personal data may be shared with investors  and we use encryption and back up services to a secure cloud hosted server to protect that data.

Where password access is required for certain parts of the Website, you are responsible for keeping this password confidential.

We endeavour to do our best to protect your personal Data. However, transmission of information over the internet is not entirely secure and is done at your own risk. We cannot ensure the security of your Data transmitted to the Website.

Where we store your data

We may transfer your collected data to storage outside the European Economic Area (EEA). It may be processed outside the EEA to fulfil our services.

By giving us your personal data you agree to this arrangement. We will do what we reasonably can to keep your data secure.

We only keep your personal data for as long as we need to in order to use it as described above in section “Our use of data”, and/or for as long as we have your permission to keep it. In any event, we will conduct regular reviews to ascertain whether we need to keep your personal data. Your personal data will be deleted if we no longer need it.

Automated decision-making and profiling

We do not currently undertake any automated decision-making, including profiling.

In the event that we use personal data for the purposes of automated decision-making and those decisions have a legal (or similarly significant effect) on you, you have the right to challenge such decisions, requesting human intervention, expressing own point of view and obtaining an explanation of the decision from us.

The right described in the above paragraph does not apply in the following circumstances:

  1. The decision is necessary of the entry into, or performance of, a contract between you and us;
  2. The decision is authorised by law; or
  3. You have given your explicit consent.

Where we use your personal data for profiling purposes, the following shall apply:

  1. Clean information explaining the profiling will be provided, including its significance and the likely consequences;
  2. Appropriate mathematical or statistical procedures will be used;
  3. Technical and organisational measures necessary to minimise the risk or errors and to enable such errors to be easily corrected shall be implemented; and
  4. All personal data processed for profiling purposes shall be secured in order to prevent discriminatory effects arising out of profiling.

Cookies

This Website may place and access certain Cookies on your computer. Capitalex Limited uses Cookies to improve your experience of using the Website and to improve our range of products and services.

All Cookies used by this Website are used in accordance with current UK and EU Cookie Law.

Before the Website places Cookies on your computer, you will be presented with a message bar requesting your consent to set those Cookies. By giving your consent to the placing of Cookies, you are enabling Capitalex Limited to provide a better experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of the Website may not function fully or as intended.

This Website may place the following Cookies:

Strictly necessary cookies

These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website or make use of e-billing services.

Analytical/performance cookies

They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our websites works, for example, by ensuring that users are finding what they are looking for easily.

Functionality cookies

These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).

Targeting cookies

These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website more relevant to your interests. We may also share this information with third parties for this purpose.

You can choose to enable or disable Cookies in your internet browser. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser.

You can choose to delete Cookies at any time; however,you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalisation settings.

It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.

General

You may not transfer any of your rights under this privacy policy to any other person. We may transfer our rights under this privacy policy where we reasonably believe your rights will not be affected.

If any court or competent authority finds that any provision of this privacy policy (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of other provisions of this privacy policy will not be affected.

Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

This privacy policy is be governed by and interpreted according to the law of England and Wales. All disputes arising under this privacy policy will be subject to the exclusive jurisdiction of the English and Welsh courts.

Changes to this privacy policy

Capitalex Limited reserves the right to change this privacy policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the privacy policy on your first use of the Website following the alterations. Please check this policy from time to time to ensure that you are familiar with it and agree to its provisions. You should stop using our Website if you do not agree with this privacy policy.

You may contact Capitalex Limited by email at info@capitalex.co.uk.

16 April 2019