Privacy Policy

1. Introduction

This Privacy Policy sets out the obligations of Arcapita Group Holdings Limited, for and on behalf of itself and its group entities (together “Arcapita Group”, “we”, “us”, “our”). We have created this Privacy Policy to set out our obligations to you regarding data protection and to assure you, that that the personal data we collect about you in the course of our business will be treated with care and in line with the standards as provided under the General Data Protection Regulation (the “Regulation”).

The Regulation defines “personal data” as any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person (a “Data Subject”, “you” or “your”).

This Privacy Policy sets out the procedures that are to be followed when dealing with personal data. The procedures and principles set out herein must be followed at all times by us, our employees, agents, contractors, or other parties working on our behalf.

2. The Data Protection Principles

The Regulation sets out the following principles with which any party handling personal data must comply. Accordingly, we intend for all personal data to be:

  1. processed lawfully, fairly, and in a transparent manner in relation to the data subject;
  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;
  3. adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed;
  4. accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that is inaccurate, having regard to the purposes for which they are processed, is erased or rectified without delay;
  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 is 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 organizational measures required by the Regulation in order to safeguard the rights and freedoms of the data subject;
  6. processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures.

3. Lawful, Fair, and Transparent Data Processing

The Regulation seeks to ensure that personal data is processed lawfully, fairly, and transparently, without adversely affecting the rights of the data subject. The Regulation states that processing of personal data shall be lawful if at least one of the following applies:

  1. the data subject has given consent to the processing of his or her personal data for one or more specific purposes;
  2. processing is necessary for the performance of a contract to which the data subject is a party or in order to take steps at the request of the data subject prior to entering into a contract;
  3. processing is necessary for compliance with a legal obligation to which the controller is subject;
  4. processing is necessary to protect the vital interests of the data subject 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;
  6. processing is necessary for the purposes of the legitimate interests pursued by the controller 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, in particular where the data subject is a child.

4. Processed for Specified, Explicit and Legitimate Purposes

4.1 We collect and process the personal data set out in Part 19 of this Privacy Policy. This may include personal data received directly from you (for example, contact details used when you communicate with us) and data received from third parties.

4.2 We only process personal data for the specific purposes set out in Part 20 of this Privacy Policy (or for other purposes expressly permitted by the Regulation). The purposes for which we process personal data will be informed to you at the time that their personal data is collected, where it is collected directly from them, or as soon as possible (not more than one calendar month) after collection where it is obtained from a third party.

5. Adequate, Relevant and Limited Data Processing

We will only collect and process personal data for and to the extent necessary for the specific purpose(s) informed to you as under Part 4, above.

6. Accuracy of Data and Keeping Data Up To Date

We will ensure that all personal data collected and processed is kept accurate and up-to-date. The accuracy of data shall be checked when it is collected and at regular intervals thereafter. Where any inaccurate or out-of-date data is found, all reasonable steps will be taken without delay to amend or erase that data, as appropriate.

7. Timely Processing

We will not keep personal data for any longer than is necessary in light of the purposes for which that data was originally collected and processed. When the data is no longer required, all reasonable steps will be taken to erase it without delay.

8. Secure Processing

We will ensure that all personal data collected and processed is kept secure and protected against unauthorized or unlawful processing and against accidental loss, destruction or damage. Further details of the data protection and organizational measures which shall be taken are provided in Part 20, 21 and 22 of this Privacy Policy.

9. Accountability

We will keep written internal records of all personal data collection where the data being processed could risk the data subjects’ rights and/or freedoms, or where the data is related to criminal convictions or offences.

10. Privacy Impact Assessments

We will carry out Privacy Impact Assessments to address the following areas of importance: We will carry out Privacy Impact Assessments to address the following areas of importance:

10.1 The purpose(s) for which personal data is being processed and the processing operations to be carried out on that data;

10.2 Details of the legitimate interests being pursued by us;

10.3 An assessment of the necessity and proportionality of the data processing with respect to the purpose(s) for which it is being processed;

10.4 An assessment of the risks posed to individual data subjects; and

10.5 Details of the measures in place to minimize and handle risks including safeguards, data security, and other measures and mechanisms to ensure the protection of personal data, sufficient to demonstrate compliance with the Regulation.

11. The Rights of Data Subjects

The Regulation sets out the following rights applicable to data subjects:

  1. The right to be informed;
  2. The right of access;
  3. The right to rectification;
  4. The right to erasure (also known as the ‘right to be forgotten’);
  5. The right to restrict processing;
  6. The right to data portability;
  7. The right to object;
  8. Rights with respect to automated decision-making.

12. Data Subject Access

12.1 You may make a subject access request (“SAR”) at any time to find out more about the personal data which we hold about them. We normally required to respond to SARs within one month of receipt (this can be extended by up to two months in the case of complex and/or numerous requests, and in such cases you will be informed of the need for the extension).

12.2 We do not charge a fee for the handling of normal SARs. We reserve the right to charge reasonable fees for additional copies of information that has already been supplied to you, and for requests that are manifestly unfounded or excessive, particularly where such requests are repetitive.

13. Rectification of Personal Data

13.1 If you inform us that personal data held by us is inaccurate or incomplete, requesting that it be rectified, the personal data in question shall be rectified, and you will be informed of that rectification, within one month of receipt the your notice (this can be extended by up to two months in the case of complex requests, and in such cases you will be informed of the need for the extension).

13.2 In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of any rectification of that personal data.

14. Erasure of Personal Data

14.1 You may request that we erase the personal data we hold about you in the following circumstances:

  1. It is no longer necessary for us to hold that personal data with respect to the purpose for which it was originally collected or processed;
  2. You wish to withdraw your consent to us holding and processing your personal data;
  3. You object to us holding and processing your personal data (and there is no overriding legitimate interest to allow us to continue doing so) (see Part 18 of this Privacy Policy for further details concerning data subjects’ rights to object);
  4. The personal data has been processed unlawfully;
  5. The personal data needs to be erased in order for us to comply with a particular legal obligation.

14.2 Unless we have reasonable grounds to refuse to erase personal data, all requests for erasure shall be complied with, and you will be informed of the erasure, within one month of receipt of your request (this can be extended by up to two months in the case of complex requests, and in such cases you will be informed of the need for the extension).

14.3 In the event that any personal data that is to be erased in response to your request has been disclosed to third parties, those parties shall be informed of the erasure (unless it is impossible or would require disproportionate effort to do so).

15. Restriction of Personal Data Processing

15.1 You may request that we cease processing the personal data we hold about you. If you make such a request, we will retain only the amount of personal data pertaining to you that is necessary to ensure that no further processing of your personal data takes place.

15.2 In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of the applicable restrictions on processing it (unless it is impossible or would require disproportionate effort to do so).

16. Data Portability

16.1 Where you have given your consent to us to process your personal data in such a manner or the processing is otherwise required for the performance of a contract between us and you, you have a right to receive a copy of your personal data and to use it for other purposes (namely transmitting it to other data controllers, e.g. other organizations).

16.2 To facilitate the right of data portability, we will make available all applicable personal data to data subjects in the following formats:

  1. PDF, DOCX, XML, EML, JPEG, CSV;

16.3 Where technically feasible, if requested by you, personal data shall be sent directly to another data controller.

16.4 All requests for copies of personal data shall be complied with within one month of your request (this can be extended by up to two months in the case of complex requests in the case of complex or numerous requests, and in such case you will be informed of the need for the extension).

17. Objections to Personal Data Processing

17.1 You have the right to object to us processing your personal data based on legitimate interests (including profiling), direct marketing (including profiling), and processing for scientific and/or historical research and statistics purposes.

17.2 If you object to us processing your personal data based on your legitimate interests, we will cease such processing forthwith, unless it can be demonstrated that our legitimate grounds for such processing; or the processing is necessary for the conduct of legal claims.

17.3 Where you object to us processing your personal data for direct marketing purposes, we will cease such processing forthwith.

18. Automated Decision-Making

18.1 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 data subjects, data subjects have the right to challenge to such decisions under the Regulation, requesting human intervention, expressing their own point of view, and obtaining an explanation of the decision from us.

18.2 The right described in Part 18.1 does not apply in the following circumstances:

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

19. Personal Data

The following personal data may be collected, held, and processed by us:

  1. Full name;
  2. Full Physical Address;
  3. Date of Birth;
  4. Place of Birth;
  5. Telephone, fax and email;
  6. Nationality;
  7. Occupation;
  8. Passport Number;
  9. Birth Certificate;
  10. Driving License Number;
  11. National Insurance or ID Number;
  12. Bank Account Number.

20. Data Protection Measures

We will ensure that, to the extent possible and practicable that we comply with the following when working with personal data and that the following measures are taken with respect to the collection, holding, and processing of personal data:

  1. All employees, agents, contractors, or other parties working on behalf of us will be made fully aware of both their individual responsibilities and Arcapita Groups’ responsibilities under this Privacy Policy, and shall be provided with a copy of this Privacy Policy;
  2. Only employees, agents, sub-contractors, or other parties working on our behalf that need access to, and use of, personal data in order to carry out their assigned duties correctly shall have access to personal data held by us;
  3. All employees, agents, contractors, or other parties working on our behalf handling personal data will be appropriately trained to do so;
  4. All employees, agents, contractors, or other parties working on our behalf handling personal data will be appropriately supervised;
  5. Methods of collecting, holding and processing personal data shall be regularly evaluated and reviewed;
  6. The performance of those employees, agents, contractors, or other parties working on our behalf handling personal data shall be regularly evaluated and reviewed;
  7. All employees, agents, contractors, or other parties working on our behalf handling personal data will be bound to do so in accordance with the principles of the Regulation and this Privacy Policy by contract;
  8. All agents, contractors, or other parties working on our behalf handling personal data must ensure that any and all of their employees who are involved in the processing of personal data are held to the same conditions as those of our relevant employees arising out of this Privacy Policy and the Regulation.

21. Organizational Measures

We will ensure that the following measures are taken with respect to the collection, holding, and processing of personal data:

  1. All employees, agents, contractors, or other parties working on our behalf will be made fully aware of both their individual responsibilities and Arcapita Group’s responsibilities under the Regulation and under this Privacy Policy, and shall be provided with a copy of this Privacy Policy;
  2. Only employees, agents, sub-contractors, or other parties working on our behalf that need access to, and use of, personal data in order to carry out their assigned duties correctly shall have access to personal data held by us;
  3. All employees, agents, contractors, or other parties handling personal data on our behalf will be appropriately trained to do so;
  4. All employees, agents, contractors, or other parties handling personal data on our behalf will be appropriately supervised;
  5. Methods of collecting, holding and processing personal data shall be regularly evaluated and reviewed;
  6. The performance of those employees, agents, contractors, or other parties handling personal data on our behalf will be regularly evaluated and reviewed;
  7. All employees, agents, contractors, or other parties handling personal data on our behalf will be bound to do so in accordance with the principles of the Regulation and this Privacy Policy by contract;
  8. All agents, contractors, or other parties handling personal data on our behalf must ensure that any and all of their employees who are involved in the processing of personal data are held to the same conditions as those relevant to our employees arising out of this Policy and the Regulation;
  9. Where any agent, contractor or other party handling personal data on our behalf fails in their obligations under this Policy that party shall indemnify and hold harmless the Arcapita Group against any costs, liability, damages, loss, claims or proceedings which may arise out of that failure.

22. Cross Border Transfer of Personal Data

As we have operations in multiple jurisdictions and work with service providers in various jurisdictions, by consenting to us collecting and processing your personal data, you understand that we store, or transfer your personal data to jurisdictions within and outside of the European Economic Area (EEA). Accordingly, we will safeguard that your personal data is at all times stored and processed in accordance with this Privacy Policy to ensure the standards of the Regulations are applied to the storage and processing of your personal data.

23. Changes to this Privacy Policy

We reserve the right to change this Privacy Policy at any time. This version of the Privacy Policy was last updated in December 2021.

Any material changes will be notified by way of email or will be effective from the date they are published on our website.

24. Contact Information

If you would like to get in touch regarding your personal data, you can contact us at the numbers provided under the Contact section of our website.