Privacy Policy
Last updated: 4 May 2018
Introduction
This privacy statement explains what personal data Torstone collects from you, through our interactions with you and through our solutions and services, and how we use that data. Torstone is a leading global provider of cross-asset securities and derivatives post-trade processing technology targeted towards Side-Side firms.
This statement describes how we collect, use and process your personal data, and how, in doing so, we comply with our legal obligations to you. Your privacy is important to us, and we are committed to protecting and safeguarding your data privacy rights.
This Privacy Policy applies to the personal data of our Website Users, Clients, Suppliers, and other people whom we may contact. It also applies to the emergency contacts of our Staff. To be clear, if you are a member of Torstone Staff, you should refer to the Torstone Staff Privacy Policy.
For the purpose of applicable data protection legislation (including but not limited to the General Data Protection Regulation (Regulation (EU) 2016/679) (the “GDPR”), the company responsible for your personal data (“Torstone” or “us”) can be found on Annex 1.
It is important to point out that we may amend this Privacy Policy from time to time. Please just visit this page if you want to stay up to date, as we will post any changes here.
If you are dissatisfied with any aspect of our Privacy Policy, you may have legal rights and, where relevant, we have described these as well.
This Privacy Policy applies in relevant countries throughout our international network. Different countries may approach data privacy in slightly different ways and so we also have country-specific parts to this Privacy Policy. You can find country-specific terms for your jurisdiction here. This allows us to ensure that we’re complying with all applicable data privacy protections, no matter where you are.
What kind of personal information do we collect?
To provide the best post-trade solutions and provide you with the latest post-trade insights that are tailored to you, we need to gather certain information about you. We only ask for details that will genuinely help us to help you, such as your name, job title, email address, and contact details. The information described below is, of course, in addition to any personal data we are required by law to process in any given situation.
PROSPECT DATA: Depending on the relevant circumstances and applicable local laws and requirements, we may collect some or all of the information listed below to enable us to offer the right solution and services that are tailored to your circumstances and your interests. In some jurisdictions, we are restricted from processing some of the data outlined below. In such cases, we will not process the data in those jurisdictions:
– Full Name;
– Job title;
– Email address;
– Company Name;
– Phone number;
– Contact details;
– Extra information that you choose to tell us;
– IP address;
– The dates, times and frequency with which you access our services; and
– CCTV footage if you attend our premises.
Please note that the above list of categories of personal data we may collect is not exhaustive.
To the extent that you access our webste we will also collect certain data from you.
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CLIENT DATA: The data we collect about Clients is actually very limited. We generally only need to have your contact details or the details of individual contacts at your organisation (such as their names, titles, telephone numbers and email addresses) to enable us to ensure that our relationship runs smoothly. We also hold information relating to your online/offline engagement and other material published by Torstone, which we use to ensure that our marketing communications to you are relevant and timely. We may also hold extra information that someone in your organisation has chosen to tell us. In certain circumstances, such as when you engage with our Finance team, our calls with you may be recorded, depending on the applicable local laws and requirements. If we need any additional personal data for any reason, we will let you know.
To the extent that you access our website we will also collect certain data from you.
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SUPPLIER DATA: We don’t collect much data about Suppliers – we simply need to make sure that our relationship runs smoothly. We’ll collect the details for our contacts within your organisation, such as names, telephone numbers and email addresses. We’ll also collect bank details, so that we can pay you. We may also hold extra information that someone in your organisation has chosen to tell us. In certain circumstances, such as when you engage with our Finance and Debt Recovery teams, our calls with you may be recorded, depending on the applicable local laws and requirements.
To the extent that you access our website we will also collect certain data from you.
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PEOPLE WHOSE DATA WE RECEIVE FROM STAFF AND PROSPECTIVE MEMBERS OF STAFF, SUCH AS REFEREES AND EMERGENCY CONTACTS: All we need from referees is confirmation of what you already know about our prospective member of Staff, so that they can secure the job they really want at Torstone. Emergency contact details give us somebody to call on in an emergency. To ask for a reference, we’ll obviously need the referee’s contact details (such as name, email address and telephone number). We’ll also need these details if our Candidate or a member of our Staff has put you down as their emergency contact so that we can contact you in the event of an accident or an emergency.
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WEBSITE USERS: We collect a limited amount of data from our Website Users which we use to help us to improve your experience when using our website and to help us manage the services we provide. This includes information such as how you use our website, the frequency with which you access our website, your browser type, the location you view our website from, the language you choose to view it in and the times that our website is most popular. If you contact us via the website, for example by using the marketing form, we will collect any information that you provide to us, for example your name and contact details.
How do we collect your personal data?
PROSPECT DATA: We collect personal data in three primary ways:
1. Personal data that you give to us;
2. Personal data that we receive from other sources; and
3. Personal data that we collect automatically.
Personal data you give to us
Torstone needs to know certain information about you in order to provide a tailored service. This will enable us to provide you with the best post-trade solutions, and should save you time in not having to trawl through information about services that are not relevant to you.
There are numerous ways you can share your information with us. It all depends on what suits you. These may include:
– Entering your details on the Torstone website or via an application form, Contact us page;
– Leaving your business card at a Torstone event, industry event, or office;
– Emailing your contact details through email campaigns, marketing webinars;
– Emailing your CV to Torstone for being considered for an interview process;
– Applying for jobs through a job aggregator, which then redirects you to the Torstone website;
– Entering your personal details into a Torstone microsite; or
– Entering a competition, polling process through a social media channel such as LinkedIn or Twitter.
Personal data we receive from other sources
We also receive personal data about prospects from other sources. Depending on the relevant circumstances and applicable local laws and requirements, these may include personal data received in the following situations:
– Your referees may disclose personal information about you;
– Our Clients may share personal information about you with us;
– We may obtain information about you from searching for potential Candidate from third party sources, such as LinkedIn, data providers and other job sites;
– If you ‘follow’ our page on LinkedIn or ‘follow’ us on Twitter we will receive your personal information from those sites; and
– If you were referred to us through a supplier, they may share personal information about you with us.Personal data we collect automatically
To the extent that you access our website or read or click on an email from us, where appropriate and in accordance with any local laws and requirements, we may also collect your data automatically or through you providing it to us.
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CLIENT DATA: We collect Client personal data in three ways:
1. Personal data that we receive directly from you;
2. Personal data that we receive from other sources; and
3. Personal data that we collect automatically.
Personal data that we receive directly from you
We both share the same goal – to make sure that you receive the best service for your organisation. We will receive data directly from you in two ways:
– Where you contact us proactively, usually by phone or email; and/or
– Where we contact you, either by phone or email, or through our customer service and implementation teams, and business development activities more generally.
Personal data we receive from other sources
Where appropriate and in accordance with any local laws and requirements, we may seek more information about you or your colleagues from other sources generally by way of due diligence or other market intelligence including:
– From third party market research and by analysing online and offline media (which we may do ourselves, or employ other organisations to do for us);
– From delegate lists at relevant events; and
– From other limited sources and third parties.
Personal data we collect via our website
To the extent that you access our website or read or click on an email from us, where appropriate and in accordance with any local laws and requirements, we may also collect your data automatically or through you providing it to us.
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WEBSITE USERS: When you visit our website there is certain information that we may automatically collect, whether or not you decide to use our services. This includes your IP address, the date and the times and frequency with which you access the website and the way you browse its content. We will also collect data from you when you contact us via the website, for example Contact Us page.
We collect your data automatically via cookies, in line with cookie settings in your browser. If you are also a Prospect or Client of Torstone, we may use data from your use of our websites to enhance other aspects of our communications with or service to you. If you would like to find out more about cookies, including how we use them and what choices are available to you, please click here.
How do we use your personal data?
Having obtained data about you, we then use it in a number of ways.
PROSPECT DATA: We generally use Prospect data in following ways:
– Post-trade technology sales Activities;
– Marketing Activities;
– Recruitment Activities;
– Equal Opportunities Monitoring; and
– To help us to establish, exercise or defend legal claims.
Here are some more details about each:
Post-trade Activities
Our main area of work is as a post-trade technology provider, through: (i) providing you with post-trade operational technology solutions; (ii) and IT consulting services. We’ve listed below the various ways in which we use your data in order to facilitate this.
– Storing your details (and updating them when necessary) on our database, so that we can contact you in relation to post-trade activities;
– Keeping records of our conversations and meetings, so that we can provide targeted services to you;
– Processing your data for the purpose of targeting appropriate marketing campaigns.
We may use your personal data for these purposes if we deem this to be necessary for our legitimate interests.
Marketing Activities
We may periodically send you information that we think you may find interesting and relevant. In particular, we may wish to use your data for the purposes listed below, where appropriate and in accordance with any local laws and requirements. Please note that this list is not exhaustive. To:
– enable us to develop and market our products and services;
– market our full range of post-trade solutions to you;
– send you details of reports, market insights, product announcements, news releases, networking and client events, and general information about the industry sectors which we think might be of interest to you;
– display promotional excerpts from your details on Torstone website(s) as a success story (only where we have obtained your express consent to do so); and
– provide you with information about certain promotion and offers that you are eligible for by virtue of your relationship with Torstone.
We need your consent for some aspects of these activities which are not covered by our legitimate interests (in particular, the collection of data via cookies, and the delivery of direct marketing to you through digital channels) and, depending on the situation, we’ll ask for this via an opt-in or soft-opt-in (which we explain further below). Please note that in certain of the jurisdictions in which we operate, we comply with additional local law requirements. For more information in relation to your jurisdiction, please click here.
Soft opt-in consent is a specific type of consent which applies where you have previously engaged with us and we are marketing post-trade services. Under ‘soft opt-in’ consent, we will take your consent as given unless or until you opt out. For other types of e-marketing, we are required to obtain your explicit consent.
If you want to know more about how we obtain consent, please click here.
If you are not happy about our approach to marketing, you have the right to withdraw your consent at any time and can find out more about how to do so here. Nobody’s perfect, even though we try to be. We want to let you know that even if you have opted out from our marketing communications through our marketing preference centre, it is possible that your details may be recaptured through public sources in an unconnected marketing campaign. We will try to make sure this doesn’t happen, but if it does, we’re sorry. We’d just ask that in those circumstances you opt out again.
All our marketing is based on what we think will serve our Clients and Prospects best, but we know we won’t always get it right for everyone. We may use your data to show you Torstone adverts and other content on other websites, for example LinkedIn, Twitter. If you do not want us to use your data in this way, please turn off the “Advertising Cookies” option (please refer to our Cookies Policy). Even where you have turned off advertising cookies, it is still possible that you may see a Torstone advert, but in this case it won’t have been targeted at you personally, but rather at an anonymous audience.
Recruitment Activities
The purpose is connecting the right Candidates with the right open jobs at Torstone. We’ve listed below various ways in which we may use and process your personal data for this purpose, where appropriate and in accordance with any local laws and requirements. Please note that this list is not exhaustive.
– Collecting your data from you and other sources, such as recruitment agencies, LinkedIn;
– Storing your details (and updating them when necessary) on our database, so that we can contact you in relation to recruitment;
– To facilitate the recruitment process and to assess your eligibility for jobs;
– Assessing data about you against vacancies that we think may be suitable for you;
– Carrying out our obligations arising from any contracts entered into between us;
– Carrying out our obligations arising from any contracts entered into between Torstone and third parties in relation to your recruitment;
– Facilitating our payroll and invoicing processes;
– Verifying details you have provided, using third party resources (such as psychometric evaluations or skills tests), or to request information (such as references, qualifications and potentially any criminal convictions, to the extent that this is appropriate and in accordance with local laws);
– Complying with our legal obligations in connection with the detection of crime or the collection of taxes or duties; and
We may use your personal data for the above purposes if we deem it necessary to do so for our legitimate interests.
If you are not happy about this, in certain circumstances you have the right to object and can find out more about how and when to do this here.
Please note that in certain of the jurisdictions in which we operate, we comply with additional local law requirements. For more information in relation to your jurisdiction, please click here.
Equal opportunities monitoring and other sensitive personal data
We are committed to ensuring that our recruitment processes are aligned with our approach to equal opportunities. Some of the data we may (in appropriate circumstances and in accordance with local law and requirements) collect about you comes under the umbrella of “diversity information”. This could be information about your ethnic background, gender, disability, age, sexual orientation, religion or other similar beliefs, and/or social-economic background. Where appropriate and in accordance with local laws and requirements, we’ll use this information on an anonymised basis to monitor our compliance with our equal opportunities policy. We may also disclose this (suitably anonymised where relevant) data to Clients where this is contractually required or the Client specifically requests such information to enable them to comply with their own employment processes.
This information is what is called ‘sensitive’ personal information and slightly stricter data protection rules apply to it. We therefore need to obtain your explicit consent before we can use it. We’ll ask for your consent by offering you an opt-in. This means that you have to explicitly and clearly tell us that you agree to us collecting and using this information.
We may collect other sensitive personal data about you, such as health-related information, religious affiliation, or details of any criminal convictions if this is appropriate in accordance with local laws and is required for a role that you are interested in applying for. We will never do this without your explicit consent.
If you would like to find out more about consent, please click here. Please note that in certain of the jurisdictions in which we operate, different rules apply to this sensitive data. For more information in relation to your jurisdiction, please click here.
If you are not happy about this, you have the right to withdraw your consent at any time and you can find out how to do so here.
To help us to establish, exercise or defend legal claims
In more unusual circumstances, we may use your personal data to help us to establish, exercise or defend legal claims.
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CLIENT DATA: We use Client information for:
– Customer Service Support Activities;
– Marketing Activities; and
– To help us to establish, exercise or defend legal claims.
Here are some more details about each:
Post-trade Activities
Obviously, our main area of work is as a post-trade technology provider, through: (i) providing you with post-trade operational technology solutions; (ii) and IT consulting services. We’ve listed below the various ways in which we use your data in order to facilitate this.
– Storing your details (and updating them when necessary) on our database, so that we can contact you in relation to post-trade activities;
– Keeping records of our conversations and meetings, so that we can provide targeted services to you;
– Undertaking customer satisfaction surveys; and
– Processing your data for the purpose of targeting appropriate marketing campaigns.
We may use your personal data for these purposes if we deem this to be necessary for our legitimate interests. If you would like to know more about what this means, please click here.
If you are not happy about this, in certain circumstances you have the right to object and can find out more about how and when to do this here.
Marketing Activities
Subject to any applicable local laws and requirements, we will not, as a matter of course, seek your consent when sending marketing materials such as our post-trade market insights, quarterly newsletter to your email address.
If you are not happy about this, you have the right to opt out of receiving marketing materials from us and can find out more about how to do so here.
Please note that in certain of the jurisdictions in which we operate, we comply with additional local law requirements regarding marketing activities. For more information in relation to your jurisdiction, please click here.
To help us to establish, exercise or defend legal claims.
In more unusual circumstances, we may use your personal data to help us to establish, exercise or defend legal claims.
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SUPPLIER DATA: We realise that you’re probably busy, and don’t want us to be contacting you about all sorts of things. To find the right balance, we will only use your information:
– To store (and update when necessary) your details on our database, so that we can contact you in relation to our agreements;
– To offer services to you or to obtain support and services from you;
– To perform certain legal obligations;
– To help us to target appropriate marketing campaigns; and
– In more unusual circumstances, to help us to establish, exercise or defend legal claims.
We may use your personal data for these purposes if we deem this to be necessary for our legitimate interests. If you want to know more about what this means, please click here.
We will not, as a matter of course, seek your consent when sending marketing messages to a corporate postal or email address.
If you are not happy about this, in certain circumstances you have the right to object and can find out more about how to do so here.
Please note that in certain of the jurisdictions in which we operate, we comply with additional local law requirements For more information in relation to your jurisdiction, please click here.
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PEOPLE WHOSE DATA WE RECEIVE FROM STAFF AND PROSPECTIVE MEMBERS OF STAFF, SUCH AS REFEREES AND EMERGENCY CONTACTS: We will only use the information that our prospective member of Staff or Staff members gives us about you for the following purposes:
– If our prospective member of Staff or Staff members put you down on our form as an emergency contact, we’ll contact you in the case of an accident or emergency affecting them; or
– If you were put down by our prospective member of Staff as a referee, we will contact you in order to take up a reference. This is an important part of our Candidate quality assurance process, and could be the difference between the individual getting a job or not.
– If you were put down by our prospective member of Staff as a referee, we may sometimes use your details to contact you in relation to recruitment activities that we think may be of interest to you, in which case we will use your data for the same purposes for which we use the data of Clients.
We may use your personal data for these purposes if we deem this to be necessary for our legitimate interests.
If you are not happy about this, you have the right to object and can find out more about how to do so here.
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WEBSITE USERS: We use your data to help us to improve your experience of using our website. If you would like to find out more about cookies, including how we use them and what choices are available to you, please click here.
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Who do we share your personal data with?
Where appropriate and in accordance with local laws and requirements, we may share your personal data, in various ways and for various reasons, with the following categories of people:
– Third party service providers who perform functions on our behalf (including external consultants, business associates and professional advisers such as lawyers, auditors and accountants, technical support functions and IT consultants carrying out testing and development work on our business technology systems);
– Third party outsourced IT and document storage providers where we have an appropriate processing agreement (or similar protections) in place;
– Marketing technology platforms and suppliers;
– Individuals and organisations who hold information related to your reference or application to work with us, such as current, past or prospective employers, educators and examining bodies and employment and recruitment agencies;
– Tax, audit, or other authorities, when we believe in good faith that the law or other regulation requires us to share this data (for example, because of a request by a tax authority or in connection with any anticipated litigation);
– In the case of prospective members of Staff’s referees: third parties who we have retained to provide services such as reference, qualification and criminal convictions checks, to the extent that these checks are appropriate and in accordance with local laws;
– If Torstone merges with or is acquired by another business or company in the future, (or is in meaningful discussions about such a possibility) we may share your personal data with the (prospective) new owners of the business or company.
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How do we safeguard your personal data?
We are committed to taking all reasonable and appropriate steps to protect the personal information that we hold from misuse, loss, or unauthorised access. We do this by having in place a range of appropriate technical and organisational measures. These include measures to deal with any suspected data breach.
If you suspect any misuse or loss of or unauthorised access to your personal information please let us know immediately. Details of how to contact us can be found on Annex 1.
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How long do we keep your personal data for?
We will Delete your personal data from our systems if we have not had any meaningful contact with you (or, where appropriate, the company you are working for or with) for two years (or for such longer period as we believe in good faith that the law or relevant regulators require us to preserve your data). After this period, it is likely your data will no longer be relevant for the purposes for which it was collected.
For those clients whose services are provided via a third party company or other entity, “meaningful contact” with you means meaningful contact with the company or entity which supplies your services. Where we are notified by such company or entity that it no longer has that relationship with you, we will retain your data for no longer than two years from that point or, if later, for the period of two years from the point we subsequently have meaningful contact directly with you.
When we refer to “meaningful contact”, we mean, for example, communication between us (either verbal or written), or where you are actively engaging with our post-trade services. If you are a prospect we will consider there to be meaningful contact with you if you submit your contact details online onto our website or via email campaign or offline during events or meetings. We will also consider it meaningful contact if you communicate with us, either by verbal or written communication or click through from any of our marketing communications. Your receipt, opening or reading of an email or other digital message from us will not count as meaningful contact – this will only occur in cases where you click-through or reply directly.
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How can you access, amend or take back the personal data that you have given to us?
One of the GDPR’s main objectives is to protect and clarify the rights of EU citizens and individuals in the EU with regards to data privacy. This means that you retain various rights in respect of your data, even once you have given it to us. These are described in more detail below.
To get in touch about these rights, please contact us. We will seek to deal with your request without undue delay, and in any event within one month (subject to any extensions to which we are lawfully entitled). Please note that we may keep a record of your communications to help us resolve any issues which you raise.
Right to object: this right enables you to object to us processing your personal data where we do so for one of the following four reasons: (i) our legitimate interests; (ii) to enable us to perform a task in the public interest or exercise official authority; (iii) to send you direct marketing materials; and (iv) for scientific, historical, research, or statistical purposes.
The “legitimate interests” and “direct marketing” categories above are the ones most likely to apply to our Website Users, Prospects, Clients and Suppliers. If your objection relates to us processing your personal data because we deem it necessary for your legitimate interests, we must act on your objection by ceasing the activity in question unless:
– we can show that we have compelling legitimate grounds for processing which overrides your interests; or
– we are processing your data for the establishment, exercise or defence of a legal claim.
If your objection relates to direct marketing, we must act on your objection by ceasing this activity.
Right to withdraw consent: Where we have obtained your consent to process your personal data for certain activities (for example, for our marketing arrangements or automatic profiling), you may withdraw this consent at any time and we will cease to carry out the particular activity that you previously consented to unless we consider that there is an alternative reason to justify our continued processing of your data for this purpose in which case we will inform you of this condition.
Data Subject Access Requests (DSAR): You may ask us to confirm what information we hold about you at any time, and request us to modify, update or Delete such information. We may ask you to verify your identity and for more information about your request. If we provide you with access to the information we hold about you, we will not charge you for this unless your request is “manifestly unfounded or excessive”. If you request further copies of this information from us, we may charge you a reasonable administrative cost where legally permissible. Where we are legally permitted to do so, we may refuse your request. If we refuse your request we will always tell you the reasons for doing so.
Please note that in certain of the jurisdictions in which we operate, we comply with additional local law requirements regarding data subject access requests and may refuse your request in accordance with such laws. For more information in relation to your jurisdiction, please click here.
Right to erasure: You have the right to request that we erase your personal data in certain circumstances. Normally, the information must meet one of the following criteria:
– the data are no longer necessary for the purpose for which we originally collected and/or processed them;
– where previously given, you have withdrawn your consent to us processing your data, and there is no other valid reason for us to continue processing;
– the data has been processed unlawfully (i.e. in a manner which does not comply with the GDPR);
– it is necessary for the data to be erased in order for us to comply with our legal obligations as a data controller; or
– if we process the data because we believe it necessary to do so for our legitimate interests, you object to the processing and we are unable to demonstrate overriding legitimate grounds for our continued processing.
Please note that in certain of the jurisdictions in which we operate, we comply with additional local law requirements regarding data subject right to erasure and may refuse your request in accordance with local laws. For more information in relation to your jurisdiction, please click here.
We would only be entitled to refuse to comply with your request for one of the following reasons:
– to exercise the right of freedom of expression and information;
– to comply with legal obligations or for the performance of a public interest task or exercise
of official authority;
– for public health reasons in the public interest;
– for archival, research or statistical purposes; or
– to exercise or defend a legal claim.
When complying with a valid request for the erasure of data we will take all reasonably practicable steps to Delete the relevant data.
Right to restrict processing: You have the right to request that we restrict our processing of your personal data in certain circumstances. This means that we can only continue to store your data and will not be able to carry out any further processing activities with it until either: (i) one of the circumstances listed below is resolved; (ii) you consent; or (iii) further processing is necessary for either the establishment, exercise or defence of legal claims, the protection of the rights of another individual, or reasons of important EU or Member State public interest.
The circumstances in which you are entitled to request that we restrict the processing of your personal data are:
– where you dispute the accuracy of the personal data that we are processing about you. In this case, our processing of your personal data will be restricted for the period during which the accuracy of the data is verified;
– where you object to our processing of your personal data for our legitimate interests. Here, you can request that the data be restricted while we verify our grounds for processing your personal data;
– where our processing of your data is unlawful, but you would prefer us to restrict our processing of it rather than erasing it; and
– where we have no further need to process your personal data but you require the data to establish, exercise, or defend legal claims.
If we have shared your personal data with third parties, we will notify them about the restricted processing unless this is impossible or involves disproportionate effort. We will, of course, notify you before lifting any restriction on processing your personal data.
Right to rectification: You also have the right to request that we rectify any inaccurate or incomplete personal data that we hold about you. If we have shared this personal data with third parties, we will notify them about the rectification unless this is impossible or involves disproportionate effort. Where appropriate, we will also tell you which third parties we have disclosed the inaccurate or incomplete personal data to. Where we think that it is reasonable for us not to comply with your request, we will explain our reasons for this decision.
Right of data portability: If you wish, you have the right to transfer your personal data between data controllers. In effect, this means that you are able to transfer your Torstone account details to another online platform. To allow you to do so, we will provide you with your data in a commonly used machine-readable format that is password-protected so that you can transfer the data to another online platform. Alternatively, we may directly transfer the data for you. This right of data portability applies to: (i) personal data that we process automatically (i.e. without any human intervention); (ii) personal data provided by you; and (iii) personal data that we process based on your consent or in order to fulfil a contract.
Right to lodge a complaint with a supervisory authority: You also have the right to lodge a complaint with your local supervisory authority. Details of how to contact them can be found on Annex 2.
If you would like to exercise any of these rights, or withdraw your consent to the processing of your personal data (where consent is our legal basis for processing your personal data), details of how to contact us can be found here. Please note that we may keep a record of your communications to help us resolve any issues which you raise.
It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during the period for which we hold your data.
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Who is responsible for processing your personal data on the Torstone website?
Torstone is responsible for processing your personal data.
If you have any comments or suggestions concerning this Privacy Policy please follow email enquiries@torstonetech.com. We take privacy seriously so we’ll get back to you as soon as possible.
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How do we store and transfer your data internationally?
So you want to know more about how we store and transfer your data internationally? In order to provide you with the best service and to carry out the purposes described in this Privacy Policy, your data may be transferred:
– between and within Torstone entities;
– to third parties (such as advisers or other Suppliers to the Torstone business);
– to overseas Clients;
– to Clients within your country who may, in turn, transfer your data internationally;
– to a cloud-based storage provider; and
– to other third parties.
We want to make sure that your data are stored and transferred in a way which is secure. We will therefore only transfer data outside of the European Economic Area or EEA (i.e. the Member States of the European Union, together with Norway, Iceland and Liechtenstein) where it is compliant with data protection legislation and the means of transfer provides adequate safeguards in relation to your data, for example:
– by way of data transfer agreement, incorporating the current standard contractual clauses adopted by the European Commission for the transfer of personal data by data controllers in the EEA to data controllers and processors in jurisdictions without adequate data protection laws; or
– by signing up to the EU-U.S. Privacy Shield Framework for the transfer of personal data from entities in the EU to entities in the United States of America or any equivalent agreement in respect of other jurisdictions; or
– transferring your data to a country where there has been a finding of adequacy by the European Commission in respect of that country’s levels of data protection via its legislation; or
– where it is necessary for the conclusion or performance of a contract between ourselves and a third party and the transfer is in your interests for the purposes of that contract (for example, if we need to transfer data outside the EEA in order to meet our obligations under that contract if you are a Client of ours); or
– where you have consented to the data transfer.
To ensure that your personal information receives an adequate level of protection, we have put in place appropriate procedures with the third parties we share your personal data with to ensure that your personal information is treated by those third parties in a way that is consistent with and which respects the law on data protection.
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Our legal bases for processing your data
LEGITIMATE INTERESTS
Article 6(1)(f) of the GDPR is the one that is relevant here – it says that we can process your data where it “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 interests or fundamental rights or freedoms of [you] which require protection of personal data.”
We don’t think that any of the following activities prejudice individuals in any way – in fact, they help us to offer you a more tailored, efficient service, so everyone’s a winner! However, you do have the right to object to us processing your personal data on this basis. If you would like to know more about how to do so, please click here.
Please note that in certain of the jurisdictions in which we operate, a different legal basis for data processing might apply in certain cases. For more information in relation to your jurisdiction, please click here.
PROSPECT DATA:
We think it’s reasonable to expect that if you are looking for post-trade solution or have submitted your contact details (online or offline), you are happy for us to collect and otherwise use your personal data to offer you a tailored solution.
We want to provide you with tailored post-trade market insights and relevant articles to read to help you find the right back-office solution. We therefore think it’s reasonable for us to process your data to make sure that we send you the most appropriate content.
We have our own obligations under the law, which it is a legitimate interest of ours to insist on meeting! If we believe in good faith that it is necessary, we may therefore share your data in connection with crime detection, tax collection or actual or anticipated litigation.
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CLIENT DATA:
To ensure that we provide you with the best service possible, we store your personal data and/or the personal data of individual contacts at your organisation as well as keeping records of our conversations, meetings and marketing activities. From time to time, we may also ask you to undertake a customer satisfaction survey. We think this is reasonable – we deem these uses of your data to be necessary for our legitimate interests as an organisation providing various post-trade services to you.
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SUPPLIER DATA:
We use and store the personal data of individuals within your organisation in order to facilitate the receipt of services from you as one of our Suppliers. We also hold your financial details, so that we can pay you for your services. We deem all such activities to be necessary within the range of our legitimate interests as a recipient of your services.
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PEOPLE WHOSE DATA WE RECEIVE FROM STAFF AND PROSPECTIVE MEMBER OF STAFF, SUCH AS REFEREES AND EMERGENCY CONTACTS:
If you have been put down by a prospective member of Staff as one of their referees, we use your personal data in order to contact you for a reference. This is a part of our quality assurance procedure and so we deem this to be necessary for our legitimate interests as an organisation offering post-trade services and employing people ourselves.
If as a prospective member of Staff or Staff member has given us your details as an emergency contact, we will use these details to contact you in the case of an accident or emergency. We are sure you will agree that this is a vital element of our people-orientated organisation, and so is necessary for our legitimate interests.
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CONSENT
In certain circumstances, we are required to obtain your consent to the processing of your personal data in relation to certain activities. Depending on exactly what we are doing with your information, this consent will be opt-in consent or soft opt-in consent.
Article 4(11) of the GDPR states that (opt-in) consent is “any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.” In plain language, this means that:
– you have to give us your consent freely, without us putting you under any type of pressure;
– you have to know what you are consenting to – so we’ll make sure we give you enough information;
– you should have control over which processing activities you consent to and which you don’t. We provide these finer controls within our marketing preference centre; and
– you need to take positive and affirmative action in giving us your consent – we’re likely to provide a tick box for you to check so that this requirement is met in a clear and unambiguous fashion.
We will keep records of the consents that you have given in this way.
We have already mentioned that, in some cases, we will be able to rely on soft opt-in consent. We are allowed to market products or services to you which are related to the post-trade services we provide as long as you do not actively opt-out from these communications.
Please note that in certain of the jurisdictions in which we operate, we comply with additional local law requirements regarding consenting to receive marketing materials. For more information in relation to your jurisdiction, please click here.
As we have mentioned, you have the right to withdraw your consent to these activities. You can do so at any time, and details of how to do so can be found here.
ESTABLISHING, EXERCISING OR DEFENDING LEGAL CLAIMS
Sometimes it may be necessary for us to process personal data and, where appropriate and in accordance with local laws and requirements, sensitive personal data in connection with exercising or defending legal claims. Article 9(2)(f) of the GDPR allows this where the processing “is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity”.
This may arise for example where we need to take legal advice in relation to legal proceedings or are required by law to preserve or disclose certain information as part of the legal process.
ANNEX 1 – HOW TO CONTACT US
Country in which you use Torstone services or supply Torstone with services: UK
Torstone entity responsible for processing the personal data of Website Users: Torstone Technology Limited
The Torstone entity responsible for processing the personal data of Prospects, Clients, Suppliers, and the emergency contacts and referees of Prospective member of Staff and Torstone Staff.
How you can get in touch with us:
• to access, amend or take back the personal data that you have given to us;
• if you suspect any misuse or loss of or unauthorised access to your personal information;
• to withdraw your consent to the processing of your personal data (where consent is the legal basis on which we process your personal data);
• with any comments or suggestions concerning this Privacy Policy
You can write to us at the following address:
8 Lloyd’s Avenue, London, United Kingdom, EC3N 3EL
Alternatively, you can send an email to: enquiries@Torstonetech.com.
How you can get in touch with us to update your marketing preferences:
You can do this by updating your profile here.
Alternatively you can email us at: enquiries@Torstonetech.com or by clicking the unsubscribe link in any marketing e-mail we send to you.
ANNEX 2 – HOW TO CONTACT YOUR LOCAL SUPERVISORY AUTHORITY
Country in which you use Torstone services or supply Torstone with services: UK
Details of your local supervisory authority: The Information Commissioner’s Office. You can contact them in the following ways:
Phone: 0303 123 1113
Email: casework@ico.org.uk
Live chat.
Post: Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
ANNEX 3 – COUNTRY-SPECIFIC VARIATIONS TO OUR PRIVACY POLICY
PRIVACY POLICY TOPIC: TORSTONE PROCESSING OF YOUR SENSITIVE PERSONAL DATA
JURISDICTION: UK
COUNTRY-SPECIFIC LEGAL REQUIREMENT: Where your personal data are processed in accordance with the fair processing condition relating to our rights and obligations under employment and social security law, this relates to our processing of your personal data which is necessary for compliance with legal obligations (such as ensuring that we pay you statutory sick pay, comply with the statutory employment protections that you enjoy, comply with health and safety laws, and ensure that appropriate National Insurance contributions are made).
NOTE: THIS APPENDIX WILL BE UPDATED WHEN LOCAL IMPLEMENTING LAW HAS BEEN FINALISED
ANNEX 4 – COOKIES LIST
Cookie Name
Google Adwords User Lists
Google Analytics
GA Audiences
Google Tag Manager
Google Dynamic Remarketing
Google Adwords Conversion
Mailchimp
Leadlander
LinkedIn.com
Twitter.com
GLOSSARY
Clients – while it speaks for itself, this category covers our customers, clients, and others to whom Torstone provides services in the course of its business.
Delete – while we will endeavour to permanently erase your personal data once it reaches the end of its retention period or where we receive a valid request from you to do so, some of your data may still exist within our systems, for example if it is waiting to be overwritten. For our purposes, this data has been put beyond use, meaning that, while it still exists on an archive system, this cannot be readily accessed by any of our operational systems, processes or Staff.
General Data Protection Regulation (GDPR) – a European Union statutory instrument which aims to harmonise European data protection laws. It has an effective date of 25 May 2018, and any references to it should be construed accordingly to include any national legislation implementing it.
Other people whom Torstone may contact – these may include Prospects’ and Torstone Staff emergency contacts and referees. We will only contact them in appropriate circumstances.
Staff – includes employees engaged directly in the business of Torstone (or who have accepted an offer to be engaged) as well as certain other workers engaged in the business of providing services to Torstone (even though they are not classed as employees). For these purposes we also include employees of Torstone who are engaged to work on Clients’ premises under the terms of Torstone Employee agreements. These individuals are treated in the same way as Torstone employees are covered by this Privacy Policy. Likewise, independent contractors and consultants performing services for Torstone fall within the definition of a ‘Supplier’ for the purposes of this Privacy Policy.
Suppliers – refers to partnerships and companies (including sole traders), and a typical workers such as independent contractors and freelance workers, who provide services to Torstone. In certain circumstances Torstone will sub-contract the services it provides to Clients to third party suppliers who perform services on Torstone behalf.
Website Users – any individual who accesses any of the Torstone websites.
Introduction
This privacy statement explains what personal data Torstone collects from you, through our interactions with you and through our solutions and services, and how we use that data. Torstone is a leading global provider of cross-asset securities and derivatives post-trade processing technology targeted towards Side-Side firms.
This statement describes how we collect, use and process your personal data, and how, in doing so, we comply with our legal obligations to you. Your privacy is important to us, and we are committed to protecting and safeguarding your data privacy rights.
This Privacy Policy applies to the personal data of our Website Users, Clients, Suppliers, and other people whom we may contact. It also applies to the emergency contacts of our Staff. To be clear, if you are a member of Torstone Staff, you should refer to the Torstone Staff Privacy Policy.
For the purpose of applicable data protection legislation (including but not limited to the General Data Protection Regulation (Regulation (EU) 2016/679) (the “GDPR”), the company responsible for your personal data (“Torstone” or “us”) can be found on Annex 1.
It is important to point out that we may amend this Privacy Policy from time to time. Please just visit this page if you want to stay up to date, as we will post any changes here.
If you are dissatisfied with any aspect of our Privacy Policy, you may have legal rights and, where relevant, we have described these as well.
This Privacy Policy applies in relevant countries throughout our international network. Different countries may approach data privacy in slightly different ways and so we also have country-specific parts to this Privacy Policy. You can find country-specific terms for your jurisdiction here. This allows us to ensure that we’re complying with all applicable data privacy protections, no matter where you are.
What kind of personal information do we collect?
To provide the best post-trade solutions and provide you with the latest post-trade insights that are tailored to you, we need to gather certain information about you. We only ask for details that will genuinely help us to help you, such as your name, job title, email address, and contact details. The information described below is, of course, in addition to any personal data we are required by law to process in any given situation.
PROSPECT DATA: Depending on the relevant circumstances and applicable local laws and requirements, we may collect some or all of the information listed below to enable us to offer the right solution and services that are tailored to your circumstances and your interests. In some jurisdictions, we are restricted from processing some of the data outlined below. In such cases, we will not process the data in those jurisdictions:
– Full Name;
– Job title;
– Email address;
– Company Name;
– Phone number;
– Contact details;
– Extra information that you choose to tell us;
– IP address;
– The dates, times and frequency with which you access our services; and
– CCTV footage if you attend our premises.
Please note that the above list of categories of personal data we may collect is not exhaustive.
To the extent that you access our webste we will also collect certain data from you.
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CLIENT DATA: The data we collect about Clients is actually very limited. We generally only need to have your contact details or the details of individual contacts at your organisation (such as their names, titles, telephone numbers and email addresses) to enable us to ensure that our relationship runs smoothly. We also hold information relating to your online/offline engagement and other material published by Torstone, which we use to ensure that our marketing communications to you are relevant and timely. We may also hold extra information that someone in your organisation has chosen to tell us. In certain circumstances, such as when you engage with our Finance team, our calls with you may be recorded, depending on the applicable local laws and requirements. If we need any additional personal data for any reason, we will let you know.
To the extent that you access our website we will also collect certain data from you.
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SUPPLIER DATA: We don’t collect much data about Suppliers – we simply need to make sure that our relationship runs smoothly. We’ll collect the details for our contacts within your organisation, such as names, telephone numbers and email addresses. We’ll also collect bank details, so that we can pay you. We may also hold extra information that someone in your organisation has chosen to tell us. In certain circumstances, such as when you engage with our Finance and Debt Recovery teams, our calls with you may be recorded, depending on the applicable local laws and requirements.
To the extent that you access our website we will also collect certain data from you.
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PEOPLE WHOSE DATA WE RECEIVE FROM STAFF AND PROSPECTIVE MEMBERS OF STAFF, SUCH AS REFEREES AND EMERGENCY CONTACTS: All we need from referees is confirmation of what you already know about our prospective member of Staff, so that they can secure the job they really want at Torstone. Emergency contact details give us somebody to call on in an emergency. To ask for a reference, we’ll obviously need the referee’s contact details (such as name, email address and telephone number). We’ll also need these details if our Candidate or a member of our Staff has put you down as their emergency contact so that we can contact you in the event of an accident or an emergency.
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WEBSITE USERS: We collect a limited amount of data from our Website Users which we use to help us to improve your experience when using our website and to help us manage the services we provide. This includes information such as how you use our website, the frequency with which you access our website, your browser type, the location you view our website from, the language you choose to view it in and the times that our website is most popular. If you contact us via the website, for example by using the marketing form, we will collect any information that you provide to us, for example your name and contact details.
How do we collect your personal data?
PROSPECT DATA: We collect personal data in three primary ways:
1. Personal data that you give to us;
2. Personal data that we receive from other sources; and
3. Personal data that we collect automatically.
Personal data you give to us
Torstone needs to know certain information about you in order to provide a tailored service. This will enable us to provide you with the best post-trade solutions, and should save you time in not having to trawl through information about services that are not relevant to you.
There are numerous ways you can share your information with us. It all depends on what suits you. These may include:
– Entering your details on the Torstone website or via an application form, Contact us page;
– Leaving your business card at a Torstone event, industry event, or office;
– Emailing your contact details through email campaigns, marketing webinars;
– Emailing your CV to Torstone for being considered for an interview process;
– Applying for jobs through a job aggregator, which then redirects you to the Torstone website;
– Entering your personal details into a Torstone microsite; or
– Entering a competition, polling process through a social media channel such as LinkedIn or Twitter.
Personal data we receive from other sources
We also receive personal data about prospects from other sources. Depending on the relevant circumstances and applicable local laws and requirements, these may include personal data received in the following situations:
– Your referees may disclose personal information about you;
– Our Clients may share personal information about you with us;
– We may obtain information about you from searching for potential Candidate from third party sources, such as LinkedIn, data providers and other job sites;
– If you ‘follow’ our page on LinkedIn or ‘follow’ us on Twitter we will receive your personal information from those sites; and
– If you were referred to us through a supplier, they may share personal information about you with us.Personal data we collect automatically
To the extent that you access our website or read or click on an email from us, where appropriate and in accordance with any local laws and requirements, we may also collect your data automatically or through you providing it to us.
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CLIENT DATA: We collect Client personal data in three ways:
1. Personal data that we receive directly from you;
2. Personal data that we receive from other sources; and
3. Personal data that we collect automatically.
Personal data that we receive directly from you
We both share the same goal – to make sure that you receive the best service for your organisation. We will receive data directly from you in two ways:
– Where you contact us proactively, usually by phone or email; and/or
– Where we contact you, either by phone or email, or through our customer service and implementation teams, and business development activities more generally.
Personal data we receive from other sources
Where appropriate and in accordance with any local laws and requirements, we may seek more information about you or your colleagues from other sources generally by way of due diligence or other market intelligence including:
– From third party market research and by analysing online and offline media (which we may do ourselves, or employ other organisations to do for us);
– From delegate lists at relevant events; and
– From other limited sources and third parties.
Personal data we collect via our website
To the extent that you access our website or read or click on an email from us, where appropriate and in accordance with any local laws and requirements, we may also collect your data automatically or through you providing it to us.
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WEBSITE USERS: When you visit our website there is certain information that we may automatically collect, whether or not you decide to use our services. This includes your IP address, the date and the times and frequency with which you access the website and the way you browse its content. We will also collect data from you when you contact us via the website, for example Contact Us page.
We collect your data automatically via cookies, in line with cookie settings in your browser. If you are also a Prospect or Client of Torstone, we may use data from your use of our websites to enhance other aspects of our communications with or service to you. If you would like to find out more about cookies, including how we use them and what choices are available to you, please click here.
How do we use your personal data?
Having obtained data about you, we then use it in a number of ways.
PROSPECT DATA: We generally use Prospect data in following ways:
– Post-trade technology sales Activities;
– Marketing Activities;
– Recruitment Activities;
– Equal Opportunities Monitoring; and
– To help us to establish, exercise or defend legal claims.
Here are some more details about each:
Post-trade Activities
Our main area of work is as a post-trade technology provider, through: (i) providing you with post-trade operational technology solutions; (ii) and IT consulting services. We’ve listed below the various ways in which we use your data in order to facilitate this.
– Storing your details (and updating them when necessary) on our database, so that we can contact you in relation to post-trade activities;
– Keeping records of our conversations and meetings, so that we can provide targeted services to you;
– Processing your data for the purpose of targeting appropriate marketing campaigns.
We may use your personal data for these purposes if we deem this to be necessary for our legitimate interests.
Marketing Activities
We may periodically send you information that we think you may find interesting and relevant. In particular, we may wish to use your data for the purposes listed below, where appropriate and in accordance with any local laws and requirements. Please note that this list is not exhaustive. To:
– enable us to develop and market our products and services;
– market our full range of post-trade solutions to you;
– send you details of reports, market insights, product announcements, news releases, networking and client events, and general information about the industry sectors which we think might be of interest to you;
– display promotional excerpts from your details on Torstone website(s) as a success story (only where we have obtained your express consent to do so); and
– provide you with information about certain promotion and offers that you are eligible for by virtue of your relationship with Torstone.
We need your consent for some aspects of these activities which are not covered by our legitimate interests (in particular, the collection of data via cookies, and the delivery of direct marketing to you through digital channels) and, depending on the situation, we’ll ask for this via an opt-in or soft-opt-in (which we explain further below). Please note that in certain of the jurisdictions in which we operate, we comply with additional local law requirements. For more information in relation to your jurisdiction, please click here.
Soft opt-in consent is a specific type of consent which applies where you have previously engaged with us and we are marketing post-trade services. Under ‘soft opt-in’ consent, we will take your consent as given unless or until you opt out. For other types of e-marketing, we are required to obtain your explicit consent.
If you want to know more about how we obtain consent, please click here.
If you are not happy about our approach to marketing, you have the right to withdraw your consent at any time and can find out more about how to do so here. Nobody’s perfect, even though we try to be. We want to let you know that even if you have opted out from our marketing communications through our marketing preference centre, it is possible that your details may be recaptured through public sources in an unconnected marketing campaign. We will try to make sure this doesn’t happen, but if it does, we’re sorry. We’d just ask that in those circumstances you opt out again.
All our marketing is based on what we think will serve our Clients and Prospects best, but we know we won’t always get it right for everyone. We may use your data to show you Torstone adverts and other content on other websites, for example LinkedIn, Twitter. If you do not want us to use your data in this way, please turn off the “Advertising Cookies” option (please refer to our Cookies Policy). Even where you have turned off advertising cookies, it is still possible that you may see a Torstone advert, but in this case it won’t have been targeted at you personally, but rather at an anonymous audience.
Recruitment Activities
The purpose is connecting the right Candidates with the right open jobs at Torstone. We’ve listed below various ways in which we may use and process your personal data for this purpose, where appropriate and in accordance with any local laws and requirements. Please note that this list is not exhaustive.
– Collecting your data from you and other sources, such as recruitment agencies, LinkedIn;
– Storing your details (and updating them when necessary) on our database, so that we can contact you in relation to recruitment;
– To facilitate the recruitment process and to assess your eligibility for jobs;
– Assessing data about you against vacancies that we think may be suitable for you;
– Carrying out our obligations arising from any contracts entered into between us;
– Carrying out our obligations arising from any contracts entered into between Torstone and third parties in relation to your recruitment;
– Facilitating our payroll and invoicing processes;
– Verifying details you have provided, using third party resources (such as psychometric evaluations or skills tests), or to request information (such as references, qualifications and potentially any criminal convictions, to the extent that this is appropriate and in accordance with local laws);
– Complying with our legal obligations in connection with the detection of crime or the collection of taxes or duties; and
We may use your personal data for the above purposes if we deem it necessary to do so for our legitimate interests.
If you are not happy about this, in certain circumstances you have the right to object and can find out more about how and when to do this here.
Please note that in certain of the jurisdictions in which we operate, we comply with additional local law requirements. For more information in relation to your jurisdiction, please click here.
Equal opportunities monitoring and other sensitive personal data
We are committed to ensuring that our recruitment processes are aligned with our approach to equal opportunities. Some of the data we may (in appropriate circumstances and in accordance with local law and requirements) collect about you comes under the umbrella of “diversity information”. This could be information about your ethnic background, gender, disability, age, sexual orientation, religion or other similar beliefs, and/or social-economic background. Where appropriate and in accordance with local laws and requirements, we’ll use this information on an anonymised basis to monitor our compliance with our equal opportunities policy. We may also disclose this (suitably anonymised where relevant) data to Clients where this is contractually required or the Client specifically requests such information to enable them to comply with their own employment processes.
This information is what is called ‘sensitive’ personal information and slightly stricter data protection rules apply to it. We therefore need to obtain your explicit consent before we can use it. We’ll ask for your consent by offering you an opt-in. This means that you have to explicitly and clearly tell us that you agree to us collecting and using this information.
We may collect other sensitive personal data about you, such as health-related information, religious affiliation, or details of any criminal convictions if this is appropriate in accordance with local laws and is required for a role that you are interested in applying for. We will never do this without your explicit consent.
If you would like to find out more about consent, please click here. Please note that in certain of the jurisdictions in which we operate, different rules apply to this sensitive data. For more information in relation to your jurisdiction, please click here.
If you are not happy about this, you have the right to withdraw your consent at any time and you can find out how to do so here.
To help us to establish, exercise or defend legal claims
In more unusual circumstances, we may use your personal data to help us to establish, exercise or defend legal claims.
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CLIENT DATA: We use Client information for:
– Customer Service Support Activities;
– Marketing Activities; and
– To help us to establish, exercise or defend legal claims.
Here are some more details about each:
Post-trade Activities
Obviously, our main area of work is as a post-trade technology provider, through: (i) providing you with post-trade operational technology solutions; (ii) and IT consulting services. We’ve listed below the various ways in which we use your data in order to facilitate this.
– Storing your details (and updating them when necessary) on our database, so that we can contact you in relation to post-trade activities;
– Keeping records of our conversations and meetings, so that we can provide targeted services to you;
– Undertaking customer satisfaction surveys; and
– Processing your data for the purpose of targeting appropriate marketing campaigns.
We may use your personal data for these purposes if we deem this to be necessary for our legitimate interests. If you would like to know more about what this means, please click here.
If you are not happy about this, in certain circumstances you have the right to object and can find out more about how and when to do this here.
Marketing Activities
Subject to any applicable local laws and requirements, we will not, as a matter of course, seek your consent when sending marketing materials such as our post-trade market insights, quarterly newsletter to your email address.
If you are not happy about this, you have the right to opt out of receiving marketing materials from us and can find out more about how to do so here.
Please note that in certain of the jurisdictions in which we operate, we comply with additional local law requirements regarding marketing activities. For more information in relation to your jurisdiction, please click here.
To help us to establish, exercise or defend legal claims.
In more unusual circumstances, we may use your personal data to help us to establish, exercise or defend legal claims.
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SUPPLIER DATA: We realise that you’re probably busy, and don’t want us to be contacting you about all sorts of things. To find the right balance, we will only use your information:
– To store (and update when necessary) your details on our database, so that we can contact you in relation to our agreements;
– To offer services to you or to obtain support and services from you;
– To perform certain legal obligations;
– To help us to target appropriate marketing campaigns; and
– In more unusual circumstances, to help us to establish, exercise or defend legal claims.
We may use your personal data for these purposes if we deem this to be necessary for our legitimate interests. If you want to know more about what this means, please click here.
We will not, as a matter of course, seek your consent when sending marketing messages to a corporate postal or email address.
If you are not happy about this, in certain circumstances you have the right to object and can find out more about how to do so here.
Please note that in certain of the jurisdictions in which we operate, we comply with additional local law requirements For more information in relation to your jurisdiction, please click here.
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PEOPLE WHOSE DATA WE RECEIVE FROM STAFF AND PROSPECTIVE MEMBERS OF STAFF, SUCH AS REFEREES AND EMERGENCY CONTACTS: We will only use the information that our prospective member of Staff or Staff members gives us about you for the following purposes:
– If our prospective member of Staff or Staff members put you down on our form as an emergency contact, we’ll contact you in the case of an accident or emergency affecting them; or
– If you were put down by our prospective member of Staff as a referee, we will contact you in order to take up a reference. This is an important part of our Candidate quality assurance process, and could be the difference between the individual getting a job or not.
– If you were put down by our prospective member of Staff as a referee, we may sometimes use your details to contact you in relation to recruitment activities that we think may be of interest to you, in which case we will use your data for the same purposes for which we use the data of Clients.
We may use your personal data for these purposes if we deem this to be necessary for our legitimate interests.
If you are not happy about this, you have the right to object and can find out more about how to do so here.
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WEBSITE USERS: We use your data to help us to improve your experience of using our website. If you would like to find out more about cookies, including how we use them and what choices are available to you, please click here.
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Who do we share your personal data with?
Where appropriate and in accordance with local laws and requirements, we may share your personal data, in various ways and for various reasons, with the following categories of people:
– Third party service providers who perform functions on our behalf (including external consultants, business associates and professional advisers such as lawyers, auditors and accountants, technical support functions and IT consultants carrying out testing and development work on our business technology systems);
– Third party outsourced IT and document storage providers where we have an appropriate processing agreement (or similar protections) in place;
– Marketing technology platforms and suppliers;
– Individuals and organisations who hold information related to your reference or application to work with us, such as current, past or prospective employers, educators and examining bodies and employment and recruitment agencies;
– Tax, audit, or other authorities, when we believe in good faith that the law or other regulation requires us to share this data (for example, because of a request by a tax authority or in connection with any anticipated litigation);
– In the case of prospective members of Staff’s referees: third parties who we have retained to provide services such as reference, qualification and criminal convictions checks, to the extent that these checks are appropriate and in accordance with local laws;
– If Torstone merges with or is acquired by another business or company in the future, (or is in meaningful discussions about such a possibility) we may share your personal data with the (prospective) new owners of the business or company.
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How do we safeguard your personal data?
We are committed to taking all reasonable and appropriate steps to protect the personal information that we hold from misuse, loss, or unauthorised access. We do this by having in place a range of appropriate technical and organisational measures. These include measures to deal with any suspected data breach.
If you suspect any misuse or loss of or unauthorised access to your personal information please let us know immediately. Details of how to contact us can be found on Annex 1.
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How long do we keep your personal data for?
We will Delete your personal data from our systems if we have not had any meaningful contact with you (or, where appropriate, the company you are working for or with) for two years (or for such longer period as we believe in good faith that the law or relevant regulators require us to preserve your data). After this period, it is likely your data will no longer be relevant for the purposes for which it was collected.
For those clients whose services are provided via a third party company or other entity, “meaningful contact” with you means meaningful contact with the company or entity which supplies your services. Where we are notified by such company or entity that it no longer has that relationship with you, we will retain your data for no longer than two years from that point or, if later, for the period of two years from the point we subsequently have meaningful contact directly with you.
When we refer to “meaningful contact”, we mean, for example, communication between us (either verbal or written), or where you are actively engaging with our post-trade services. If you are a prospect we will consider there to be meaningful contact with you if you submit your contact details online onto our website or via email campaign or offline during events or meetings. We will also consider it meaningful contact if you communicate with us, either by verbal or written communication or click through from any of our marketing communications. Your receipt, opening or reading of an email or other digital message from us will not count as meaningful contact – this will only occur in cases where you click-through or reply directly.
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How can you access, amend or take back the personal data that you have given to us?
One of the GDPR’s main objectives is to protect and clarify the rights of EU citizens and individuals in the EU with regards to data privacy. This means that you retain various rights in respect of your data, even once you have given it to us. These are described in more detail below.
To get in touch about these rights, please contact us. We will seek to deal with your request without undue delay, and in any event within one month (subject to any extensions to which we are lawfully entitled). Please note that we may keep a record of your communications to help us resolve any issues which you raise.
Right to object: this right enables you to object to us processing your personal data where we do so for one of the following four reasons: (i) our legitimate interests; (ii) to enable us to perform a task in the public interest or exercise official authority; (iii) to send you direct marketing materials; and (iv) for scientific, historical, research, or statistical purposes.
The “legitimate interests” and “direct marketing” categories above are the ones most likely to apply to our Website Users, Prospects, Clients and Suppliers. If your objection relates to us processing your personal data because we deem it necessary for your legitimate interests, we must act on your objection by ceasing the activity in question unless:
– we can show that we have compelling legitimate grounds for processing which overrides your interests; or
– we are processing your data for the establishment, exercise or defence of a legal claim.
If your objection relates to direct marketing, we must act on your objection by ceasing this activity.
Right to withdraw consent: Where we have obtained your consent to process your personal data for certain activities (for example, for our marketing arrangements or automatic profiling), you may withdraw this consent at any time and we will cease to carry out the particular activity that you previously consented to unless we consider that there is an alternative reason to justify our continued processing of your data for this purpose in which case we will inform you of this condition.
Data Subject Access Requests (DSAR): You may ask us to confirm what information we hold about you at any time, and request us to modify, update or Delete such information. We may ask you to verify your identity and for more information about your request. If we provide you with access to the information we hold about you, we will not charge you for this unless your request is “manifestly unfounded or excessive”. If you request further copies of this information from us, we may charge you a reasonable administrative cost where legally permissible. Where we are legally permitted to do so, we may refuse your request. If we refuse your request we will always tell you the reasons for doing so.
Please note that in certain of the jurisdictions in which we operate, we comply with additional local law requirements regarding data subject access requests and may refuse your request in accordance with such laws. For more information in relation to your jurisdiction, please click here.
Right to erasure: You have the right to request that we erase your personal data in certain circumstances. Normally, the information must meet one of the following criteria:
– the data are no longer necessary for the purpose for which we originally collected and/or processed them;
– where previously given, you have withdrawn your consent to us processing your data, and there is no other valid reason for us to continue processing;
– the data has been processed unlawfully (i.e. in a manner which does not comply with the GDPR);
– it is necessary for the data to be erased in order for us to comply with our legal obligations as a data controller; or
– if we process the data because we believe it necessary to do so for our legitimate interests, you object to the processing and we are unable to demonstrate overriding legitimate grounds for our continued processing.
Please note that in certain of the jurisdictions in which we operate, we comply with additional local law requirements regarding data subject right to erasure and may refuse your request in accordance with local laws. For more information in relation to your jurisdiction, please click here.
We would only be entitled to refuse to comply with your request for one of the following reasons:
– to exercise the right of freedom of expression and information;
– to comply with legal obligations or for the performance of a public interest task or exercise
of official authority;
– for public health reasons in the public interest;
– for archival, research or statistical purposes; or
– to exercise or defend a legal claim.
When complying with a valid request for the erasure of data we will take all reasonably practicable steps to Delete the relevant data.
Right to restrict processing: You have the right to request that we restrict our processing of your personal data in certain circumstances. This means that we can only continue to store your data and will not be able to carry out any further processing activities with it until either: (i) one of the circumstances listed below is resolved; (ii) you consent; or (iii) further processing is necessary for either the establishment, exercise or defence of legal claims, the protection of the rights of another individual, or reasons of important EU or Member State public interest.
The circumstances in which you are entitled to request that we restrict the processing of your personal data are:
– where you dispute the accuracy of the personal data that we are processing about you. In this case, our processing of your personal data will be restricted for the period during which the accuracy of the data is verified;
– where you object to our processing of your personal data for our legitimate interests. Here, you can request that the data be restricted while we verify our grounds for processing your personal data;
– where our processing of your data is unlawful, but you would prefer us to restrict our processing of it rather than erasing it; and
– where we have no further need to process your personal data but you require the data to establish, exercise, or defend legal claims.
If we have shared your personal data with third parties, we will notify them about the restricted processing unless this is impossible or involves disproportionate effort. We will, of course, notify you before lifting any restriction on processing your personal data.
Right to rectification: You also have the right to request that we rectify any inaccurate or incomplete personal data that we hold about you. If we have shared this personal data with third parties, we will notify them about the rectification unless this is impossible or involves disproportionate effort. Where appropriate, we will also tell you which third parties we have disclosed the inaccurate or incomplete personal data to. Where we think that it is reasonable for us not to comply with your request, we will explain our reasons for this decision.
Right of data portability: If you wish, you have the right to transfer your personal data between data controllers. In effect, this means that you are able to transfer your Torstone account details to another online platform. To allow you to do so, we will provide you with your data in a commonly used machine-readable format that is password-protected so that you can transfer the data to another online platform. Alternatively, we may directly transfer the data for you. This right of data portability applies to: (i) personal data that we process automatically (i.e. without any human intervention); (ii) personal data provided by you; and (iii) personal data that we process based on your consent or in order to fulfil a contract.
Right to lodge a complaint with a supervisory authority: You also have the right to lodge a complaint with your local supervisory authority. Details of how to contact them can be found on Annex 2.
If you would like to exercise any of these rights, or withdraw your consent to the processing of your personal data (where consent is our legal basis for processing your personal data), details of how to contact us can be found here. Please note that we may keep a record of your communications to help us resolve any issues which you raise.
It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during the period for which we hold your data.
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Who is responsible for processing your personal data on the Torstone website?
Torstone is responsible for processing your personal data.
If you have any comments or suggestions concerning this Privacy Policy please follow email enquiries@torstonetech.com. We take privacy seriously so we’ll get back to you as soon as possible.
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How do we store and transfer your data internationally?
So you want to know more about how we store and transfer your data internationally? In order to provide you with the best service and to carry out the purposes described in this Privacy Policy, your data may be transferred:
– between and within Torstone entities;
– to third parties (such as advisers or other Suppliers to the Torstone business);
– to overseas Clients;
– to Clients within your country who may, in turn, transfer your data internationally;
– to a cloud-based storage provider; and
– to other third parties.
We want to make sure that your data are stored and transferred in a way which is secure. We will therefore only transfer data outside of the European Economic Area or EEA (i.e. the Member States of the European Union, together with Norway, Iceland and Liechtenstein) where it is compliant with data protection legislation and the means of transfer provides adequate safeguards in relation to your data, for example:
– by way of data transfer agreement, incorporating the current standard contractual clauses adopted by the European Commission for the transfer of personal data by data controllers in the EEA to data controllers and processors in jurisdictions without adequate data protection laws; or
– by signing up to the EU-U.S. Privacy Shield Framework for the transfer of personal data from entities in the EU to entities in the United States of America or any equivalent agreement in respect of other jurisdictions; or
– transferring your data to a country where there has been a finding of adequacy by the European Commission in respect of that country’s levels of data protection via its legislation; or
– where it is necessary for the conclusion or performance of a contract between ourselves and a third party and the transfer is in your interests for the purposes of that contract (for example, if we need to transfer data outside the EEA in order to meet our obligations under that contract if you are a Client of ours); or
– where you have consented to the data transfer.
To ensure that your personal information receives an adequate level of protection, we have put in place appropriate procedures with the third parties we share your personal data with to ensure that your personal information is treated by those third parties in a way that is consistent with and which respects the law on data protection.
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Our legal bases for processing your data
LEGITIMATE INTERESTS
Article 6(1)(f) of the GDPR is the one that is relevant here – it says that we can process your data where it “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 interests or fundamental rights or freedoms of [you] which require protection of personal data.”
We don’t think that any of the following activities prejudice individuals in any way – in fact, they help us to offer you a more tailored, efficient service, so everyone’s a winner! However, you do have the right to object to us processing your personal data on this basis. If you would like to know more about how to do so, please click here.
Please note that in certain of the jurisdictions in which we operate, a different legal basis for data processing might apply in certain cases. For more information in relation to your jurisdiction, please click here.
PROSPECT DATA:
We think it’s reasonable to expect that if you are looking for post-trade solution or have submitted your contact details (online or offline), you are happy for us to collect and otherwise use your personal data to offer you a tailored solution.
We want to provide you with tailored post-trade market insights and relevant articles to read to help you find the right back-office solution. We therefore think it’s reasonable for us to process your data to make sure that we send you the most appropriate content.
We have our own obligations under the law, which it is a legitimate interest of ours to insist on meeting! If we believe in good faith that it is necessary, we may therefore share your data in connection with crime detection, tax collection or actual or anticipated litigation.
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CLIENT DATA:
To ensure that we provide you with the best service possible, we store your personal data and/or the personal data of individual contacts at your organisation as well as keeping records of our conversations, meetings and marketing activities. From time to time, we may also ask you to undertake a customer satisfaction survey. We think this is reasonable – we deem these uses of your data to be necessary for our legitimate interests as an organisation providing various post-trade services to you.
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SUPPLIER DATA:
We use and store the personal data of individuals within your organisation in order to facilitate the receipt of services from you as one of our Suppliers. We also hold your financial details, so that we can pay you for your services. We deem all such activities to be necessary within the range of our legitimate interests as a recipient of your services.
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PEOPLE WHOSE DATA WE RECEIVE FROM STAFF AND PROSPECTIVE MEMBER OF STAFF, SUCH AS REFEREES AND EMERGENCY CONTACTS:
If you have been put down by a prospective member of Staff as one of their referees, we use your personal data in order to contact you for a reference. This is a part of our quality assurance procedure and so we deem this to be necessary for our legitimate interests as an organisation offering post-trade services and employing people ourselves.
If as a prospective member of Staff or Staff member has given us your details as an emergency contact, we will use these details to contact you in the case of an accident or emergency. We are sure you will agree that this is a vital element of our people-orientated organisation, and so is necessary for our legitimate interests.
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CONSENT
In certain circumstances, we are required to obtain your consent to the processing of your personal data in relation to certain activities. Depending on exactly what we are doing with your information, this consent will be opt-in consent or soft opt-in consent.
Article 4(11) of the GDPR states that (opt-in) consent is “any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.” In plain language, this means that:
– you have to give us your consent freely, without us putting you under any type of pressure;
– you have to know what you are consenting to – so we’ll make sure we give you enough information;
– you should have control over which processing activities you consent to and which you don’t. We provide these finer controls within our marketing preference centre; and
– you need to take positive and affirmative action in giving us your consent – we’re likely to provide a tick box for you to check so that this requirement is met in a clear and unambiguous fashion.
We will keep records of the consents that you have given in this way.
We have already mentioned that, in some cases, we will be able to rely on soft opt-in consent. We are allowed to market products or services to you which are related to the post-trade services we provide as long as you do not actively opt-out from these communications.
Please note that in certain of the jurisdictions in which we operate, we comply with additional local law requirements regarding consenting to receive marketing materials. For more information in relation to your jurisdiction, please click here.
As we have mentioned, you have the right to withdraw your consent to these activities. You can do so at any time, and details of how to do so can be found here.
ESTABLISHING, EXERCISING OR DEFENDING LEGAL CLAIMS
Sometimes it may be necessary for us to process personal data and, where appropriate and in accordance with local laws and requirements, sensitive personal data in connection with exercising or defending legal claims. Article 9(2)(f) of the GDPR allows this where the processing “is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity”.
This may arise for example where we need to take legal advice in relation to legal proceedings or are required by law to preserve or disclose certain information as part of the legal process.
ANNEX 1 – HOW TO CONTACT US
Country in which you use Torstone services or supply Torstone with services: UK
Torstone entity responsible for processing the personal data of Website Users: Torstone Technology Limited
The Torstone entity responsible for processing the personal data of Prospects, Clients, Suppliers, and the emergency contacts and referees of Prospective member of Staff and Torstone Staff.
How you can get in touch with us:
• to access, amend or take back the personal data that you have given to us;
• if you suspect any misuse or loss of or unauthorised access to your personal information;
• to withdraw your consent to the processing of your personal data (where consent is the legal basis on which we process your personal data);
• with any comments or suggestions concerning this Privacy Policy
You can write to us at the following address:
8 Lloyd’s Avenue, London, United Kingdom, EC3N 3EL
Alternatively, you can send an email to: enquiries@Torstonetech.com.
How you can get in touch with us to update your marketing preferences:
You can do this by updating your profile here.
Alternatively you can email us at: enquiries@Torstonetech.com or by clicking the unsubscribe link in any marketing e-mail we send to you.
ANNEX 2 – HOW TO CONTACT YOUR LOCAL SUPERVISORY AUTHORITY
Country in which you use Torstone services or supply Torstone with services: UK
Details of your local supervisory authority: The Information Commissioner’s Office. You can contact them in the following ways:
Phone: 0303 123 1113
Email: casework@ico.org.uk
Live chat.
Post: Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
ANNEX 3 – COUNTRY-SPECIFIC VARIATIONS TO OUR PRIVACY POLICY
PRIVACY POLICY TOPIC: TORSTONE PROCESSING OF YOUR SENSITIVE PERSONAL DATA
JURISDICTION: UK
COUNTRY-SPECIFIC LEGAL REQUIREMENT: Where your personal data are processed in accordance with the fair processing condition relating to our rights and obligations under employment and social security law, this relates to our processing of your personal data which is necessary for compliance with legal obligations (such as ensuring that we pay you statutory sick pay, comply with the statutory employment protections that you enjoy, comply with health and safety laws, and ensure that appropriate National Insurance contributions are made).
NOTE: THIS APPENDIX WILL BE UPDATED WHEN LOCAL IMPLEMENTING LAW HAS BEEN FINALISED
ANNEX 4 – COOKIES LIST
Cookie Name
Google Adwords User Lists
Google Analytics
GA Audiences
Google Tag Manager
Google Dynamic Remarketing
Google Adwords Conversion
Mailchimp
Leadlander
LinkedIn.com
Twitter.com
GLOSSARY
Clients – while it speaks for itself, this category covers our customers, clients, and others to whom Torstone provides services in the course of its business.
Delete – while we will endeavour to permanently erase your personal data once it reaches the end of its retention period or where we receive a valid request from you to do so, some of your data may still exist within our systems, for example if it is waiting to be overwritten. For our purposes, this data has been put beyond use, meaning that, while it still exists on an archive system, this cannot be readily accessed by any of our operational systems, processes or Staff.
General Data Protection Regulation (GDPR) – a European Union statutory instrument which aims to harmonise European data protection laws. It has an effective date of 25 May 2018, and any references to it should be construed accordingly to include any national legislation implementing it.
Other people whom Torstone may contact – these may include Prospects’ and Torstone Staff emergency contacts and referees. We will only contact them in appropriate circumstances.
Staff – includes employees engaged directly in the business of Torstone (or who have accepted an offer to be engaged) as well as certain other workers engaged in the business of providing services to Torstone (even though they are not classed as employees). For these purposes we also include employees of Torstone who are engaged to work on Clients’ premises under the terms of Torstone Employee agreements. These individuals are treated in the same way as Torstone employees are covered by this Privacy Policy. Likewise, independent contractors and consultants performing services for Torstone fall within the definition of a ‘Supplier’ for the purposes of this Privacy Policy.
Suppliers – refers to partnerships and companies (including sole traders), and a typical workers such as independent contractors and freelance workers, who provide services to Torstone. In certain circumstances Torstone will sub-contract the services it provides to Clients to third party suppliers who perform services on Torstone behalf.
Website Users – any individual who accesses any of the Torstone websites.