Privacy Policy

Privacy Notice – Upstream Working Capital Limited / Upstream Trade Finance Limited (Upstream)

Introduction

This document refers to personal data, which is defined as information concerning any living person (a natural person who hereafter will be called the Data Subject) that is not already in the public domain.

The General Data Protection Regulation (GDPR) seeks to protect and enhance the rights of data subjects. These rights cover the safeguarding of personal data, protection against the unlawful processing of personal data and the unrestricted movement of personal data within the EU. It should be noted that GDPR does not apply to information already in the public domain.

Upstream is pleased to provide the following Privacy Notice:

Personal Data

Upstream provides financial services to our clients.

Upstream uses the information collected from you to provide offer letters, providing the service or product and to email you marketing information which Upstream believes may be of interest to you and your business.

Upstream also acts on behalf of its clients in the capacity of data processor. When working exclusively as a data processor, Upstream will be acting on the instruction of its client, and will work hard to ensure that the client is fully GDPR compliant.

Any information Upstream holds about you and your business encompasses all the details we hold about you and any sales transactions including any third-party information we have obtained about you from public sources and our own suppliers such as credit referencing agencies.

Upstream will only collect the information needed so that it can provide you with marketing and services, we do not sell or broker your data.

Website

When you visit our website, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”

We collect Device Information using the following technologies:

– “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.

– “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.

– “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.

We use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

Legal basis for processing any personal data

To meet Upstream’s contractual obligations to clients.

Legitimate interests pursued by Upstream

To promote the services offered by Upstream and/or to market the services.

Consent

Through agreeing to this privacy notice you are consenting to Upstream processing your personal data for the purposes outlined. You can withdraw consent at any time by emailing info@upstreampositive.co.uk or writing to us, see last section for full contact details.

Disclosure

Upstream may on occasions pass your Personal Information to third parties exclusively to process work on its behalf. Upstream requires these parties to agree to process this information based on our instructions and requirements consistent with this Privacy Notice and GDPR.

Upstream do not broker or pass on information gained without your consent. However, Upstream may disclose your Personal Information to meet legal obligations, regulations or valid governmental request. Upstream may also enforce its Terms and Conditions, including investigating potential violations of its Terms and Conditions to detect, prevent or mitigate fraud or security or technical issues; or to protect against imminent harm to the rights, property or safety of Upstream, its clients and/or the wider community.

Retention Policy

Upstream will process personal data during the duration of any contract and will continue to store only the personal data needed for seven years after the contract has expired to meet any legal obligations. After seven years any personal data not needed will be deleted.

Data storage

Data is held in the United Kingdom using different (multiple) servers. Upstream does not store personal data outside the EEA.

Your rights as a data subject

At any point whilst Upstream is in possession of or processing your personal data, all data subjects have the following rights:

Right of access – you have the right to request a copy of the information that we hold about you.
Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete.
Right to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records.
Right to restriction of processing – where certain conditions apply you have a right to restrict the processing.
Right of portability – you have the right to have the data we hold about you transferred to another organisation.
Right to object – you have the right to object to certain types of processing such as direct marketing.
Right to object to automated processing, including profiling – you also have the right not to be subject to the legal effects of automated processing or profiling.

In the event that Upstream refuses your request under rights of access, we will provide you with a reason as to why, which you have the right to legally challenge.

Upstream at your request can confirm what information it holds about you and how it is processed

You can request the following information:

Identity and the contact details of the person or organisation (Upstream) that has determined how and why to process your data.
Contact details of the data protection officer, where applicable.
The purpose of the processing as well as the legal basis for processing.
If the processing is based on the legitimate interests of Upstream or a third party such as one of its clients, information about those interests.
The categories of personal data collected, stored and processed.
Recipient(s) or categories of recipients that the data is/will be disclosed to.
How long the data will be stored.
Details of your rights to correct, erase, restrict or object to such processing.
Information about your right to withdraw consent at any time.
How to lodge a complaint with the supervisory authority (Data Protection Regulator).
Whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether you are obliged to provide the personal data and the possible consequences of failing to provide such data.
The source of personal data if it wasn’t collected directly from you.
Any details and information of automated decision making, such as profiling, and any meaningful information about the logic involved, as well as the significance and expected consequences of such processing.

To access what personal data is held, identification will be required

Upstream will accept the following forms of ID when information on your personal data is requested: a copy of your national ID card, driving license, passport, birth certificate and a utility bill not older than three months. A minimum of one piece of photographic ID listed above and a supporting document is required. If Upstream is dissatisfied with the quality, further information may be sought before personal data can be released.

All requests should be made to info@upstreampositive.co.uk or by phoning +44 28 9099 9450 or writing to us at the address further below.

Complaints

In the event that you wish to make a complaint about how your personal data is being processed by Upstream or its partners, you have the right to complain to Upstream Managing Director. If you do not get a response within 30 days you can complain to the Data Protection Regulator.

The details for each of these contacts are:

Upstream, attention of the Managing Director

40 Linenhall Street
Belfast
BT2 8BA

Telephone: 028 9099 9450 or email info@upstreampositive.co.uk

Data Protection Regulator

The Information Commissioner’s Office – Northern Ireland
3rd Floor
14 Cromac Place,
Belfast
BT7 2JB

Telephone: 028 9027 8757