Privacy Notice

Introduction

Welcome to the Hawke.Capital Privacy Notice. 

Hawke.Capital (“”we”, “our”, “us”), powered by Wayflyer, respects your privacy and is committed to protecting your personal data. This Privacy Notice will inform you about the personal data we collect when you visit hawke.capital, what we do with that data,  and tell you about your privacy rights that you may have depending on the applicable law. 

Please use the Glossary at the end of this document to understand the meaning of some of the terms used in this Privacy Notice.

1 Important information and who we are
1.1 Purpose of this Privacy Notice

(a)This Privacy Notice describes how we collect and process your personal data through your use of this Website, including any data you may provide through this Website as part of our Online Application Process, by signing up for our newsletter or other marketing material, by submitting a query or by using other online services.

(b)This Website is only intended for business customers, and is not intended for individual consumers.

(c)It is important that you read this Privacy Notice together with any other Privacy Notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This Privacy Notice supplements other fair processing notices and is not intended to override them. If there is a conflict between this document and a fair processing notice for a specific transaction, the more specific fair processing notice that applies to a specific transaction or collection of data will govern your relationship with Hawke Media.

1.2 Controller (for EEA Customers)

(a)This Privacy Notice is issued on behalf of Hawke.Capital, having its registered office at 2231 S. Barrington Ave., Los Angeles, CA 90064. Hawke Media is the joint controller for the purposes of this Privacy Notice and responsible for this Website. We note that Wayflyer Limited is a joint-controller of personal data obtained through this website. Wayflyer may obtain and process personal data pursuant to its agreement with Hawke Media in the same manner disclosed herein. You may also visit Wayflyer’s Privacy Notice at www.wayflyer.com/privacy-policy.

(b)If you have any questions about this Privacy Notice, including any requests to exercise your legal rights, please contact privacy@hawke.capital.

(c)You have the right to make a complaint at any time to the Office of the Data Protection Commission ("ODPC"), the Irish supervisory authority for data protection issues at info@dataprotection.ie. We would, however, appreciate the chance to deal with your concerns before you approach the ODPC so please contact us in the first instance.

1.3 Your duty to inform us of changes

It is important that the personal data we hold about you is accurate and current so that we can provide you with services and important notices. Please keep us informed if your personal data changes during your relationship with us.

1.4 Third-party links

This Website may include links to third-party Websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party Websites and are not responsible for their privacy statements or their collection of your data. When you leave our Website, we encourage you to read the privacy notice of every Website you visit.

2 The data we collect about you
2.1 Types of Data

(a)Personal data, or personally identifiable information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

(b)We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

(i)Identity Data includes first name, last name, username or similar identifier, title and date of birth.

(ii)Contact Data includes billing address, email address and telephone numbers.

(iii)Financial Data includes bank account and payment card details (where those of a person).

(iv)Access Data includes username, log in and password details for your Bank Account, Card Processor Account and other third party services (including, but not limited to, Adwords, Facebook, Google Analytics, Shopify, Stripe and similar other accounts and services), provided by you to us as part of the Online Application Process.

(v)Transaction Data includes details about payments to and from you and other details of services you have purchased from us.

(vi)Technical Data includes internet protocol (IP) address, login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform information and other technology on the devices you use to access this Website.

(vii)Profile Data includes your username and password, service purchases or orders made by you, your interests, preferences, feedback and survey responses.

(viii)Usage Data includes information about how you use our website.

(ix)Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

(c)We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Notice.

(d)We do not collect any Special Categories of Personal Data about you as that term is defined under the European Union’s General Date Protection Regulation (GDPR) (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data).

(e)We may as part of our legal obligations under anti-money laundering legislation, require information in respect of any criminal records, sanctions or embargoes.

2.2 If you fail to provide personal data

Where we need to collect personal data by law or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, insufficient Registration Information). In such a case, we might have to cancel an Online Application Process but we will notify you if that happens. 

3 How is your personal data collected?

We use different methods to collect data from and about you including through:

3.1 Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by mail, phone, email, or otherwise. This includes personal data you provide when you:

(a)create an account on our website;

(b)engage in the Online Application Process;

(c)subscribe to our publications;

(d)request marketing material to be sent to you;

(e)enter a promotion or survey;

(f)apply for a job in our "Careers" section;

(g)give us some feedback; or

(h)submit a query through the Contact Us form.

3.2 Automated technologies or interactions.

As you interact with our Website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies. Please see our cookie policy for further details.

3.3 Third parties or publicly available sources.

We may receive Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as Realex, Stripe or various consumer reporting agencies. We may also receive Contact information from our marketing partners, such as Wayflyer.

4 How we use your personal data
4.1 Lawful basis

(a)We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances where:

(i)We need to perform the contract we are about to enter into or have entered into with you;

(ii)It is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests;

(iii)Where we need to comply with a legal or regulatory obligation.

(b)Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us at privacy@hawke.capital.

4.2 Purposes for which we will use your personal data

(a)Certain jurisdictions, most notably, those subject to GDPR, require that there be a lawful bases to process personal data. We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so for those jurisdictions that require a legal bases. We have also identified what our legitimate interests are where appropriate.

(b)Note that in those jurisdictions that require a legal basis in order to process your personal information we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us at privacy@hawke.capital if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

4.3 General Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms set out in paragraphs 4.4 – 4.7.

4.4 Marketing Communications from us

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

(b) You will receive marketing communications from us if you have requested information from us, received a product or service from us, or if you provided us with your details and have not opted out of receiving that marketing.

4.5 Opting out

(a) You can ask us or previously authorised third parties to stop sending you marketing messages at any time by contacting us at privacy@hawke.capital.

(b)Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a purchase of a service.

4.6 Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookies Policy.

4.7 Change of purpose

(a)We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us at privacy@hawke.capital.

(b)If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

(c)Please note that we may process your personal data without your knowledge or consent where this is required or permitted by law.

5 Disclosures of your personal data
5.1 We may have to share your personal data with:

(a)The parties set out below for the purposes set out in the table in paragraph 4 above:

(i)Internal Third Parties as set out in the Glossary;

(ii)External Third Parties as set out in the Glossary;

(b)third parties in the course of an acquisition, merger, equity investment, bankruptcy or similar corporate transaction; and

(c)third parties to whom we sell, transfer, or merge parts of our business or our assets; alternatively, we may seek to acquire other businesses or merge with them; if a change happens to our business, then the new owners or newly acquired businesses may use your personal data in the same way as set out in this Privacy Notice.

5.2 We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6 International transfers – EEA Customers

6.1 Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

(a)for certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in the European Union (known as the Standard Contractual Clauses);

(b)for certain service providers based in the US, we may transfer data to them under the Privacy Shield regime (if they are part of it) which requires them to provide similar protection to personal data shared between the Europe Union and the US.

3.2 Please contact us at privacy@hawke.capital if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

7 Data security

7.1 We have put in place commercially appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, or otherwise altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data in accordance with our instructions and they are subject to a duty of confidentiality.

7.2 We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable supervisory authority or other regulator of a breach where we are legally required to do so.

8 Data retention

8.1 We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

8.2 To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

8.3 We are required by law to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for a minimum of six years after they cease being customers for tax and other legal purposes.

8.4 In some circumstances you can ask us to delete your data: see paragraph 9(c) below for further information.

8.5 In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

9 Your legal rights (EEA Customers only)

9.1 Under certain circumstances, you have rights under data protection laws in relation to your personal data. Specifically, you may:

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

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

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

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

(e)Request restriction of processing: of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

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

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

9.2 If you wish to exercise any of the rights set out above, please contact us at privacy@hawke.capital.

9.3 You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

9.4 We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

9.5 We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

10 Children’s Online Privacy Protection Act Compliance

The Website is intended for general audiences and is not directed to children under 13. We do not knowingly collect personal information from children under 13. If you become aware that a child has provided us with personal information without parental consent, please contact us here. If we become aware that a child under 13 has provided us with personal information without parental consent, we take steps to remove such information and terminate the child's account.

7Glossary
11 California Privacy Rights

11.1 The Website is intended for general audiences and is not directed to children under 13. We do not knowingly collect personal information from children under 13. If you become aware that a child has provided us with personal information without parental consent, please contact us here. If we become aware that a child under 13 has provided us with personal information without parental consent, we take steps to remove such information and terminate the child's account.

11.2 However, the personal information that we collect is not subject to the CCPA. Specifically, we only collect personal information from you through a communication or transaction between us and another business when you are acting as an employee, owner, director, officer, or contractor of such company, partnership, sole proprietorship, nonprofit, or government agency and you are seeking a product or service from us for the company, partnership, sole proprietorship, nonprofit, or government agency (“Business Consumer”). In addition, we do not sell your personal information. Since the personal information that Hawke.Capital collects is not subject to the CCPA and Hawke.Capital does not sell personal information, the relevant CCPA rights do not apply to Business Consumers

12 Glossary
12.1Lawful Basis

(a)Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best offering and the best and most secure experience; we make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests; we do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law); you can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us at privacy@hawke.capital.

(b)Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

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

12.2Third Parties

(a)Internal Third Parties means other companies in the [HAWKE.CAPITAL] Group which provide IT and system administration services and marketing services to the [HAWKE.CAPITAL] Group.

(b)External Third Parties includes:

(i)service providers who provide IT and system administration services; currently these are Amazon, Intercom, Clearbit, Salesforce, Hubspot, Mailchimp, Mailjet, and Wayflyer.

(ii)professional advisers acting as processors or controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services; and

(iii)the Revenue Commissioners in Ireland, regulators and other authorities acting as processors or joint controllers based in Ireland who require reporting of processing activities in certain circumstances.

13 Changes to Privacy Notice

We reserve the right to change our Privacy Notice at any time. If we make changes, we will post them on this page and will indicate the Privacy Notice’s new effective date. Please check this page from time to time to take notice of any changes we make, as your continued use of the Website will serve as your consent to any changes to the Privacy Notice.

14 Contact

Please contact us at privacy@hawke.capital if you would like further information on how we use your personal information.

Effective Date 21st May 2020