Introduction

Orca Money Ltd (Orca) respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our website and tell you about your privacy rights and how the law protects you.

1. IMPORTANT INFORMATION AND WHO WE ARE
2. THE DATA WE COLLECT ABOUT YOU
3. HOW IS YOUR PERSONAL DATA COLLECTED
4. HOW WE USE YOUR PERSONAL DATA
5. COOKIES
6. DISCLOSURES OF YOUR PERSONAL DATA
7. INTERNATIONAL TRANSFERS
8. DATA SECURITY
9. YOUR LEGAL RIGHTS

1. Important information and who we are

Purpose of this privacy notice

This privacy notice aims to give you information on how Orca collects and processes your personal data through your use of this website, including any data you may provide through this website when you sign up to our newsletter, download content in exchange for contact details, purchase a product or service or take part in a competition. This privacy policy should be read alongside, and in addition to all product and service specific terms and conditions.

About us

Orca Money Ltd is the data controller and responsible for your personal data (collectively referred to as “we”, “us” or “our” in this privacy notice).

We have appointed a Data Protection Officer (DPO) who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the DPO using the details set out below.

Contact details

Full name of legal entity: Orca Money Limited

For the attention of: Data Protection Officer

Email address: info@orcamoney.com

Postal address: Thistle Court, 1-2 Thistle Street, Edinburgh, EH2 1DD

Telephone number: 0131 510 7376

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact the Data Protection Officer in the first instance.

Changes to the privacy notice and your duty to inform us of changes

Any changes we make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by email. Please check back frequently to see any updates or changes to our privacy policy.

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

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 policies. When you leave our website, we encourage you to read the privacy policy of every website you visit.

2. The data we collect about you

We may collect personal data such as name and email address if you sign up to our newsletter or if you download content such as industry reports. If you become a customer of Orca further data will be collected.

We have grouped together the data that we may collect below:

• Identity Data includes: first name, maiden name, last name, marital status, title, date of birth and gender.
• Contact Data includes: postal address, email address and telephone numbers.
• Financial Data includes: bank account details, details about payments to and from you. Data collected from peer to peer lending platforms on the performance of your investments. This will include cash balance, interest earned and amounts invested.
• Technical Data includes: internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
• Profile Data includes: your username, purchases or orders made by you, your interests, preferences, feedback and survey responses.
• Usage Data includes: information about how you use our website, products and services.
• Marketing and Communications Data includes: your preferences in receiving marketing from us and your communication preferences.

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 in law 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.

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, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

3. How is your personal data collected?

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

• Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
• apply for our products or services;
• create an account on our website;
• subscribe to our service or publications;
• request marketing to be sent to you;
• download content;
• enter a competition, promotion or survey; or
• give us some feedback.
• 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, server logs and other similar technologies.
• Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
• Technical Data from the following parties:analytics providers such as Google, HotJar and SEMRush based inside or outside the EU;advertising networks such as Facebook based inside or outside the EU; andsearch information providers such as Google based inside or outside the EU.
• Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as Modulr Finance Limited based inside or outside the EU.
• Identity and Contact Data from data brokers or aggregators such as HubSpot Limited based inside or outside the EU.
• Identity and Contact Data from authentication and authorisation services such as Auth0 Inc. based inside or outside the EU.
• Identity and Contact Data from publicly availably sources such as Companies House and the Electoral Register based inside or outside the EU.

4. How we use your personal data

We will only use your personal data when the law allows us to. We will use your personal data in the following circumstances:

• As necessary to perform our contract with you for the relevant account, product or service:
• To register you as a new account holder or customer
• To manage payments and transfer money
• To register you with a third-party investment platform, such as peer to peer lending platforms. We will only do this at your request and in accordance with our terms and conditions.
• To inform you of changes to our terms and conditions and privacy policy
• As necessary for our own legitimate interests, that is when we have a business or commercial reason to use your information, for example:
• To carry out statistical analysis and market research and testing
• To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
• To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you
• To use data analytics to improve our website, products/services, marketing, customer relationships and experiences
• To inform you of updates, changes or developments of our products and services
• As necessary to comply with a legal obligation, for example:To carry out regulatory or mandatory checksTo comply with our legal and regulatory obligations
• Based on your consent, for example:to send marketing communications to you. Please note you are free to withdraw your consent at any time.

Change of purpose

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.

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.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5. 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.

What are cookies

Cookies are small pieces of text sent by your web browser by a website you visit. A cookie file is stored in your web browser and allows the Service or a third-party to recognize you and make your next visit easier and the service more useful to you.

How Orca uses cookies

When you use and access the website, we may place a number of cookies files in your web browser.

We use cookies for the following purposes: to enable certain functions of the Service, to provide analytics, to store your preferences, to enable advertisements delivery, including behavioural advertising.

We use both session and persistent cookies on the Service and we use different types of cookies to run the Service:

• Essential cookiesWe may use essential cookies to authenticate users and prevent fraudulent use of user accounts.
• Functionality cookiesThese store your preferences from past website visits, enabling us to personalise content and enhance your experiences with our Service.
• Performance and analytics cookiesThese provide us with insight into user activity and interaction with our website and Service, allowing us to make important decisions about content and design to enhance user experiences with the Service.

Third-party cookies

In addition to our own cookies, we may also use various third-parties cookies to report usage statistics of the Service, deliver advertisements on and through the Service, and so on. For example, we use Google Analytics for website analytics to analyse user interaction.

What are your choices regarding cookies

If you’d like to delete cookies or instruct your web browser to delete or refuse cookies, please visit the help pages of your web browser.

Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.

6. Disclosures of your personal data

We disclose your information to the third parties listed below for the purposes described in this privacy policy. You can contact us for details of specific disclosures made in respect of your information:

• Modulr Finance Limited in order to open a segregated client account on your behalf and to manage payments.
• Partnering investment platforms, including peer to peer lending platforms in order to register and facilitate your investment as per your terms and conditions with Orca.
• Partnering investment platforms, including peer to peer lending platforms so they can occasionally get in touch regarding changes to their terms and conditions and privacy policies.
• Relevant government bodies, authorities and regulatory bodies in order to comply with our regulatory and reporting obligations.
• IT providers/hosted IT solution providers to enable us to provide our products and services to you.
• Our professional advisors (lawyers, accountants and consultants).
• Any other parties connected with your account e.g. guarantors and joint account holders.
• Market research companies to assist us in improving our product or service delivery.
• Any third party who is restructuring, selling or acquiring our assets, as long as that party uses the personal information in accordance with the terms of any agreements between you and us.
• Anyone else where we have your consent or where it is required by law.

We will make sure that anyone acting on our behalf only uses your personal information in line with our instructions and that they keep the data safe.

We won’t share or give your personal information to external companies for their own marketing purposes.

7. International transfers

Many of our external third parties are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.

When they do, we will have a contract in place to make sure the recipient protects the data to the same standard as is required in the EEA.

8. Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, 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 on our instructions and they are subject to a duty of confidentiality.

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

9. Your Legal Rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Your rights include:

• Request access to your personal data.
• Request correction of your personal data.
• Request erasure of your personal data.
• Object to processing of your personal data.
• Request restriction of processing your personal data.
• Request transfer of your personal data.
• Right to withdraw consent.

If you wish to find out more or exercise any of the rights set out above, please contact us.