This Privacy Notice informs you of important information about how Moorgate Capital Partners, LLC and its affiliates (together, “Moorgate” “we” or “our”) process the Personal Data that we collect in online and offline formats through the Services.
“Personal data” means data that reasonably can be used to identify a living person, or that reasonably relates to a living person.
When we use the term “Services” we mean to refer collectively to:
The provision of financial advisory services and corporate strategic advisory to our clients and prospective clients (“Client Services”);
The websites and mobile applications owned and controlled by us that link to this Privacy Notice (“Sites”); and
Our marketing and business development activities, including events we host, social media properties we create, and emails that we send (“Marketing Activities”).
This Privacy Notice covers the personal data that we collect through the provision of our Services.
How We Collect and Use Personal Data
We collect and process personal data about a number of different individuals through the provision of the Services. These individuals include our individual clients and prospective clients, their representatives, visitors to our offices, visitors to our Sites, vendors, and other individuals.
Clients and Prospective Clients
We operate in a regulated industry. This means we are required to obtain certain information before we can accept someone as a client. For individual clients, this includes, but is not limited to:
Name
Contact details
Financial information
Information to verify identity, such as passport
The majority of our clients are corporate entities and data about entities is not personal data. But we do process personal data of company employees, representatives and other personal data clients provide to us, or allow us to collect on their behalf, while providing the Client Services. This includes contact information and any other personal data that is relevant to or necessary for us to perform a proper background check, or a required “Anti-Money Laundering” or “Know Your Customer” background check in order to deliver the Client Services.
We also process personal data to assist in building relationships. This includes name, contact information and job title and may also include education information, work history and gender. If you attend one of our events, we may also have information about your dietary requirements.
We collect and use this information to provide the Client Services and for other legitimate business interests. For example, we use contact details to send communications, news updates and invitations to events.
We also obtain personal data from third-party sources in connection with Client Services and general internet searches. Such third-party information sometimes contains personal data about family, health or immigration status. We use this information to perform relevant diligence, conduct investigations and perform conflict checks.
Our legal basis for processing personal data in connection with Client Services is:
To comply with legal obligations and professional responsibilities;
To perform contracts;
To pursue our legitimate interests of:
ensuring that we deliver the best possible service to our clients,
keeping individuals informed of developments in the markets,
business development and general marketing,
providing you with information on our services and events, and
ensuring we build and maintain a good working relationship with you
Your consent, but where we make it clear to you in advance that we are relying on you consent (for example, when you sign up to our mailing list).
For prospective clients, or an employee or representative of a prospective client, we will process personal data including your name and contact details as well as details of any interactions you may have with us or our attorneys (for example, meetings you have had or pitches you have invited us to).
We may obtain this information directly from you, from your employer or from publicly available sources like your employer’s website.
The legal bases we rely on to process your personal data is:
To take steps requested by you prior to entering into a contract with you;
To pursue our legitimate interests in building our business and developing a relationship with potential new clients.
Other Business Contacts
If you have had contact with Moorgate, for example through emailing us or meeting a representative of Moorgate, we collect, use and store limited amounts of personal information relating to you, such as your name, job title, employer organization and contact details. We also use publicly available information about you or information you have provided us with to add to Moorgate’s contact database.
We will collect and store this personal information for the purposes of:
maintaining a record of contacts;
providing periodic business updates as described below;
organizing meetings between you and your Moorgate representatives; and
sending you periodic updates about Moorgate’s business, activities and opportunities, in particular, by email and post; you can opt out of receiving updates at any time by asking your Moorgate business contact to remove you from updates.
We will share the personal information we hold about business contacts with:
companies which process personal information on Moorgate’s behalf;
professional advisors, such as accountants, lawyers or other consultants;
other companies in the Moorgate group, including in the United States;
Moorgate’s auditors; and
applicable regulators and other governmental agencies anywhere in the world.
Visitors to Our Sites
Certain visitors interact with the Sites in ways that lead us to gather personal data. The amount and type of data that we gather depends on the nature of the interaction. Visitors can always refuse to supply personal data, with the caveat that it may prevent them from engaging in certain Site-related activities.
In addition, we collect information automatically as disclosed in our “Cookie Notice” below.
The legal bases we rely on to process this information is:
To pursue our legitimate interests in ensuring the safety and security or Sites;
To pursue our legitimate interests in developing and growing our business, operating and improving the Sites; and
Your consent, where we make it clear to you in advance that we are relying on you consent.
Visitors to Our Offices
For visitors to our offices we will take a record of name and contact information. This information is recorded for legitimate business purposes and for health and safety purposes so that we know who is in the building in event of an emergency. If you attend one of our events and we serve food we may have information about your dietary requirements.
The legal bases we rely on to process your personal data is:
To comply with our legal obligations;
To pursue our legitimate interests in ensuring the safety and security or our employees and visitors.
Vendors and Business Partners
We process personal data of vendors and business partners, including name and contact details. For vendors, we do this so that we can liaise about the services the vendors are providing to us now and in the future. For business partners, we do this to support, grow and maintain the relationship. For individual vendors and business partners, we also may hold financial information in order to pay invoices. Sometimes we receive this information from a third party who is recommending the service to us.
The legal basis we rely on to process this personal data is:
To pursue our legitimate interests of managing and operating our business, including through use of vendors.
The Personal Data we hold about individuals associated with our vendors and business partners will be shared with:
companies which process personal information on Moorgate’s behalf;
professional advisors, such as accountants, lawyers or other consultants;
other companies in the Moorgate group, including in the United States;
Moorgate’s auditors; and
applicable regulators and other governmental agencies anywhere in the world.
Other Individuals
When we provide certain types of Client Services we may be provided with personal data from third parties about a number of individuals other than those described explicitly in this Privacy Notice. The personal data we process will depend on the type of matter for which our client has retained us. For example, if we are engaged by our client to advise them on buying a business, we may receive personal data about the target company’s customers and employees in order to conduct a due diligence exercise and determine the risks that exist at the target business.
The primary reason we process this personal data is to provide the Client Services, fulfill our professional duties, comply with the law and operate our business.
We can obtain this information from a number of different sources including our client, our client’s opponent or counterparty, the courts, tribunals and law enforcement authorities.
The legal bases we rely on to process your personal data is:
To comply with our legal obligations and meet our professional responsibilities;
To pursue our legitimate interests of operating our business, providing Client Services and conduct Marketing Activities.
Additional Uses of Personal Data
In addition to the uses described above, we may use your Personal Data for the following purposes. Some of these uses may, under certain circumstances, be based on your consent, may be necessary to fulfill our contractual commitments to you, or are necessary to serve our legitimate interests in the following business operations:
Operating our business, administering the Services and managing your accounts;
Contacting you to respond to your requests or inquiries;
Processing and completing your transactions including, as applicable, order confirmation and delivering products or services;
Providing you with newsletters, articles, alerts and announcements, event invitations, and other information that we believe may be of interest to you;
Providing you with marketing information, and other information that is tailored to your interests;
Conducting research, surveys, and similar inquiries to help us understand trends and client needs;
Analyzing your interactions with us, and improving our products, services, programs, and other offerings;
Preventing, investigating, or providing notice of fraud, unlawful or criminal activity, or unauthorized access to or use of Personal Information, our website or data systems; or to meet legal obligations; and
Enforcing our Terms of Use and other agreements.
How We Share and Disclose Personal Data
We share Personal Data with the following categories of recipients.
Service Providers
We may disclose your Personal Data to third-party service providers to provide us with services such as background checks (including “Anti-Money Laundering” and “Know Your Customer” checks), website hosting, professional services, including information technology services and related infrastructure, customer service, e-mail delivery, auditing and other similar services.
Affiliates
We may disclose Personal Data to our affiliates for the purposes described in this Privacy Notice, including for their marketing purposes, and to be consistent with our goal of providing our the superior client service and engagement experience that our clients have come to expect from us around the world.
To Perform Client Services
We will also disclose Personal Data to the following categories of third parties: (i) anyone involved in the transaction or other matter we are working on, (ii) law enforcement, tax and regulatory agencies and bodies, (iii) insurers, and (vi) service providers such as IT and telephony services, catering, document production and postal and delivery services.
We may disclose Personal Data to third parties in order to perform services you request or functions you initiate, such as when you post information and materials on message boards and forums.
Corporate Transactions or Events
We may disclose your information to a third party in connection with a corporate reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or capital, including in connection with any bankruptcy or similar proceedings.
Other Legal Reasons
In addition, we may use or disclose your Personal Data as we deem necessary or appropriate: (1) under applicable law, including laws outside your country of residence; (2) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (3) to comply with subpoenas and other legal processes; (4) to pursue available remedies or limit damages we may sustain; (5) to protect our operations or those of any of our affiliates; (6) to protect the rights, privacy, safety or property of Moorgate, our affiliates, you and others; and (7) to enforce our terms and conditions.
How long will you use my information for?
We will only retain your personal information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. 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 unauthorized 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.
In some circumstances we may anonymize your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you.
State of California, United States
We may disclose Personal Data to Moorgate affiliates, which may use this information for all purposes outlined in this Privacy Notice. Under California Civil Code Section 1798.83, separate legal entities are considered “third parties” and certain communications with our affiliates might be viewed as promoting legal services. Therefore, we are providing the following information for California residents who have provided us with their Personal Data during the creation of or during the course of an established legal services relationship that is primarily for personal, family, or household purposes (“California Residents”).
Individual California Residents may request information about our disclosures of certain categories of Personal Data to third parties (i.e., our affiliates) for such third parties’ direct marketing purpose, consistent with California Civil Code Section 1798.83.
Individual California Residents must submit requests to us by mail at the following address:
Moorgate Capital Partners, LLC
Attn: Legal and Compliance Department
1686 Union Street, Suite 307
San Francisco, CA 94123
(415) 678-5116
In response, we will provide a list of the categories of “Personal Information”, as that term is defined by California Civil Code Section 1798.83, disclosed to third parties for direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties.
This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted other than to the email or mailing addresses specified in this section
Australia
If we fail to respond to your complaint within a reasonable period of receiving it in writing, or if you are dissatisfied with the response that you receive from us, you may lodge a complaint with the Office of the Australian Information Commissioner (“OAIC”). Details of how to contact the OAIC are located at www.oaic.gov.au.
E-mail Marketing
We may periodically send you relevant alerts and newsletters by e-mail. To help improve our marketing activities, we sometimes receive a confirmation when you open an e-mail or click on a link included in one of these emails, if your computer supports such capabilities. Instructions on how to unsubscribe from these alerts and newsletters are included in each e-mail.
Cookie Notice
Cookies are small text files that are placed on your device by websites that you visit. Cookies are typically used in order to ensure websites work, or work more efficiently, as well as to provide information about website usage.
How We Use Cookies
We use cookies to ensure the Sites function as intended as well as to gather information on how visitors navigate through the Sites, to understand usage patterns and to improve our Sites, products, and Services.
Other than cookies which are strictly necessary in order to ensure Site functionality, we only use Google analytics cookies. These cookies collect information about how visitors use the Sites in an aggregated, anonymous form. The information they collect includes the number of visitors to the Sites, where the visitors accessed the Sites from, and the Sites they visited.
For more information about Google analytics cookies, please visit Google’s overview of privacy and safeguarding data.
How to Control Cookies
Most web browsers allow you to control cookie settings, typically under the sections “Help” or “Internet Options.” To find out more information on how to control cookies through your web browser, please visit the browser developer’s website. If you disable or delete certain cookies in your settings, you may not be able to use features of the Sites.
To opt out of Google analytics cookies across all websites, please visit https://tools.google.com/dlpage/gaoptout.
Links to Other Sites
Occasionally we provide links to other websites for your convenience and information. These sites operate independently from our Sites and are not under our control. These sites may have their own privacy notices or terms of use, which you should review if you visit any sites linked through our Sites. We are not responsible for the content or use of these unrelated sites.
Updates to this Privacy Notice
Although most changes are likely to be minor, Moorgate may change its Privacy Notice from time to time, and at Moorgate’s sole discretion. Moorgate encourages visitors to frequently check this page for any changes to its Privacy Notice.
How to Contact Us
If you have any queries, questions or concerns about this Privacy Notice or our personal data handling practices, please contact us at:
Moorgate Capital Partners, LLC
Attn: Legal and Compliance Department
1686 Union Street, Suite 307
San Francisco, CA 94123
(415) 678-5116