Privacy policy

Introduction
Scope
Information which we obtain about you
What we do with your information
Security of personal information
Transmission of personal information outside the United Kingdom and the EEA
Disclosure of personal information
Storage limits
Cookies
Changes and information
Links
Updates to this Privacy Policy
Your rights

Annex 1: Lawful bases

1. Introduction

Emanate Capital Group (Emanate Capital or we) is an independent corporate and structured finance advisory and investment boutique with a focus on sustainability and the energy transition, with extensive experience across renewable energy, energy infrastructure, infrastructure and real assets. We provide capital solutions globally across debt and equity for private and public companies, buy-side and sell-side, joint ventures and projects. We support businesses from start-up and growth stage through to M&A and recapitalisations.

Emanate Capital does this by:

assisting clients through advising on capital raising for debt and equity
originating debt and equity, structuring, advising on and executing debt and equity transactions
assisting clients with financial feasibility studies, structuring advice and offtake solutions
direct investment.

where most clients and transactions are in the EEA and the UK and capital is typically sourced in the EEA and the UK, albeit with no geographic limitation for clients or assets..

Emanate Capital Limited is based in the UK while our parent company is located in the European Economic Area (EEA), whose details are set out below, is our EU Representative for these purposes:

Emanate Capital Holdings Limited
Valletta Buildings, 2nd Floor, Suite 7
South Street
Valletta, VLT1103, Malta

2. Scope

This document sets out Emanate Capital’s Privacy Policy (the Policy).

This Policy demonstrates how Emanate Capital handle the personal information you provide to us through this website or in the course of your dealings with us. By using this website or otherwise submitting your personal information to us, you are agreeing to the terms of this Privacy Policy. If you are an existing client of ours, further details about how we use your personal information may be set out in your engagement letter with us. Further notices highlighting certain uses we wish to make of your personal information together with the ability to opt in or out of selected uses may also be provided when we collect personal information from you.

If you have any queries regarding this policy or complaints about our use of your information, please contact us at info@emanatecapital.com and we will do our best to deal with your complaint or query as soon as possible.

3. Information which we obtain about you

We will collect and process all or some of the following personal information about you:

Information you provide to us personal information that you provide to us, such as when you register as a client, including your name, your email address and your company;
Credit and Anti-Fraud information information relating to your financial situation, your creditworthiness or any criminal or fraudulent activities provided to us by you or third parties, including information which establishes your identity, such as driving licences, passports and utility bills; information about transactions, [credit ratings from credit reference agencies]; fraud, offences, suspicious transactions, politically exposed person and sanctions lists where your details are included;
Your transactions details of transactions you carry out with us, and of the fulfilment of the services we provide;
Our correspondence if you contact us, we will typically keep a record of that correspondence. This may include telephone calls, which we may record to assist us in training our staff and undertaking quality checks;
Data from third parties From time to time we may receive some personal data from you in the course of undertaking our credit reference and fraud prevention checks described at paragraph (b) above; and
Website and communication usage details of your visits to our website and information collected through cookies and other tracking technologies including, but not limited to, your IP address, domain name, your browser version and operating system, traffic data, location data, web logs and other communication data, and the resources that you access.

4. What we do with your information

We will use your personal information for the purposes of:

Responding to your queries to provide our services to you, including to respond to your queries, to otherwise communicate with you, or to carry out our obligations arising from any agreements entered into between you and us.
Lawful Bases: contract performance, legitimate interests (to enable us to perform our obligations, provide our services to you and keep you informed)
To confirm that your details are correct so that we can ensure that information used to assess any applications you make are entirely correct, which might involve us carrying out cross checks against resources such as the Companies House or the Electoral Roll. Sometimes, where we cannot confirm your details based on the information you initially provide us, we will request further documentation. For example, copies of identification documents or bank statements.
Lawful Bases: contract performance, legitimate interests (to enable us to verify your information)
In relation to fraud/crime prevention personal information we have collected from you will be shared with fraud prevention agencies that will use it to prevent fraud and money-laundering and to verify your identity. If fraud is detected, we may not be able to provide services to you, or your existing account(s) may be frozen, pending investigation.
Lawful Bases: legitimate interests (to allow us to improve our services). Where personal data relating to criminal convictions or offences is processed, we will rely on substantial public interest (fraud prevention) or legal claims, as applicable.
To provide you with marketing materials to provide you with updates and offers, where you have chosen to receive these. We may also use your information for marketing products and services to you by post, email, SMS or phone and, where required by law, we will ask for your consent at the time we collect your data to conduct any of these types of marketing. We will provide an option to unsubscribe or opt-out of further communication on any electronic marketing communication sent to you or you may opt out by contacting us as set out in Section 1 of this Privacy Policy.
Lawful Basis: consent, legitimate interests (to offer you products and services that may be of interest to you)
To reorganise or make changes to our business if our business enters into a joint venture with or is sold to or merged with another business entity, your information may be disclosed to our new business partners or owners who may then provide you with information on their products or services. You may always opt out of hearing from these parties.
Lawful Bases: legitimate interests (in order to allow us to change our business); contract performance (in relation to assignment)
In connection with legal or regulatory obligations we may process your personal information to comply with our regulatory requirements or dialogue with regulators as applicable which may include disclosing your personal information to third parties, the court service and/or regulators or law enforcement agencies in connection with enquiries, proceedings or investigations by such parties anywhere in the world or where compelled to do so. Where permitted, we will direct any such request to you or notify you before responding unless to do so would prejudice the prevention or detection of a crime.
Lawful Bases: legal obligations, legal claims, legitimate interests (to cooperate with law enforcement and regulatory authorities)

5. Security of personal information

We recognise the need to ensure that personal information we collect remains secure. We have security measures in place to protect against the loss, misuse and alteration of the personal information under our control. You acknowledge that although we exercise adequate care and security there remains a risk that information transmitted over the Internet and stored by computer may be intercepted or accessed by an unauthorised third party.

6. Transmission of personal information outside the United Kingdom and the EEA

The information you provide to us may be given by us to connected persons in countries outside the United Kingdom and the European Economic Area (EEA) who may not always have equivalent data protection laws. However, we will always take steps to ensure that your information is used by third parties in accordance with this Privacy Policy and that it is kept secure.

Where we transfer personal information from inside the EEA to outside the EEA, we may be required to take specific additional measures to safeguard the relevant personal information. Certain countries outside the EEA have been approved by the European Commission as providing essentially equivalent protections to EEA data protection laws and therefore no additional safeguards are required to export personal information to these jurisdictions. In countries which have not had these approvals (see the full list here), we will establish legal grounds justifying such transfer, such as EU Commission-approved model contractual clauses, or other legal grounds permitted by applicable legal requirements.

Please contact us as set out in Section 1 of this Privacy Policy if you would like to see a copy of the specific safeguards applied to the export of your personal information.

7. Disclosure of personal information

We may disclose information about you to any of our employees, officers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes as set out in this Privacy Policy.

In some cases we may also be required to disclose your personal information to comply with legal requirements and requests from government agencies, or in order to establish, exercise or defend our legal rights including by providing information to counterparties in connection with any legal proceedings.

8. Storage limits

Our retention periods for personal data are based on business needs and legal requirements. We retain personal information for as long as is necessary for the processing purpose(s) for which the information was collected, and any other permissible, related purpose. For example, we may retain certain transaction details and correspondence until the time limit for claims arising from the transaction has expired, or to comply with regulatory requirements regarding the retention of such information. When personal information is no longer needed, we either irreversibly anonymise the information (and we may further retain and use the anonymised information) or securely destroy the data.

9. Cookies

We use small text files called ‘cookies’ which are placed on your hard drives to assist us in providing the website or services you request to use. For example, a cookie can be used to recognise a user in different areas of the site so that a user’s experience of the site is not interrupted. Other cookies can be used to store browsing preferences in an area of the site so that a user does not need to choose these again on subsequent visits to that area. On our website, we only use cookies which would be classified as “strictly necessary” (i.e. essential to the functioning of our website).

10. Changes and information

We will use reasonable endeavours to ensure that your personal information is accurate. In order to assist us with this, you should notify us if there is a need to amendment any of the personal information we hold about you. Should you wish to have your information updated or corrected please contact info@emanatecapital.com

11. Links

Our website may contain links to other websites belonging to third parties. We do not control the privacy practices of these other websites. You should therefore make sure when you leave our website that you have read that website’s privacy policy.

12. Updates to this Privacy Policy

We may update this Privacy Policy at any time without notice – any changes will be notified to you using the email address you have given us and/or by an announcement on this website. Your continued use of this website and/or our services, following the posting of changes to these terms, will mean you accept these changes.

13. Your rights

If you have any questions in relation to our use of your personal information, you should first contact us as set out in Section 1 of this Privacy Policy. Under certain conditions, you may have the right to require us to:

provide you with a copy of the personal data we hold about you.
provide you with further details on the use we make of your information.
update any inaccuracies in the personal information we hold (please see Section 10 of this Privacy Policy).
delete any personal information that we no longer have a lawful ground to use.
where processing is based on consent, to withdraw your consent so that we stop that particular processing.
to ask us to transmit the personal data you have provided to us and we still hold about you to a third party electronically.
object to any automated decision making or processing based on the legitimate interests ground unless our reasons for undertaking that processing outweigh any prejudice to your data protection rights.
restrict how we use your information whilst a complaint is being investigated.

If you wish to exercise any of these rights, please contact us on info@emanatecapital.com enclosing your postal details.

Your exercise of these rights is subject to certain exemptions to safeguard the public interest (e.g. the prevention or detection of crime) and our interests (e.g. the maintenance of legal privilege). If you exercise any of these rights we will check your entitlement and respond in most cases within a month.

If you are not satisfied with our use of your personal information or our response to any exercise of these rights you have the right to complain to the Information Commissioner’s Office.

Annex 1: Lawful bases

Use of personal information under UK/EU data protection laws must be justified under one of a number of legal “grounds” and we are required to set out the grounds in respect of each use in this Privacy Policy. We note the grounds we use to justify each use of your information next to the use in the “What we do with your information” section of this Privacy Policy.

These are the principal legal grounds that justify our use of your personal data:

Consent: where you have consented to our use of your information (you will have been presented with a consent form in relation to any such use and may withdraw your consent by editing your preferences on the consent form or by contacting us at: info@emanatecapital.com

Contract performance: where your information is necessary to enter into or perform our contract with you.

Legal obligation: where we need to use your information to comply with our legal obligations.

Legitimate interests: where we use your information to achieve a legitimate interest and our reasons for using it outweigh any prejudice to your data protection rights.

In determining that the use of your information is necessary to achieve a legitimate interest of ours, we have taken into account your data protection rights. If you have any questions about the assessment we have made in order to rely on this legal basis, please contact us using the details set out in Section 1 of this Privacy Policy.

These are the principal Lawful Bases that justify our potential processing of personal data relating to criminal offences and convictions:

Substantial Public Interest: to prevent fraud

Legal claims: where your information is necessary for us to defend, prosecute or make a claim against you, or a third party.