This privacy notice applies if you are an employee, consultant or a prospective employee or consultant of Capula Investment Services Limited (or any of its affiliates) or a member of Capula Investment Management LLP. This privacy notice sets out the basis on which personal data about you (i.e information that identifies you) will be processed by Capula Investment Services Limited, Capula Investment Management LLP and/or any of their affiliates, as relevant (together and/or separately, as the context may require, “Capula” or “we” or “us”). Please take the time to read and understand this privacy notice.
Capula is a data controller in respect of your personal data for the purposes of data protection law, such as the European Union’s General Data Protection Regulation. This means that Capula determine the means for and the manner in which we process your personal data; and we are responsible for ensuring that we use your personal data in compliance with data protection law.
Capula may collect and process the following personal data about you which you provide to us by filling in forms or by communicating with us, whether face-to-face, by phone, in writing or by e-mail or which we otherwise collect through the recruitment process and during your employment with us.
Information that you provide to us:
i. your full name, home address, contact details and emergency contacts, gender, date of birth, nationality, education, skills and qualification details, marital status, maternity/paternity information, copies of birth certificate, marriage certificate, driving licence, passport, previous and current compensation history, benefits, deferred awards, directorships, immigration related information and outside interests;
ii. bank account details for the transfer of your salary, bonus payments, drawings and other benefits; tax details (including National Insurance Number, tax forms (including HMRC), social security number), personal account dealing information, utility bills, bank statements or mortgage statements;
iii. Next-of-kin, emergency contact details, family visa-related information, any personal information of your dependants collected for the purposes of obtaining relevant visas, enrolment into benefit schemes on behalf of spouses or dependants (insurance, pensions, childcare salary sacrifice and voucher scheme documentation) and their personal account dealing information;
iv. Health information, including sickness notes, self-certifications, disability information, occupational health assessment results and display screen equipment results.
Information we collect or generate about you:
i. work-related details such as your job position, office location, work arrangement, employment history, previous employer references, conduct history (civil and criminal), education and certifications, performance at work, pay and benefits information, a copy of your employment agreement, photograph, interview notes, swipe card history, CCTV records, training records, inter-office family and personal relationships, disciplinary and grievance notes, attendance and absences, compensation, sickness, headcount management information reports, credit history, county court judgements and any other civil or criminal conduct data which is in a public domain;
ii. personal data that we collect through your use of our email system or through monitoring of browser history;
iii. personal data disclosed by you in the course of telephone conversations where such conversations are required to be recorded for regulatory compliance reasons;
iv. information obtained through an exit interview with you (upon your departure from our organisation), including your reasons for leaving; and
v. inv. search results from the UK Financial Conduct Authority or any other governmental or regulatory body providing licences required for you to perform your obligations under your contract of employment, recruitment and screening agencies, general public media information and social media searches.
Some of the above information (such as your medical records, genetic and biometric data, civil and criminal conduct history, race, ethnicity, religious beliefs, sexual orientation, political opinions, religious or ideological convictions) is categorised as sensitive personal data. As with any personal data, we will only collect and process sensitive information where we have a legal basis for such collection and processing, including where required or permitted under applicable law or where we have your consent (where we are legally required to do so).
The processing of certain personal data is necessary to (i) enable Capula to enter into a contract of employment with you; (ii) comply with certain obligations under your employment contract (for example, you are required to report absences from work); (iii) exercise your statutory rights (for example, in relation to statutory leave entitlements). Accordingly, if certain personal data is not provided when requested, it may hinder Capula's ability to administer efficiently the rights and obligations arising out of the employment relationship or you may be unable to exercise your statutory rights.
Your personal data may be stored and processed by us for the following purposes:
i. to run recruitment and promotion processes, to conduct pre-employment vetting and background screening checks to verify information provided by you (including, sensitive personal data relating to your criminal records and credit checks) in order to confirm your suitability for any current or future recruitment requirements or admission as a member;
ii. to meet our legal obligations as an employer and perform our obligations and exercise our rights under your contract of employment with us. For example, we use your personal data to pay you, to evaluate your individual performance, for training purposes and provide benefits in connection with your employment;
iii. to comply with legal, regulatory or self-regulatory practices or procedures which relate to our business. For example, in respect of staff who perform an FCA Controlled Function, to conduct UK standard criminal record checks and FCA register checks, in addition to completing FCA ‘Form A’;
iv. for security or health and safety purposes where we use the private contact details relating to you and your next of kin (only in connection with an emergency); and
v. to enable the effective and secure operation of the email system and ensure that it is used in accordance with the applicable law and our policies and procedures.
Capula is entitled to process your personal data in these ways for the following reasons:
i. to perform our obligations and exercise our rights in connection with your employment contract with us;
ii. for the purposes of occupational health and to take decisions regarding your fitness for work;
iii. to discharge our legal and regulatory obligations;
iv. ensure effective general HR and business administration (including record keeping, workforce management and acceptable conduct within the workplace);
v. to be able to contact you or your family in the event of an emergency;
vi. for the legitimate business interests of Capula, such as:
vii. in respect of any processing of sensitive personal data falling within special categories, if there is a legislative justification for its processing.
We may share your personal data within the Capula group (including with your line manager, management of the other business functions, HR, legal and compliance, administration and IT staff) for the purposes of: (i) management and administration of our business, (ii) complying with the functions that each of the entities may perform, (iii) regional or global HR decision-making and benchmarking of employee salaries and benefits, (iv) assessing compliance with applicable laws, rules and regulations, internal policies and procedures across our business and (v) enabling adequate communication with you for the performance of pre-employment screening, employment duties, provision of benefits, provision of occupational health services or for emergency reasons.
Capula may from time to time, in connection with the purposes described in the previous section, disclose your personal data to third parties outside of the Capula group, including (i) professional advisers such as law firms and accountancy firms, (ii) travel agents, payments, technology and communication service providers, (iii) counterparties and (iv) courts and regulatory, tax and governmental authorities (v) immigration service providers. In particular, personal details (including passport details) of trading staff and senior personnel may be disclosed to trading counterparties and certain key service providers to satisfy the relevant regulatory requirements.
Capula will use its reasonable endeavours to ensure that your personal data is accessed by Capula group’s staff and third parties on a need to know basis and subject to general confidentiality arrangements.
Your personal data may be transferred to and stored by persons outside the European Economic Area (the “EEA”), and in particular may be transferred to and stored by individuals operating outside of the EEA who work for a non-EEA Capula group entity or a third party.
Where personal data is transferred outside of the EEA, Capula will ensure that the transfer is subject to appropriate safeguards or is otherwise permitted under applicable law. For example, the country to which the personal data is transferred may be approved by the European Commission, the recipient may have agreed to model contractual clauses approved by the European Commission that oblige them to protect the personal data, or the recipient may be located in the United States and be a certified member of the EU-US Privacy Shield scheme.
We are committed to safeguarding and protecting your personal data and we maintain appropriate security measures to protect your personal data from improper, unauthorised, unlawful or accidental disclosure, destruction, alteration, use, access, loss or damage.
How long Capula holds personal data for will vary. The retention period will be determined by various criteria, including the purposes for which Capula is using it and legal obligations (as laws or regulations may set a minimum period for which Capula has to keep your personal data.
You have a number of legal rights in relation to the personal data that we hold about you. These rights include:
If you would like further information on the collection, use, disclosure, transfer (including the protection given to your personal data when it is transferred outside of the EEA) or processing of your personal data or the exercise of any of the rights listed above, please address questions, comments and requests to the HR department. Additionally, you can find out more information about your rights by contacting the Information Commissioner’s Office, the data protection regulator in the UK, or by searching their website at https://ico.org.uk/.