Privacy policy

Espresso Capital Ltd. (“Espresso”) and its subsidiaries (Espresso and its subsidiaries together being the “Espresso Group”) value and respect the privacy of our users.

This Privacy Notice sets out how we collect, use, disclose and otherwise process your personal data when you visit our Website, request marketing materials or loan documentation from us, sign up to our newsletters, apply for a job with us, or when a company with which you are associated applies for a loan from us, including:

Further privacy information may be provided in additional notices at the time we process personal data.

Third-party links:  Our Website may contain links to other websites we do not own or operate. We provide links to third party websites as a convenience to the user. These links are not intended as an endorsement of or referral to the linked websites. The linked websites have separate and independent privacy policies, notices and terms of use. We do not have any control over such websites, and therefore (to the extent permitted by law) we assume no responsibility or liability for how the organizations that operate such linked websites may collect, use or disclose, secure or otherwise treat personal data. We encourage you to read the privacy policy of every website you visit.

Important information about the Espresso Group:

The Espresso Group entity responsible for your personal data (the “controller”) will be the member of the Espresso Group that originally collects information from or about you, or with whom you have entered into an agreement.

This will usually be:

  • If you visit our website at www.espressocapital.com: Espresso
  • if you are in the UK, Germany or Ireland, Espresso Capital UK Ltd.

You can find out more about the Espresso Group at https://espressocapital.com/ or by contacting us using the information at Contact Us below.

HOW DO WE COLLECT PERSONAL DATA

We collect personal data directly from you, as well as through automated means described in this Privacy Policy. We may also collect personal data about you from third parties: for example, we may ask previous employers for job references when you apply to work with us. 

WHAT PERSONAL DATA WE COLLECT AND WHEN AND WHY WE USE IT

We only collect, use and share your personal data if we are satisfied that we have an appropriate legal basis to do. For individuals in the EU and UK, please see the Appendix for the corresponding lawful basis.

Email Communications: If you sign-up for our email communications such as our monthly newsletters, we will collect your name and email address. You can opt-out of receiving these marketing communications at any time by clicking the unsubscribe link located at the bottom of our emails or by contacting us using the information at Contact Us below. If you unsubscribe, you may continue to receive certain transactional or account-related communications from us (such as account notifications, updates, and responses to inquiries).

White Papers and Webinars: We may collect your name, business email, company name, number of company employees, job title, industry when you download our white papers and view our webinars.

Downloadable Content for Investors: If you request a copy of a fund fact sheet, offering memorandum or subscription documents, we will collect your name, email address and your status as an accredited investor or an investment advisor for you to download the requested documents.  

Employment: If you submit a job application or make a related inquiry, you may provide us with certain personal data (such as that found in a resume, cover letter, or similar employment-related material). We will process this personal data to assess your suitability for employment (and if applicable, to make arrangements to employ you), to respond to your related enquiries and to consider you for other current and future career opportunities.

Loan Applications/Agreements and Investment Opportunities: We may collect names, email addresses, phone numbers, and addresses of directors, officers, senior managers and shareholders, and individual investors (and in some cases, of individuals closely connected to such individuals) to assess loan applications and investment opportunities and manage risk, and to put in place (and manage) loan agreements and associated guarantees where applicable. We may also use this information (and dates of birth) to comply with our legal and regulatory obligations, including to conduct background checks in accordance with anti-money laundering, sanctions, politically-exposed persons and “know your client” requirements. These checks may, exceptionally, reveal special categories of personal data such as political or religious belief, or actual alleged criminal offences. If requested, we may enter into a confidentiality agreement with you in connection with a loan application or investment opportunity.

Suppliers: We may collect names and business contact information (such as email addresses, phone numbers and addresses) of contacts at suppliers to assist us in conducting business and communication with those suppliers.

Surveys and Research: From time to time, we may offer you the opportunity to participate in one of our surveys or other research projects. The information obtained through our surveys and research projects is used in an aggregated, de-identified form to help us understand our users and to enhance our Website.

Contact Us: When you Contact Us with a comment, question or complaint, you may be asked for information that identifies you, such as your name, email address, industry, company name, company website, annual revenue (if applicable), loan amount needed (if applicable), and phone number along with additional information we need to help us promptly answer your question or respond to your comment. In line with the provisions of this Privacy Notice, we may retain this information to assist you in the future and to improve our customer service and product offerings.

Call Recording: We may wish to monitor and record our telephone conversations with you for training and quality assurance purposes.

  • If you are in Germany, your active consent will be sought at the beginning of any call intended for recording.
  • In other jurisdictions, you will be provided with a notice at the beginning of any call being recorded. If you do not wish to have your call recorded, please let us know at that time.

On our Website: When you visit our Website, we may collect certain information about you automatically (with your consent where appropriate) using cookies or similar technologies. This may, depending on your consent settings, include browser and device information, the country that you are located in when accessing the Website, and the link used to access our Website, as well as information about how you interact with our website. We explain the key ways we use this personal data below: for detailed information about cookies, and the specific cookies we use, please see our Cookies Notice. You can change your cookie preferences at any time via our Preference Centre.

Website Functionality: We collect and use certain personal data, such as IP addresses and unique identifiers, and use cookies, to provide essential and optional website functionality (for example, to allow us to remember your privacy preferences, or your preferred language, or to allow you to use our chat functionality).  For more information, please see our Cookies Notice.

Website Analytics: We use  third parties (HubSpot and Google Analytics) to help us gather and analyse information about the areas visited on the Website (such as the pages most read, time spent, search terms and other engagement data) in order to evaluate and improve the user experience and the Website. These third parties may use cookies and other tracking technologies.

When you have agreed to analytics cookies, including Google Analytics, certain information is shared with Google. To prevent the storage and processing of your data (including your IP address) by Google, you can download and install the browser plug-in available at:

https://tools.google.com/dlpage/gaoptout?hl=en.

You can also obtain additional information on Google Analytics’ data privacy and security at:

For more information about cookies, please see our Cookies Notice. We will only collect this information (or share it with a third party such as Google) where you have provided your consent.

Interest-Based Advertising: We work with third-parties such as ad networks and other advertising companies (specifically Google Advertising and LinkedIn) that use their own tracking technologies (including cookies and pixel tags) on our Website in order to provide you with tailored advertisements across the Internet.

These companies may collect information about your activity on our Website and third party websites (such as web pages you visit and your interaction with our advertising and other communications) and use this information to make predictions about your preferences, develop personalized content and deliver ads that are more relevant to you on third party websites. This information may also be used to evaluate the effectiveness of our online advertising campaigns.  We will only collect this information where you have provided your consent. For details of the specific cookies we use please see our Cookies Policy.

For further information about how Google and LinkedIn may use your personal data please see their privacy notices:

Opting-out of Interest-Based Advertising: To opt-out of/withdraw your consent to the collection of information on our Website for interest-based advertising or adjust your preference, please see our Cookie Preferences.

For more information about interest-based advertising and to understand your options, including how you can opt-out of receiving behavioural ads from third-party advertising companies participating in the Digital Advertising Alliance of Canada, please visit the Digital Advertising Alliance of Canada website at http://youradchoices.ca/choices.  If you are in the UK or the EU, similar information is available at https://youronlinechoices.eu/

Please note that even if you opt-out of/ withdraw your consent to interest-based advertising by a third party, these tracking technologies may (where you have provided your consent) still collect data for other purposes including analytics and you will still see ads from us, but the ads will be less relevant to you and your interests. To successfully opt out, you must have cookies enabled in your web browser (see your browser’s instructions for information on cookies and how to enable them). Your opt-out only applies to the web browser you use so you must opt-out of each web browser on each computer you use. Once you opt out, if you delete your browser’s saved cookies, you will need to opt-out again. 

SHARING OF PERSONAL DATA

We share your information in the manner and for the purposes described below. This data sharing may involve your personal data being transferred to other jurisdictions: please see the section “Transferring personal data globally for further information.

Internally: Your personal data may be transferred within the Espresso Group where such disclosure is necessary to provide you with our services or to manage our business.

Service providers: Your personal data may be transferred (or otherwise made available) to, maintained or processed by our affiliates and other third parties in the US, Canada, UK, EU or other jurisdictions who provide services on our behalf. We use service providers to send communications, provide back-office support functions, host the Website and operate certain of its features, and provide advertising and marketing services. If personal data is transferred to other jurisdictions, for example (depending upon your location) the UK, EU, US or Canada, it will be subject to the laws of that jurisdiction and may be disclosed to or accessed by the courts, law enforcement and governmental authorities in accordance with those laws. Our service providers are given the information they need to perform their designated functions and are not authorized to use or disclose personal data for their own marketing or other purposes.

Advertising Partners: Your personal data may be shared with our advertising partners (such as Google and LinkedIn) when you agree to interest based advertising. Please see “Interest Based Advertising” above for further information.

Legal and compliance: The Espresso Group (Canadian, US, UK, and EU) entities and other foreign service providers may disclose your personal data in response to a search warrant or other legally valid inquiry or order, or to another organization for the purposes of investigating a breach of an agreement, contravention of law or detecting, suppressing or preventing fraud, or as otherwise may be required or permitted by applicable Canadian, U.S., UK, EU or other law or legal process, which may include lawful access by relevant foreign courts, law enforcement or other government authorities. Your personal data may also be disclosed where necessary for the establishment, exercise or defense of legal claims and to investigate or prevent actual or suspected loss or harm to persons or property.

Sale of business: We may transfer any information we have about you as an asset in connection with a proposed or completed merger, acquisition or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of our assets or securities, as part of a corporate reorganization or other change in corporate control.

Marketing: With your consent, we may share your information with third parties (including within the Espresso Group) for marketing purposes. To withdraw your consent, please contact us using the contact information at “Contact Us” below.

EXPLAINING MORE ABOUT TARGETED DIRECT MARKETING

How we use personal data to keep you up to date with our products and services

We may use personal data (including your name, job title, company name, email address, number of employees at your company, browser and device information, the country that you are located in when accessing the Website and the link used to access the Website) to build a profile about Espresso products and services that we believe will be of interest to you and to send you tailored direct marketing about those products and services via email. We will respect your preferences for how you would like us to manage marketing activity with you. 

How you can manage your marketing preferences

To protect privacy rights and to ensure you have control over how we manage marketing with you:

  • we will take steps to limit direct marketing to a reasonable and proportionate level and only send you communications which we believe may be of interest or relevance to you (and with your consent, where required by applicable law);
  • you can ask us to stop direct marketing at any time – you can opt-out of receiving marketing communications at any time by clicking the unsubscribe link located at the bottom of our emails or by contacting us using the information at Contact Us below.
  • you may set your browser to notify you when you receive a cookie or to not accept certain cookies. However, if you decide not to accept cookies from our Website, you may not be able to take advantage of all the Website features.
  • To change your preferences with respect to our use of certain cookies, including for interest-based advertising, please see our Cookie Preferences.

TRANSFERRING PERSONAL DATA GLOBALLY

Espresso operates on a global basis. Accordingly, your personal data may be transferred outside of the country or province in which you are located or reside (which may include transfers outside of the province of Quebec, for Quebec residents), and stored in countries including Canada, US and UK that are subject to different standards of data protection. Espresso will take appropriate steps ensure that transfers of personal data are in accordance with applicable law and carefully managed to protect your privacy rights and interests and transfers are limited to countries which are recognized as providing an adequate level of legal protection or where we can be satisfied that alternative arrangement are in place to protect your privacy rights. To this end:

  • we ensure transfers within Espresso will be covered by an agreement entered into by members of the Espresso Group which contractually obliges each member to ensure that personal data receives an adequate and consistent level of protection wherever it is transferred within the Espresso Group;
  • where we transfer your personal data outside of the Espresso Group or to third parties who help provide our products and services, we obtain contractual commitments from them to protect your personal data; and
  • where we receive requests for information from law enforcement or regulators, we carefully validate these requests before any personal data is disclosed.

If your personal data is transferred outside the European Economic Area or the UK, we comply with the requirements of Chapter V of the GDPR or the UK GDPR, as applicable. To the extent that an adequate level of protection is not already ensured on the basis of an adequacy decision of the EU Commission or the UK Parliament, we conclude in particular the standard contractual clauses of the EU Commission for the transfer of personal data (Commission Implementing Decision (EU) 2021/914 of 4 June 2021 on standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council), with the UK Addendum (where appropriate).  In addition, we take supplementary measures to protect your personal data as necessary. The obligation to comply with the requirements of Chapter V of the GDPR/UK GDPR also applies to service providers we use.

You can contact us using the information available at Contact Us below for more information about the safeguards we have put in place (including a copy of relevant contractual commitments) to ensure the adequate protection of your personal data when this is transferred as mentioned above.      

SAFEGUARDS AND RETENTION

We have implemented appropriate administrative, technical and physical measures in an effort to safeguard the personal data in our custody and control against theft, loss and unauthorized access, use, modification and disclosure. We restrict access to your personal data on a need-to-know basis to employees and authorized service providers who require access to fulfil their job and service requirements.

We have personal data retention processes designed to retain personal data of our customers for no longer than necessary for the purposes described above or to otherwise meet applicable legal requirements (which may extend beyond the end of your relationship with us). You may contact us using the information at Contact Us below to learn more about specific retention periods.

Depending on your jurisdiction of residence, and subject to certain exemptions under applicable law, and in some cases dependent upon the processing activity we are undertaking, you may have certain rights in relation to your personal data. Click on the links below to learn more about each right you may have:

We may ask you for additional information to confirm your identity and for security purposes, before disclosing the personal data requested to you. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive.

You can exercise your rights by contacting us using the details at Contact Us below. Subject to legal and other permissible considerations, we will make every reasonable effort to honour your request promptly or inform you if we require further information to fulfil your request. 

We may not always be able to fully address your request, for example if it would impact the duty of confidentiality we owe to others, or if we are legally entitled to deal with the request in a different way.

Right to access personal data

You have a right to request that we provide you with a copy of your personal data that we hold and you have the right to be informed of: (a) the source of your personal data; (b) the purposes, legal basis and methods of processing; (c) the controller’s identity; and (d) the entities or categories of entities to whom your personal data may be transferred.

Right to correct, rectify or erase personal data

You have a right to request that we rectify, update or correct inaccurate personal data. We may seek to verify the accuracy of the personal data before rectifying it.

You can also request that we erase your personal data in limited circumstances where:

  • it is no longer needed for the purposes for which it was collected or otherwise processed; or
  • you have withdrawn your consent (where the data processing was based on consent) and we cannot base the processing on another legal basis; or
  • following a successful right to object (see right to object); or
  • it has been processed unlawfully; or
  • to comply with a legal obligation to which Espresso is subject.

We are not required to comply with your request to erase personal data if the processing of your personal data is necessary:

  • for compliance with a legal obligation; or
  • for the establishment, exercise or defence of legal claims.

Right to restrict the processing of your personal data

You can ask us to restrict your personal data, but only where:

  • its accuracy is contested, to allow us to verify its accuracy; or
  • the processing is unlawful, but you do not want it erased; or
  • it is no longer needed for the purposes for which it was collected, but we still need it to establish, exercise or defend legal claims; or
  • you have exercised the right to object, and verification of overriding grounds is pending.

We can continue to use your personal data following a request for restriction, where:

  • we have your consent; or
  • to establish, exercise or defend legal claims; or
  • to protect the rights of another natural or legal person.

If we have obtained your consent, you may withdraw your consent any time.

Right to transfer your personal data

You can ask us to provide your personal data to you in a structured, commonly used, machine-readable format, or you can ask to have it transferred directly to another data controller, but in each case only where:

  • the processing is based on your consent or on the performance of a contract with you; and
  • the processing is carried out by automated means.
Right to object to the processing of your personal data

You can object to any processing of your personal data which has our legitimate interests as its legal basis, if you believe your fundamental rights and freedoms outweigh our legitimate interests.

If you raise an objection, we have an opportunity to demonstrate that we have compelling legitimate interests which override your rights and freedoms.

Right to object to how we use your personal data for direct marketing purposes

You can request that we change the way we contact you for marketing purposes.

You can request that we not share your personal data with unaffiliated third parties for the purposes of direct marketing or any other purposes. Please note that in certain jurisdictions, such as Canada, we do not share personal data with third parties for their own marketing or other purposes without your prior consent.

Right to obtain a copy of personal data safeguards used for transfers outside your jurisdiction

You can ask to obtain a copy of, or reference to, the safeguards under which your personal data is transferred.

We may redact data transfer agreements to protect commercial terms.

Right to lodge a complaint with your local supervisory authority

If you have concerns about how we are processing your personal data, you have a right to lodge a complaint with your local supervisory authority, in particular the  supervisory authority at your location, place of work or place of alleged infringement.

We ask that you please attempt to resolve any issues with us first, although you have a right to contact your supervisory authority at any time. 

CHANGES TO THIS PRIVACY NOTICE

This privacy notice may be updated periodically to reflect changes of our personal data practices. We will post the updated privacy notice on our Website. This privacy notice was last updated in June 2023.

CONTACT US

If you have any questions or comments about this privacy notice or would like to exercise your privacy rights, please contact us using the following details. These are the central contact details to use for all controllers in the Espresso Group.

Chief Compliance Officer, Enio Lazzer
Phone:+1 416-583-2665
Email: enio@espressocapital.com

APPENDIX – EU/UK Lawful bases for processing

Activity*[1]Lawful basis, including our legitimate interest (where applicable)
Email communicationsMarketing Communications: Our Legitimate Interests in marketing our products and services to businesses that may be interested in our offering, and in maintaining a suppression list to ensure compliance with data subjects’ right to object to such processing of their data. Service Communications: Where the agreement is with your company: To comply with our Legal Obligations;To the extent that our communications are not strictly mandated by law, our overriding Legitimate Interest in complying with our obligations under the terms of any contractual agreement we have with your company. Where we have an agreement with you rather than your company: Performance of a Contract – in order to comply with our obligations under the terms of any contractual agreement we have with you.
White Papers and WebinarsOur Legitimate Interest in marketing our products and services to businesses that may be interested in our offering.  
Downloadable content for investorsOur Legitimate Interest in marketing our products and services to businesses that may be interested in our offering.
EmploymentOur Legitimate Interest inemploying appropriate personnel, to assess your suitability for employment and to respond to your queries. Consent – to retain your information and to send you information about other current/ future opportunities. Performance of a contract or to take precontractual measures – where we take steps to employ you.
Loan Applications/ Agreements and Investment OpportunitiesTocomply with our Legal Obligations. Our Legitimate Interests in complying with our legal and regulatory obligations in an efficient manner and in ensuring that we manage risk appropriately. Performance of a Contract – to comply with our obligations under the terms of any contractual agreement with you, such as a guarantee (where we have an agreement with you rather than your company). Where, and to the extent that, we process special categories of personal data, we consider that it is in the substantial public interest to do so.
SuppliersOurLegitimate Interests in managing our suppliers and managing our relationship with our suppliers.
Surveys and ResearchOur Legitimate Interests in understanding our users, and in improving our products and services.
Contact UsOur Legitimate Interests in responding to potential customers, in managing our business and reputation, and in improving our products and services.
Call RecordingIn Germany: Consent – Your active consent will be sought at the beginning of any call intended for recording. Otherwise: Our Legitimate Interest in ensuring the quality of our services.
Website FunctionalityOur Legitimate Interest in ensuring the safe and secure operation of our website in relation to personal data processed in order to provide essential functionality. Consent – Your active consent will be sought for processing of personal data in order to provide optional (non-essential) functionality.
Website AnalyticsConsent
Interest Based Advertising (including data sharing with our advertising partners)Consent
Data sharing with third parties (including within the Espresso Group) for marketing purposesConsent
Internal administrative purposesOur Legitimate Interests in managing and administering our business efficiently and in compliance with applicable legal and regulatory obligations. Tocomply with our Legal Obligations.
Legal & Compliance purposesThe lawful ground may vary depending upon the specific circumstances. This may include for example where the relevant activity is necessary: for compliance with a legal obligation;for the establishment, exercise or defence of legal claims; orin order to protect the vital interests of an individual. To the extent that special category personal data is processed (such as, on occasion, where carrying out background checks), we will usually rely on the fact that such processing is in the substantial public interest.

[1] Please see full description under “What personal data we collect and when and why we use it” above.