The following privacy notice (the “notice”) is issued by Audentia Capital Management LLP and any holding company or subsidiary company as defined in section 1159 of the Companies Act 2006, referred to in this notice as “we”, “our”, “us” or “Audentia”, for Audentia and any fund to which Audentia has been appointed as investment manager.
For the purposes of data protection law, we are a data controller in respect of your personal data. We collect and use your personal data and where applicable this may include information related to your spouse/partner, directors, partners and owners (your “representatives”). Audentia is responsible for ensuring that it uses your personal data in compliance with data protection law.
Our Privacy Officer can be contacted using the details in the “Contact us” section below.
This notice applies to any personal data we receive from you, create or obtain from other sources and explains how it will be used by us. It is important that you take the time to read and understand this notice so that you understand how we will use your personal data and your rights in relation to your personal data.
Personal data that we collect from you
We will collect and use the following personal data about you and your representatives:
Information you give us
This is information about you (and your financial adviser/representative or beneficial owner which may include a child for whom you have parental responsibility, if applicable,) that you (and/or your financial adviser/representative, if applicable) give us by filling in forms or by corresponding with us by phone, e-mail or otherwise.
We collect this information from you through various means, including, but not limited to, when you give us your contact information, enter into an investment advisory contract with us, buy securities (i.e., interests in a fund) from us, tell us where to send money, or make a wire transfer. We also may collect your personal information from other sources, such as our affiliates or other non-affiliated companies.
The information you give us may include name, address, e-mail address and phone number, financial information, credit history, identification records.
Information we collect or generate about you and your representatives
We sometimes record telephone conversations and monitor email communications to resolve complaints, improve our service and in order to comply with our legal and regulatory requirements. We generate data to improve our service and to manage, administer and take decisions about your account. The information we capture in this way may include your name, address, e-mail address and phone number, financial and debit card information, credit history and identification records.
Information we receive from other sources
- Verifying your identity – We will use information provided by third parties (e.g. fraud prevention agencies) when verifying your identity and when carrying out anti money laundering checks. Such information may include some details about any criminal convictions and any allegations regarding criminal activity that relate to you, as well as details of your status as a politically exposed person. It may also include your nationality and identification records (e.g. passport information).
- Intermediaries – We may receive information from dealers, brokers and introducers for the purposes of entering in to and administering your agreement. This may include your name, address, e-mail address and phone number, financial and debit card information, credit history and identification records.
- Public databases – We may obtain information about you from public databases.
How we use your personal data
Your personal data may be used by us in the following ways:
- to verify your identity as part of our client onboarding process;
- in order to detect and prevent fraud and money laundering;
- in order to identify politically exposed persons.
Products and services
- in order to manage and administer your accounts and holdings;
- in order to provide you with information, products or services you may request from us;
where you have provided your consent to do so (to the extent such consent is required by law), to send promotional information about our products and services via the methods you specify (i.e. email, post etc).
Reasons we might process your personal data
We will process your personal data in line with one of the following legal bases:
- in order to perform our obligations under our contract with you;
- to comply with our legal and regulatory obligations;
- to establish, exercise or defend our legal rights and / or for the purpose of (or in connection with) legal proceedings;
- for the prevention of fraud; and
- the use of your personal data as described is necessary for our legitimate business interests such as:
- enforcing the terms and conditions of any agreement we have with you;
- the recovery of outstanding debts existing under an agreement with you;
- to send promotional information about our products and services via the methods you specify (where you have provided consent to do so).
Sharing your personal data
We may disclose your personal data within Audentia and to third party service providers in the circumstances described below:
- to ensure the delivery of products or services to you;
- to ensure the safety and security of our data; and
- for internal research and statistical analysis purposes.
We will take steps to ensure that the personal data is accessed only by personnel that have a need to do so for the purposes described in this notice.
We may also share your personal data outside of Audentia:
- with an insurer or insurers for administration, claims handling and fraud prevention (which could include passing it to other insurers);
- with any broker or introducer of an agreement with us;
- with tracing and repossession agents;
- if we sell any of our business or assets, in which case we may disclose your personal data to the prospective buyer for due diligence purposes;
- if we are acquired by a third party, in which case personal data held by us about you will be disclosed to the third party buyer; and
- with third party agents for the purposes of providing services to us.
These third parties will be subject to confidentiality requirements and they will only use your personal data as described in this privacy notice.
We may also share your personal data outside of Audentia to the extent required by law, for example if we are under a duty to disclose your personal data in order to comply with any legal obligation (including disclosures made to credit agencies and Companies House), and to establish, exercise or defend our legal rights.
Transfer of personal data outside the European Economic Area
The information you provide to us will be transferred to and stored on our secure servers in the European Economic Area (“EEA”). However, from time to time, your personal data may be transferred to, stored in, or accessed from a destination outside the EEA. It may also be processed by staff operating outside of the EEA who work for a company in Audentia or for one of our suppliers.
Where we transfer your personal data outside the EEA, we will ensure that it is protected in a manner that is consistent with how your personal data will be protected by us in the EEA. This can be done in a number of ways, for instance:
- the recipient of the data might be a signatory to binding corporate rules;
- the country that we send the data to might be approved by the European Commission or a relevant data protection authority;
- the recipient might have signed up to a contract based on “model contractual clauses” approved by the European Commission, obliging them to protect your personal data; or
- where the recipient is located in the US, it might be a certified member of the EU-US Privacy Shield scheme.
In other circumstances the law may permit us to otherwise transfer your personal data outside the EEA. In all cases, however, we will ensure that any transfer of your personal data is compliant with data protection law.
How long we keep your personal data
How long we hold your personal data for will vary. The retention period will be determined by various criteria including:
- the purpose for which we are using it – we will need to keep the data for as long as is necessary for that purpose; and
- legal obligations – laws or regulation may set a minimum period for which we have to store your personal data.
You have a number of rights in relation to the personal data that we hold about you. These rights include:
- the right to obtain information regarding the processing of your personal data and access to the personal data which we hold about you;
- the right to withdraw your consent to our processing of your personal data at any time. Please note, however, that we may still be entitled to process your personal data if we have another legitimate reason (other than consent) for doing so;
- in some circumstances, the right to receive some personal data in a structured, commonly used and machine-readable format and/or request that we transmit those data to a third party where this is technically feasible. Please note that this right only applies to personal data which you have provided to us;
- the right to request that we rectify your personal data if it is inaccurate or incomplete;
- the right to request that we erase your personal data in certain circumstances. Please note that there may be circumstances where you ask us to erase your personal data but we are legally entitled to retain it;
- the right to request that we restrict our processing of your personal data in certain circumstances. Please note that there may be circumstances where you ask us to restrict our processing of your personal data but we are legally entitled to refuse that request;
- the right to object to our processing of your personal data where we process your personal data in line with our legitimate business interests. Please note that there may be circumstances where you object to our processing of your personal data but we are legally entitled to refuse that request;
- the right to object to any automated decision making (including profiling) which we conduct based on your personal data, which significantly affects you. Please note that there may be circumstances where you object to us conducting automated decision making but we are legally entitled to refuse that request;
- the right to object to the processing of your personal data for direct marketing purposes; and
- the right to lodge a complaint with the data protection regulator (details of which are provided below) if you think that any of your rights have been infringed by us.
You can exercise your rights by contacting us using the details set out in the “Contact us” section below.
You can find out more information about your rights by contacting the data protection regulator, the Information Commissioner, or by searching its website at https://ico.org.uk/ (opens in a new window).
We are registered in the UK and our registered address is at 150 Aldersgate Street, London, EC1A 4AB.
Write to us at our address: Audentia Capital Management LLP, 20 Arlington Street, St. James’s Street, London, SW1A 1RG
By telephone on 020 3927 8900
By email to firstname.lastname@example.org