1. Background

1.1 Arcmont Asset Management Limited, with its registered office at 5 Hanover Square, London, W1S 1HE and with company number 12029504, and other companies in the Arcmont group collect and use certain Personal Data. Arcmont is responsible for ensuring that it uses that Personal Data in compliance with data protection laws, including (but not limited to) the European Union’s General Data Protection Regulation (EU) 2016/679 (“EU GDPR”), the EU GDPR as it forms part of the law of England and Wales, Scotland and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018 (the “UK GDPR”), the Data Protection Act 2018, as updated from time to time.

1.2 At Arcmont we respect the privacy of our clients and counterparts, and we are committed to keeping your Personal Data secure. This Privacy Notice governs the handling of Personal Data by Arcmont in the course of carrying on commercial activities.

1.3 We use the following definitions in this Privacy Notice:

  • Arcmont, we or us means Arcmont Asset Management Limited and other entities within the Arcmont group.
  • Arcmont Website means the Arcmont website: www.arcmont.com.
  • Cookie means a small text file that includes a small quantity of information sent to the browser of website Users, by a web server, and stored on the hard disk drive of a computer for purposes of archiving, collecting navigation data for statistical analysis purposes, and offering Users services related to their interests or location.
  • Investor means any individual or prospective investor, or a director, officer, employee and/or beneficial owner of a corporate investor in any one or more of the funds or accounts managed or advised by or on behalf of Arcmont.
  • Personal Data means any data which relates to a living individual who can, directly or indirectly, be identified from that data or from that data and other information which is in the possession of, or is likely to come into the possession of, Arcmont (or its representatives or service providers). In addition to factual information, it includes any expression of opinion about an individual and any indication of the intentions of Arcmont or any other person in respect of an individual.
  • Privacy Notice means this privacy notice.
  • User(s) or you means the individual(s) to whom the Personal Data relates. Your should be construed accordingly.

2. About this Privacy notice

2.1 This Privacy Notice sets out the basis on which Personal Data that you provide to us, that we create, or that we obtain about you through the Arcmont Website or other sources will be processed by us. Please take the time to read and understand this Privacy Notice.

3. The types of personal data we collect

3.1 We will collect and process the following Personal Data about you:

  • Information that you provide to Arcmont. This includes information about you that is provided to us by or on behalf of you, any affiliate, any fund managed by Arcmont or any service provider whether by phone, email, face-to-face or otherwise. This information may include (by way of a non-exhaustive list):
    • basic Personal Data (such as first name, family name, position in the company, company name, company email address, business phone number, business address, city, postcode, country);
    • information you give to us by virtue of making an investment in one or more funds and/or any associated interactions (including, without limitation, subscription documents), such as nationality, place of birth, residential address, personal email address, photograph, signature, tax identification numbers, bank account details, copies of passports and/ or utility bills and details relating to your investment activity;
    • any Personal Data that you choose to share on the Arcmont Website; or
    • in appropriate cases, and to the extent permitted by law, we may handle special category Personal Data when undertaking Know Your Client (‘KYC’) and/or anti-money laundering (‘AML’) checks and we may collect information about any criminal offences that you or, if applicable, your employees, directors, officers or representatives have committed.
  • Information that we collect or generate about you. This includes (by way of non-exhaustive list):
    • files that we may produce as a record of our relationship with you, including contact history;
    • any Personal Data that you provide or is collected during telephone and email communications with us, or through your use of our website, which we may monitor and record in order to resolve complaints, improve our services and in order to comply with our legal and regulatory requirements;
    • information obtained in the course of our business and investment activities; or
    • information obtained as part of due diligence, KYC, AML and other related processes.
  • Information we obtain from other sources. This includes (by way of non-exhaustive list) the Personal Data provided to us by:
    • third party service providers, agencies, and/or publicly available sources, including, where applicable, credit reference agencies, fraud prevention agencies, law enforcement and regulatory agencies, recruitment and screening agencies, social media searches, public databases, registers and records such as Companies House and the FCA Register; and
    • third parties for the purpose of verifying your identity, carrying out AML, counter-terrorist and sanctions checks, and entering into and administering investment advisory services (including fund administrators, fraud prevention agencies).

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.

  • Cookies on the Arcmont Website.
    • When you visit the Arcmont Website, cookies are used to collect technical information about the services that you use, and how you use them.
    • For more information on the cookies used by Arcmont please see Section 10 of this Privacy Notice and our Cookie Notice.

4. How we use your information

4.1 Your Personal Data may be stored and processed by us in the following ways and for the following purposes:

  • administering the provision of services between us, any fund managed by Arcmont and managing our relationship with you including without limitation, billing, internal reporting and analysis and other ancillary matters;
  • to meet the legal obligations we owe to you and to perform our obligations and exercise our rights under our contract or arrangement with you, or the relevant counterparty, if different;
  • complying with, and in order to asses our compliance with, any present or future law, rule, regulation, guidance, decision or directive (including those concerning KYC, anti-terrorism, fraud, AML and anti-corruption), industry standards and procedures, and internal policies and procedures;
  • assessing Investors’ and prospective Investors’ applications or contracts for Arcmont products and services including, in appropriate cases, carrying out KYC and AML in order to verify information provided by you for due diligence purposes or in order to confirm your suitability for any future investments, appointment as a service provider or admission as a preferred counterparty;
  • checks and other procedures;
  • complying with demands and requests made by, or making voluntary disclosures to, regulators, governments or relevant authorities;
  • obtaining advice, receiving services or providing a third party with information relating to our products or services;
  • keeping our records up to date; and
  • for the management and administration of Arcmont’s business (including to contact you about services and products offered by Arcmont, statistical monitoring of our web-site trafficking, to allow you secure access to our website and to prevent any potential disruption or cyberattack).

4.2 The provision and collection of your Personal Data and its use by us is necessary for us to:

  • discharge our legal and regulatory obligations, including maintaining compliance with all legal and regulatory obligations, industry standards, internal policies and procedures to prevent fraud, bribery and money laundering;
  • perform our obligations under contract with you or with a relevant counterparty;
  • fulfill our legitimate interests, such as:
    • allowing us to effectively and efficiently manage and administer the operation of our business;
    • ensuring the security of information systems; and
    • maintaining compliance with internal policies and procedures; and
  • establishing, exercising or defending our legal rights or for the purpose of legal proceedings;
  • in respect of any processing of sensitive personal data falling within special categories (such as politically exposed persons), if there is a legislative justification for its processing.

We will take steps to ensure that the Personal Data is accessed only by those people that have a need to do so for the purposes described in this Privacy Notice.

5. Disclosure of your information to third parties

5.1 We may share your Personal Data for the purposes described above. We will take steps to ensure that access to Personal Data is restricted to those people who have a legitimate interest in the purposes described in this Privacy Notice.

5.2 We may also share your Personal Data outside of the Arcmont group for the following purposes:

  • with third parties, agents and contractors for the purposes of providing services to us or to enable us to ensure the delivery of products or services to our Investors (for example, Arcmont’s accountants, professional advisors, the provider of our electronic data storage services, our fund administrators). These third parties will be subject to appropriate data protection obligations and they will only use your Personal Data as described in this Privacy Notice;
  • 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, without limitation, in order to comply with tax reporting requirements and disclosures to regulators), or to establish, exercise or defend its legal rights;
  • if we sell any of our business or assets, in which case we may need to disclose your Personal Data to the prospective buyer for due diligence purposes; and
  • if we are acquired by a third party, in which case the Personal Data held by us about you will be disclosed to the third party buyer; and
  • fulfill our legitimate interests, such as:
    • for internal research and statistical analysis purposes;
    • to ensure the safety and security of our data;
    • to assess compliance with applicable laws, rules and regulations, internal policies and procedures across our business; and
    • to assess compliance with applicable laws, rules and regulations, internal policies and procedures across our business; and

Some of these parties will process your personal data in accordance with our instructions and others will themselves be responsible for their use of your personal data. These parties may be permitted to further disclose the personal data to other parties.

6. International transfers of personal data

6.1 The Personal Data that we collect from you may be transferred to, and stored at, a destination outside the UK and/or European Economic Area (“EEA”). It may also be processed by staff operating outside of the EEA who work for our affiliates or for one of our suppliers.

6.2 Where we transfer your Personal Data outside the UK and/or EEA, we will ensure that it is protected in a manner consistent with how your Personal Data will be protected by us in the UK and/or EEA. This can be done in a number of ways, for instance:

  • the country that we send the data to might be approved by the UK Government and/or European Commission as offering an adequate level of protection for Personal Data; or
  • 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.

6.3 In other circumstances the law may permit us to otherwise transfer your Personal Data outside the UK and/or EEA. In all cases, we will ensure that any transfer of your Personal Data is compliant with data protection law.

6.4 You can obtain more details of the protection given to your Personal Data when it is transferred outside the UK and/or EEA (including a copy of the standard data protection clauses which we have entered into with recipients of your Personal Data) by contacting us as described in Section 11 below.

7. How we safeguard your information

7.1 We have extensive controls in place to maintain the security of our information and information systems. Client files are protected with safeguards according to the sensitivity of the relevant information. Appropriate controls (such as restricted access) are placed on our computer systems. Physical access to areas where Personal Data is gathered, processed or stored is limited to authorised employees.

7.2 As a condition of employment, Arcmont employees are required to follow all applicable laws and regulations, including in relation to data protection law. Access to special Personal Data is limited to those employees who need to it to perform their roles. Unauthorised use or disclosure of confidential client information by an Arcmont employee is prohibited and may result in disciplinary measures.

7.3 When you contact an Arcmont employee about your file, you may be asked for some Personal Data. This type of safeguard is designed to ensure that only you, or someone authorised by you, has access to your file.

8. How long we keep your personal data

8.1 How long we will 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 – Arcmont will need to keep your Personal Data for as long as is necessary for that purpose; and
  • legal obligations – laws or regulation may set a minimum period for which Arcmont has to keep your Personal Data.

9. Your rights

9.1 In all the above cases in which we collect, use or store your Personal Data, you may have the following rights which you can exercise free of charge. 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 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 directly to Arcmont;
  • 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 object to, and the right to request that we restrict, our processing of your Personal Data in certain circumstances. Again, there may be circumstances where you object to, or ask us to restrict, our processing of your Personal Data but we are legally entitled to continue processing your personal data and / or to refuse that request; and
  • the right to lodge a complaint with the relevant data protection regulator if you think that any of your rights have been infringed by us.

9.2 You can exercise your rights by contacting us using the details listed in Section 11 below.

9.3 Further information about your rights may be obtained by contacting the supervisory data protection authority located in your jurisdiction.

10. Cookies

10.1 To the extent that we collect Personal Data with the help of Cookies we will process them in accordance with this Privacy Notice.

10.2 Types of cookies and purposes:

Cookies used on the Arcmont Website are used to record information necessary for the proper functioning of the Arcmont Website and the products and services offered to you, audience measurement, use monitoring and security.
For more information on the Cookies used by Arcmont please see our Cookie policy.

11. Contacting us

11.1 If you would like further information regarding the processing of your Personal Data by Arcmont, this Privacy Notice, questions relating to consent, or in order to exercise the rights listed above, please contact us using the following contact details:

Address:
Arcmont Asset Management Limited
5 Hanover Square
London
W1S 1HE

Email Address: dataprotection@arcmont.com

11.2 We are usually able to resolve privacy questions or concerns promptly and effectively. If you are not satisfied with the response you receive from our data protection officer, you may escalate concerns to the applicable privacy regulator in your jurisdiction. Upon request, Arcmont will provide you with the contact information for that reg.