This Privacy Notice aims to give clients, investors, other contacts (or, where such client, investor or other contact is not an individual, their individual directors, officers, employees and/or owners) who interact with us and visitors to our website (“you”, or “your”) information about the personal data Nekton Capital Limited (“we”, “us” or “our”) may collect, how we collect it, what we use it for and with whom we share it. Where the client, investor or other contact is not an individual please provide a copy of this Privacy Notice to those individual directors, officers, employees and/or owners whose personal data we may process.
“Personal data” means any information relating to you, but does not include data where you can no longer be identified from it such as anonymised aggregated data.
We will be a data controller in respect of your relationship with us as a client, investor or other contact, or visitor to our website. A data controller is responsible for deciding how to hold and use personal data about you. We may process your personal data ourselves or through others acting as data processors on our behalf.
We may provide supplemental privacy notices on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why your personal data is being used. These supplemental notices should be read together with this Privacy Notice.
If you have any questions about this Privacy Notice you can contact [email protected].
Personal data held by us or on our behalf depends on the context of your relationship or interaction with us but may include, but is not necessarily limited to, your name, residential address, place of business, email address, other contact details, corporate contact information, signature, nationality, country of residence, place of birth, date of birth, tax identification, tax jurisdiction, employment and job history, education details, regulatory status, credit history, correspondence records, call recordings, passport number, bank account details, certain financial information contained within KYC documents, source of funds and details relating to your investment activity or preferences, information about how you use our website, and other technical data (such as your IP address, login data for our web portal, browser type and version, time zone setting and location).
There are more limited bases for processing special category personal data. This is personal data which reveals or contains racial or ethnic origin, political opinions, religious and philosophical beliefs, trade union membership, genetic data, biometric data, health data, sex life and sexual orientation. Similarly, there are fewer bases for processing criminal convictions and offences data. We do not intend to actively collect any such data about you. Whilst we will use reasonable efforts to limit our holding of such data, please be aware that we may hold such data incidentally. For example, where you volunteer such data to us or one of our processors or where documents are gathered for legal or regulatory purposes containing such data, such as a passport copy which references ethnic origin or a due diligence search from public sources which includes such data.
Unless and until you decide to invest or otherwise engage in a transaction with us or invest in an investment product that we manage you are not required to provide us with any information. If you do wish to invest or engage in a transaction with us, in some circumstances, if you do not provide us with certain information when requested, we may be limited or restricted in our ability to deal with you and may in some cases be prevented from complying with our legal obligations. Where we require your personal information to comply with anti-money laundering or other legal requirements, failure to provide this information means we may not be able to accept you or retain you as a client or investor. We will let you know if any particular data is required when we request it.
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason which is compatible with the original purpose. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
We typically collect personal data about you when you provide information to us or others acting on our behalf when communicating or transacting with us in writing, electronically, or by phone. For instance, applications, requests for product documentation or other forms of literature, your transactions and account positions As you interact with our website, we may automatically collect technical data about your equipment, browsing actions and patterns. We collect this data by using cookies, server logs and other similar technologies. In addition, we may receive personal information about you from third parties.
We may share your personal data with a third party for the purposes described above where this is required by law, where it is necessary to perform our contract with you, or where we have another legitimate interest in doing so.
We may share your personal data with third parties, for example in the context of the possible sale or restructuring of the business. We may also need to share your personal data with a regulator or to otherwise comply with applicable law or judicial process or if we reasonably believe that disclosure is necessary to protect our rights and/or to comply with judicial or regulatory proceedings, a court order or other legal process.
We will retain your personal data for as long as necessary to fulfil the purposes for which it was collected, including for the purposes of satisfying any legal, regulatory, accounting or reporting requirements and our legitimate interests in maintaining such personal information in our records. This will normally include any period during which we are dealing or expect to deal with you and what we consider to be a suitable period thereafter for our internal record-keeping purposes. In doing this we will have regard to the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. Generally, we will keep information relevant to our dealings with you for 7 years following full redemption or the last date of activity or longer as required by applicable law or regulation.
In some circumstances we may anonymise your personal data so that it can no longer be associated with you, in which case it is no longer personal data. Once we no longer require your personal data for the purposes for which it was collected, we will securely destroy your personal data in accordance with applicable laws and regulations.
It is important that the personal data we hold about you is accurate and current. Please let us know if your personal data which we hold changes during your relationship with us. You have rights as an individual which you can exercise in relation to the information we hold about you under certain circumstances. If you want to exercise these rights please contact us at [email protected]. You also have the right to make a complaint at any time to a supervisory authority for data protection issues.
You will not usually have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is manifestly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal data is not disclosed to any person who has no right to receive it.
In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal data for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact [email protected]. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose(s) to which you originally consented unless we now have an alternative legal basis for doing so.
We reserve the right to update this Privacy Notice at any time, and will make an updated copy of such Privacy Notice available to you and notify you when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal data.
This Privacy Notice was written with brevity and clarity in mind and is not an exhaustive account of all aspects of our collection and use of personal data. If you require any further information, please do not hesitate to contact us:
Nekton Capital Limited
7 Clarges Street