HFCO Capital Management LLP – Privacy Notice

Updated December 2020

This Privacy Notice for HFCO Capital Management LLP sets out the categories of personal data we collect from you, how we collect it, what we use it for and with whom we share it in accordance with the General Data Protection Regulation (EU) 2016/689 (“GDPR”).

Updated December 2020

This Privacy Notice for HFCO Capital Management LLP (“Company”, “we”, “us”, “our”) sets out the categories of personal data we collect from you, how we collect it, what we use it for and with whom we share it in accordance with the General Data Protection Regulation (EU) 2016/689 (“GDPR”).

By “personal data” we mean any information relating to you such as your name, contact details, transaction information or online identifiers such as your IP address. Personal data does not include data where you can no longer be identified from it such as anonymised aggregate data.

The Company is a data controller. This means that we are responsible for deciding how we hold and use personal data about you. Our address is 80 Hammersmith Road, London W14 8UD. Should you have any questions about this Privacy Notice you can contact us at compliance@cf-partners.com.
This Privacy Notice applies to personal data about you that we collect, use and otherwise process in connection with your relationship with us as an investor in the Company.

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 we are using your personal data. Those supplemental notices should be read together with this Privacy Notice.

What personal data do we collect about you and what do we use it for?

The categories of personal data about you which we may collect, store and use are set out in the table below and, in each case, we have indicated what we use your personal data for and our ‘lawful basis’ for processing it. The law specifies certain ‘lawful bases’ under which we are allowed to use your personal data. Most commonly, we will rely on one or more of the following lawful bases for processing your personal data:

Where we need to perform the contract we have entered into with you;
Where we need to comply with a legal obligation; and/or
Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

Generally, we do not rely on your consent as a lawful basis for processing your personal data other than in relation to sending direct marketing communications to you via email. You have the right to withdraw consent to marketing at any time by contacting us on the details given at the beginning of this notice.

The Company’s distributors may also act as data controllers for data provided by you to the distributors as part of the marketing and/or subscription process. In such circumstances, notice of this use will be provided by the relevant distributor to you.

Categories of personal data collected	What we use this personal data for	Lawful Basis
Name, Occupation, Place of Birth, Citizenship, Date of Birth, registered address, mailing address, country of tax residence, contact details including telephone and email, account balance information, investment preferences, transaction history	To facilitate the opening of your account with us, the management and administration of your holdings in the Company and any related account on an on-going basis, including without limitation the processing of redemption, conversion, transfer and additional subscription requests and the payment of distributions and the mailing of account-related materials to you.	Processing is necessary for the performance of your contract with us.
	To carry out anti-money laundering checks and related actions in relation to the prevention of fraud, money laundering, terrorist financing, bribery, corruption, tax evasion and to prevent the provision of financial and other services to persons who may be subject to economic or trade sanctions, on an ongoing basis, in accordance with our, our or third party services provider’s, applicable anti-money laundering procedures.	Processing is necessary for the purposes of the Company complying with legal obligations to which it is subject.
	To report tax information to the relevant tax authorities.	Processing is necessary for the purposes of the Company complying with legal obligations to which it is subject.
	To monitor and record calls and electronic communications for (i) processing and verification of instructions; (ii) investigation and fraud prevention purposes; and (iii) crime detection, prevention, investigation and prosecution.	Processing is necessary for the performance of your contract with us and for the purposes of our legitimate interests in complying with legal obligations to which we are subject.
	In connection with legal proceedings, such as responding to a subpoena.	Processing is necessary for the purposes of the Company complying with legal obligations to which it is subject.
	To carry out statistical analysis and market research.	Processing is necessary for the purposes of our legitimate interests in analyzing and researching the market.
	To provide tailored experiences and advertisements about our products and services to you.	Processing is necessary for the purposes of our legitimate interests in providing you with tailored advertising and experiences and in promoting our products and services.
	To update and maintain our records.	Processing is necessary for the performance of your contract with us and for the purposes of complying with a legal obligation to which we are subject and for the purposes of our legitimate interests in maintaining accurate records.
Information about how you use our website	To deliver relevant website content to you and measure or understand the effectiveness of the advertising we deliver to you	Processing is necessary for the purposes of our legitimate interests in studying how our clients use our products/services, to develop them, grow our business and inform our marketing strategy.
Information about how you use our website	To use data analytics to improve our website, products/services, marketing, client relationships and experiences	Processing is necessary for the purposes of our legitimate interests to define types of clients for our products/services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, if we are required by law to do so or if we reasonably believe that it is necessary to protect our rights and/or to comply with judicial or regulatory proceedings, a court order or other legal process.

What if you do not provide the personal data we request?

If you do not provide us with certain personal data when requested, we will not be able to perform all or part of the contract we have entered into with you, or we may be prevented from complying with our legal obligations.

Change of purpose

We will only use your personal data for the purposes for which we collected it (as identified above in the ‘What we use this personal data for’ column), unless we reasonably consider that we need to use it for another reason which is compatible with the original purpose for which you provided it to us. If we need to use your personal data for a purpose that is unrelated to the original purpose for which you provided it to us, we will notify you and we will explain the legal basis which allows us to do so.

How do we collect your personal data?

You may provide personal information to us when communicating or transacting with us in writing, electronically, or by phone. For instance, information may come from applications, requests for forms or literature, and your transactions and account positions with us. On occasion, such information may come from those providing services to us.

We may collect personal data about you:

When you submit an application to invest in a sub-fund or managed account of the Company
When you request literature from us
When you visit our website
When you provide us or our agents with your contact details

We may also automatically collect certain data when you interact with our website such as technical data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Our cookie policy is available on request from compliance@cf-partners.com.

In addition, we may receive personal data about you from third parties and public sources, such as:

Companies contracted by us to provide services to you or process account transactions requested by you, such as the transfer agent or companies that mail account-related materials to you.
Companies contracted by us to offer our products and services to you, such as your brokerage firm or our distributor.
If you have an investment account with us, the depositary of your account may provide us with information about you or your account.
Publicly available sources such as companies registration offices.
If provided by third-party distribution agents or databases

With whom will we share your personal data?

We may share your personal data with third parties 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 will need to share your personal data with:

Our service providers, including our transfer agent and administrator, our depositary, our auditors, our lawyers, our IT service providers and companies engaged to mail account-related materials.

We may share your personal data with other entities in our group to service your accounts, in the context of a business reorganisation or group restructuring exercise, for system maintenance support and for hosting of data.

We may share your personal data 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. We may disclose your personal data if we are required by law to do so 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.

How long will we retain your personal data?

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, accounting or reporting requirements.
To determine the appropriate retention period for personal data, we consider 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. It is anticipated that all data will generally be stored for at least 6 years.

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 we collected it for, we will securely destroy your personal data in accordance with applicable laws and regulations.

Accuracy of personal data

It is important that the personal data we hold about you is accurate and current. Please let us know if your personal data changes during your relationship with us.

Your rights in relation to your personal data

You have rights as an individual which you can exercise in relation to the information we hold about you under certain circumstances. These rights are to:

Request access to your personal data (commonly known as a “data subject access request”) and request certain information in relation to its processing;
Request rectification of your personal data;
Request the erasure of your personal data;
Request the restriction of processing of your personal data;
Object to the processing of your personal data; and
Request the transfer of your personal data to another party.

If you want to exercise one of these rights please contact us at compliance@cf-partners.com.
You also have the right to make a complaint at any time to the Information Commissioner’s Office. We would, however, appreciate the opportunity to deal with your concerns prior to any approach to the supervisory authority so please do contact us in the first instance. While we strive to protect all information we receive from you, we cannot guarantee the security of any information you transmit to us.

Fees

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.

What we may need from you

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.

Your right to withdraw your consent

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 compliance@cf-partners.com. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose(s) you originally agreed to unless we now have an alternative legal basis for doing so.

Changes to this privacy notice

We reserve the right to update this privacy notice at any time, and we will make an updated copy of such privacy notice available on our website 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.

Further information

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 compliance@cf-partners.com.