Privacy Policy

1. WHAT IS THE PURPOSE OF THIS DOCUMENT?

FIM Services Limited (“FIM”) is committed to protecting the privacy and security of your personal information.

FIM is a company registered in England and Wales under company number 01418579 with registered office at Glebe Barn, Great Barrington, Burford, Oxon, OX18 4US.

This privacy notice describes how we collect and use personal information about you when you are:

  • a “Prospective Investor”: this is when you have expressed interest in the services or products of FIM or any of the assets it manages or are considering a potential investment in an asset managed by FIM.
  • a “Business Contact”: this is when you are a business contact of FIM and you are acting in your professional capacity.
  • an “Investor”: this is when you are an investor in any fund or product managed by FIM or when you are in the process of becoming an investor in any fund or product managed by FIM (i.e. you have communicated to us your decision to invest and we have started to process your application to invest).

FIM is a “data controller”. This means that we are responsible for deciding how we hold and use personal information about you. We are required under data protection legislation to notify you of the information contained in this privacy notice.

It is important that you read this privacy notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using such information.

IMPORTANT: depending on whether you are a Prospective Investor, a Business Contact, or an Investor, some sections or part thereof in this privacy notice will not apply to you. Where a section or part of a section of this privacy notice applies only to a specific category of recipients, this is expressly specified. Please make sure you read the information that applies to you.

We can be contacted at any time if you have queries about this privacy notice or wish to exercise any of the rights mentioned in it. If you wish to contact us, contact Stephen Beck via e-mail at Stephen.Beck@fimltd.co.uk or via phone at +44 (0)1451 843 097.

2. THE KIND OF INFORMATION WE HOLD ABOUT YOU

Personal data, or personal information, means any information about an individual from which that person can be identified. Your name, address, contact detail and CV are all examples of your personal data, if they identify you.

There are "special categories" of particularly sensitive personal data which we are required to afford a higher level of protection. This includes information about your race, ethnic origin, political opinion, religion, trade union membership, health, sex life or sexual orientation. In addition, criminal convictions and offences personal data (if we identify or suspect fraud or money laundering) is a heightened category.

2.1. If you are a Prospective Investor, we may collect, store, and use the following categories of personal information about you:

  • your full name and title.
  • personal and business contact details such as addresses, telephone numbers (including mobile telephone number(s), and email addresses.
  • financial information to assess your suitability to receive marketing material in relation to certain FIM managed products.
  • your date of birth and national insurance number.

We will not be collecting, storing, or using any special category of data about you nor information about criminal convictions and offences unless fraud or money laundering is identified.

Please note that we may also collect and use personal information about you when you visit FIM’s website https://fimltd.co.uk. Our use of personal information collected through our website is subject to the website’s Cookie Policy, which can be accessed following this link: https://fimltd.co.uk/about/cookies.

2.2. If you are a Business Contact, we may collect, store, and use the following categories of personal information about you:

  • your full name and professional title.
  • business contact details such as addresses, telephone numbers (including mobile telephone number(s), and email addresses.
  • location of employment or workplace.

We will not be collecting, storing, or using any special category of data about you nor information about criminal convictions and offences unless fraud or money laundering is identified.

Please note that we may also collect and use personal information about you when you visit FIM’s website https://fimltd.co.uk. Our use of personal information collected through our website is subject to the website’s Cookie Policy, which can be accessed following this link: https://fimltd.co.uk/about/cookies.

2.3. If you are an Investor, we may collect, store, and use the following categories of personal information about you:

  • your name and title.
  • personal and business contact details such as addresses, telephone numbers, and email addresses.
  • date of birth.
  • National Insurance number.
  • bank account details and tax status information.
  • copy of your driving licence or of your passport or other identity verification documentation.
  • details of ID verification and anti-money laundering checks, including information about your credit history.

(See section 6, “Special Categories of Personal Information: How We Use Them”).

Please note that we may also collect and use personal information about you when you visit FIM’s website https://fimltd.co.uk. Our use of personal information collected through our website is subject to the website’s Online Privacy and Cookie Policy, which can be accessed following this link: https://fimltd.co.uk/about/cookies.

Some of the personal information we collect may come from publicly accessible sources such as professional networking sites.

3. HOW IS YOUR PERSONAL INFORMATION COLLECTED?

If you are a Prospective Investor or an Investor, we may collect personal information about you in the following ways:

  • directly from you.  

We may also collect personal information about you from the following third parties:

  • through your intermediaries such as your financial advisor, broker, private bank or other intermediary. When such intermediaries process your personal information on our behalf, this privacy notice will apply (as well as the other fair processing information you will have received from us). When such intermediaries process your personal information as a data controller in their own right, their own privacy policy and notice will apply and you should ask them for a copy if you do not have one.
  • from publicly available sources such as internet search engines or social media.

If you are an Investor, we may also collect personal information about you from the following third parties:

  • from background check providers.
  • from online ID verification systems.

If you are a Business Contact, we may collect personal information about you in the following ways: 

  • directly from you.

We may also collect personal information about you from the following third parties:

  • from the corporate entity that you represent in your professional capacity.
  • from publicly available sources such as internet search engines or social media.

4. PURPOSES AND LEGAL BASIS FOR OUR PROCESSING OF YOUR PERSONAL INFORMATION

4.1. Prospective Investors

The table below explains the purposes for which we may process your personal information and the legal basis which relates to such purposes under data protection laws if you are a Prospective Investor. This section 4.1. applies to you only if you are a Prospective Investor (see above for what this means).

4.2. Business Contacts

The table below explains the purposes for which we may process your personal information and the legal basis which relates to such purposes under data protection laws if you are a Business Contact. This section 4.2. applies to you only if you are a Business Contact (see above for what this means).

4.3. Investors

The table below explains the purposes for which we may process your personal information and the legal basis which relates to such purposes under data protection laws if you are an Investor. This section 4.3. applies to you only if you are an Investor (see above for what this means).

5. INFORMATION ABOUT CRIMINAL CONVICTIONS AND OFFENCES

This section 5 applies to you only if you are an Investor. We may only use information relating to criminal convictions and offences where the law allows us to do so. We are legally required to conduct due diligence checks as part of our anti-money laundering obligations which includes checks of criminal records. We are allowed to collect, store and use your personal information in this way to carry out our legal obligations. This means that our lawful reasons for this processing under data protection laws are compliant with legal obligations, our compliance with regulatory requirements (which is one of our legitimate interests) and where processing is necessary in the substantial public interest.

6. SPECIAL CATEGORIES OF PERSONAL INFORMATION: HOW WE USE THEM

This section 6 applies to you only if you are an Investor. "Special categories" of particularly sensitive personal information (see above for what this means) require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information. We may process special categories of personal information, in the following circumstances:

  • if you have given your explicit written consent.
  • if it is necessary for reasons of substantial public interest on the basis of laws that are applicable to us. For example, in certain circumstances we may need to process data concerning your health and vulnerability details relevant to, for example, the administration of your investments in order to fulfil our legal and regulatory requirements. For example, where we have to share information with police or regulators or HMRC or other tax authorities in accordance with substantial public interest.

Less commonly, we may process this type of information where it is needed in relation to legal claims.

7. MONITORING OF COMMUNICATIONS

We may monitor and record emails, text messages, and other communications within the parameters of what is permitted by law. We will do this for compliance with regulatory rules, self-regulatory practices or procedures relevant to our business, to prevent or detect crime, in the interests of protecting the security of our communications systems and procedures, and for quality control and staff training purposes.

Where appropriate and having regard to applicable data protection law, our monitoring may check for obscene or profane content in communications.

8. WITHDRAWING YOUR CONSENT

You have the right at any time to withdraw your consent where that is relied upon as the lawful reason for processing your personal information. To withdraw your consent, please email Stephen Beck at stephen.beck@fimltd.co.uk

If you withdraw your consent and if there is no alternative lawful reason which justifies our processing of your personal information for the purpose or purposes you originally agreed to, we will no longer process your personal information for that purpose or purposes.

9. AUTOMATED DECISION-MAKING

We currently make no decisions about you using automated means.

10. DATA ANONYMISATION AND USE OF AGGREGATED INFORMATION

Your personal information may be converted into statistical or aggregated data which cannot be used to identify you, then used to produce statistical research and reports. This aggregated data may be shared and used in all the ways described above and below.

11. SHARING OF YOUR PERSONAL INFORMATION

Your personal information may be made available for the purposes mentioned above (or as otherwise notified to you from time to time), on a ‘need-to-know’ basis, including for instance to management, accounting, legal, logistics, audit, compliance, information technology and other corporate staff who need to know these details for their functions within FIM.

Your personal information may also be made available to third parties providing relevant services to FIM.

Third parties in this context means providers to FIM of management, accounting, legal, logistics, audit, compliance, information technology, marketing and other services. This may also include fund administrators (where relevant), background check providers (where relevant), online providers of ID verification systems (where relevant), providers of call centres, data storage and database hosting services, IT hosting and IT maintenance services. These companies may use information about you to perform functions on our behalf or for us.

We may disclose specific personal information upon lawful request by HMRC, government authorities, law enforcement and regulatory authorities where required or permitted by law and for tax or other purposes and HMRC may itself share it onward with overseas tax authorities as required by relevant legislation. Personal information may also be released to external parties in response to legal process, and when required to comply with applicable laws and regulations, or to enforce our agreements, corporate policies, or to protect the rights, property or safety of our businesses, our employees, agents, customers, and others, as well as to parties to whom you authorise us to release your personal information.

Your personal information may also be made available to third parties or partners where necessary as part of any restructuring of FIM or sale of any business or assets of FIM. We will not sell your personal information to any third party other than as part of any such restructuring or business or asset sale.

We require all third parties to respect the security of your data and to treat it in accordance with the law.

We will not transfer your personal information outside the European Economic Area.  

12. DATA RETENTION

How long will you use my information for?

We need to retain your personal information for as long as necessary to fulfil the purposes we collected it for (and those purposes are as described above), including for the purposes of satisfying any legal or regulatory requirements and in case of claims. If you would like further information about our data retention policy, email Stephen Beck at stephen.beck@fimltd.co.uk.

To determine the appropriate data 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.

The criteria we use to determine data retention periods for your personal information include the following:

  • retention in case of queries. We will retain some of it in case of queries from you. For instance, if you send to us a query, we will retain your personal information for as long as necessary for us to ensure that your query has been addressed exhaustively.
  • retention in case of claims. We will retain some of it for the period in which you might legally bring claims against us.
  • retention in accordance with legal and regulatory requirements. We will retain some of it based on our legal and regulatory requirements.

13. WHETHER PROVIDING YOUR PERSONAL INFORMATION IS REQUIRED BY LAW OR CONTRACT AND WHETHER IT IS OBLIGATORY

13.1. If you are a Prospective Investor, you are under no statutory or contractual obligation to provide your personal information to us. However, if you fail to provide information when requested, we may not be able to reply to your enquiries or provide you with the information you have requested or otherwise fulfil the purpose(s) for which we have asked for the personal information.

13.2. If you are a Business Contact. 

13.3. if none of the two circumstances above applies but you fail to provide information when requested, we may not be able to reply to your enquiries or provide you with the information you have requested or otherwise fulfil the purpose(s) for which we have asked for the personal information.

13.4. If you are an investor.

13.5. if you are already an investor in any fund or product managed by FIM, without your personal information we may be unable to provide you with our services, process your investor rights, administer your investment, and process your requests relating to it. This means that it is necessary for us to have most of it to perform the contract with you. If you fail to provide certain personal information, we may also be prevented from complying with our legal obligations.

13.6. if you are in the process of becoming an investor in, any fund or product managed by FIM (i.e. you have communicated to us your decision to invest and we have started to process your application to invest) and you fail to provide certain personal information when requested, we may not be able to process your application for investment. This means that it is necessary for us to have most of it to enter into a contract with you. If you fail to provide certain personal information, we may also be prevented from complying with our legal obligations.

13.7. if we have entered into a contract with you, without your personal information we may be unable to perform our obligations under the contract. This means that it is necessary for us to have most of it to perform the contract with you.

13.8. if we are in the process of entering into a contract with you, without your personal information we may be unable to enter into the contract with you.

14. YOUR RIGHTS

Your rights in connection with your personal information

Your personal information is protected under data protection law and you have a number of rights which you can enforce against us as your data controller. Your rights under data protection law are as follows (please note that some of these rights do not apply in all circumstances):

  • right to be informed - including about our processing of your personal information. This is the reason for this privacy notice.
  • right to request access to your personal information and to obtain information about how we process it. This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
  • right to have your personal information corrected if it is inaccurate and to have incomplete personal information completed.
  • right to have your personal information erased.
  • right to object to processing of your personal information (as relevant). This right allows you to object to processing for purposes of direct marketing, to processing based on legitimate interests and to processing for purposes of statistics.
  • right to restrict processing of your personal information.
  • right to move, copy or transfer your personal information to another party.

If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal information, restrict the processing of your personal information, or request that we transfer a copy of your personal information to another party, please contact Stephen Beck via e-mail at stephen.beck@fimltd.co.uk via phone at +44 (0)1451 843097.

You have the right to complain to a supervisory authority. The supervisory authority in the UK is the Information Commissioner’s Office (ICO) (https://ico.org.uk/). The ICO has enforcement powers and can investigate compliance with data protection laws.

You can contact Stephen Beck via e-mail at stephen.beck@fimltd.co.uk for more details on your rights and how to exercise them against us.

No fee usually required

You will not have to pay a fee to access your personal information (or to exercise any of the other rights listed above). However, we may charge a reasonable fee if your request is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.  

What we may need from you

In some cases, we may need to request specific information from you to help us confirm your identity and ensure your right to exercise your rights under data protection law. This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

Inform us of changes to your personal information

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes.

15. CHANGES TO THIS NOTICE

We reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial updates.

If you have any questions about this privacy notice, please contact Stephen Beck via e-mail at stephen.beck@fimltd.co.uk or via phone at +44 (0)1451 843097.


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