Privacy Notice

This Privacy Notice is intended to ensure that individuals outside our organisation with whom we interact, including visitors to our website, prospective or existing clients or similar contacts (including individuals acting on behalf of an existing or prospective client that is a legal entity), personnel of service providers or other suppliers and others who interact with us whether via our website or by corresponding with us by other means (e.g. by emailing or phoning us) (“you”, or “your”) are aware of the categories of your personal information that Kimmik Capital Limited (“we”, “us” or “our”) may collect, how we collect it, what we use it for and with whom we share it.

“Personal information” means any information relating to you, but does not include information where you can no longer be identified from it such as anonymised aggregated information. We will be a data controller in respect of your relationship with us. A data controller is responsible for deciding how to hold and use personal information about you. We may process your personal information 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 information about you so that you are fully aware of how and why we are using your personal information. These supplemental notices should be read together with this Privacy Notice.

If you have any questions about this Privacy Notice or otherwise need to get in contact, please e-mail jconway@kimmik.capital. 

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

Personal information held by us or on our behalf may include, but is not necessarily limited to, your name, residential address, place of business, email address, other contact details, corporate contact information, job title, signature, correspondence records, 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.

The purposes for which we may collect, store and use personal information about you and our ‘lawful basis’ for processing such data are set out in the table below. The law specifies certain ‘lawful bases’ for which we are allowed to use your personal data.

Purpose: To correspond with you.

Lawful basis for processing: Our legitimate interests in responding to your enquiry, contacting you in relation to the services you provide or otherwise communicating with you in the course of our business.

Purpose: To undertake business development and marketing activities in relation to making suggestions and recommendations to you about products or services that may be of interest to you. This may include direct electronic marketing.

Lawful basis for processing: Our legitimate interests in promoting our products and services and growing our business.

Purpose: Corresponding with third parties such as service providers, legal advisors, auditors and technology providers and regulatory authorities to comply with any legal obligation imposed on us or in order to pursue our legitimate business interests.

Lawful basis for processing: Compliance with applicable legal obligations.

Our legitimate interests in conducting our business in a proper manner.

Purpose: To maintain our records.

Lawful basis for processing: Our legitimate interests in conducting our business in a proper manner.

Purpose: To administer and maintain our website and record and monitor your use of our website (which may include analysing your use of our website).

Lawful basis for processing: Our legitimate interests in studying how our services are used, keeping our website updated and relevant, to develop our business and inform our marketing strategy.

In addition to the uses above, please note that we may also process your information where 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.

Special categories of personal information

There are more limited bases for processing special category personal information. This is personal information 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.

We do not intend to actively collect special category data about you. Whilst we will use reasonable efforts to limit our holding of such information, please be aware that we may hold such data incidentally. For example, where you volunteer special category information to us, such as if you send us an email containing special category information.

Change of purpose

We will only use your personal information 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 information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

How do we collect this information?

We typically collect personal information about you when you provide information to us or others acting on our behalf when communicating or transacting with us in writing or electronically or by corresponding with us by post, telephone, email or otherwise. For instance, when you create an account on our webportal, request product documentation or other information from us or otherwise correspond with us. As you interact with our website, we may automatically collect technical data about your equipment, browsing actions and patterns. We collect this personal information by using cookies, server logs and other similar technologies.

In addition, we may receive personal information about you from third parties, such as public sources, introducers, distributors or other intermediaries who market or provide services to you or information vendors.

With whom will we share your information?

We may share your personal information with a third party where this is required by law, where it is necessary to perform any contract with you or where we have another legitimate interest in doing so.

We may need to share your personal information with:

• other entities within our group as part of our regular reporting activities on company performance, in the context of a business reorganisation or group restructuring exercise or for assistance in relation to marketing and business development;
• introducers, distributors or other intermediaries who market or provide services to you;
• professional advisers including lawyers, bankers, auditors and insurers to the extent such information is relevant to their performance of their services;
• regulators and tax authorities;
• cloud service providers; and
• any of our service providers where such information is relevant to their performance of such services.

We may also need to share your personal information with a regulator or to otherwise comply with applicable law or judicial process or if we reasonably believe that disclosure is necessary to protection our rights and/or to comply with judicial or regulatory proceedings, a court order or other legal process.

We may transfer the personal information we collect about you to other countries where the parties listed above are based for the purposes outlined in the table above. Those countries may not have the same standard of data protection laws as the United Kingdom.

Where this is the case, we will (or will require a processor to) put in place appropriate safeguards to ensure that your personal information is treated in a manner that is consistent with and respects the United Kingdom’s laws on data protection.

How long will we retain your information?

We will retain your personal information 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. In doing this we will have regard to the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information 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 seven years following the last date of activity (or longer as required by applicable laws and regulations).

In some circumstances your personal information may be anonymised so that it can no longer be associated with you, in which case it is no longer personal information.

Once we no longer require your personal information for the purposes for which it was collected, we will securely destroy your personal information in accordance with applicable laws and regulations.

Accuracy of information

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

Your rights in relation to your information

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

You also have the right to make a complaint at any time to a supervisory authority for data protection issues.

Fees

You will not usually have to pay a fee to access your personal information (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 information is not disclosed to any person who has no right to receive it.

Right to withdraw consent

In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time.

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.

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 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 information.

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 information.