Last Updated in May 2023
Arcus Investment Limited and its affiliates, Arcus Investment Asia Limited, Arcus Research Limited, Japan Branch, Arcus South East Asia, Arcus Jersey Limited, Arcus Investment Holdings Limited and Arcus Cayman Limited (“Arcus”, “we“, “us” and “our“) respect your privacy.
For the purposes of the EU General Data Protection Regulation (“EU GDPR”) and the UK General Data Protection Regulation (“UK GDPR”) (collectively, “GDPR”), this Privacy Notice describes how we collect and use personal information relating to you, or that you provide to us through our website, offline enquiries, human resources, sales and marketing activities (the “Services”).
Personal information is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read this Privacy Notice carefully to understand our practices regarding personal information.
By using the Services, you are accepting the practices described in this notice.
The data controller is Arcus Investment Limited, a company incorporated in England and Wales under company number 03582673, and having its registered office at Highdown House, Yeoman Way, Worthing, West Sussex, United Kingdom, BN99 3HH.
What personal information do we collect?
Information we collect from you
As a client, contact or employee of Arcus, we will require some personal information in order to verify your identity and have the applicable relationship with you. Some of this information may be required to satisfy legal obligations (e.g. to comply with obligations arising under the money laundering regulations whereas other information may be required in connection with the provision of services to you). The type of information we collect from you will depend upon the type of interaction you have with us.
Broadly speaking, the types of personal information that we collect may include:
- Identity Data: if you are a customer of Arcus or Arcus managed funds: your full name, email address, postal address, telephone number, qualifications, details of transactions and financial information;
- Recruitment Data: if you are a job applicant, employee or contractor: your full name, contact details (including address, phone number and email address), identification details, job title, employment history and education details, names and contact details of referees, next of kin details, national insurance number or other information if required by law;
- Marketing Data: personal information that you provide by completing forms, including if you request to receive our newsletters or other communications or attend one of our events, if you search for a product or service, or if you request any other information; and
- Profile Data: information contained in communications you send to us, for example when you report a problem or submit queries, concerns or comments. You are under no obligation to provide any such data. However, if you choose to withhold requested information, we may not be able to provide certain services which you have requested or wish to receive.
- Technical Data: Information we collect from your use of our website (see below).
We also collect information from your use of our website and our email communications to you, such as:
- the way in which you navigate around it, and, in respect of email communications, whether they have been opened;
- how long you spend on particular pages;
- how you use the website’s search function;
- website speed information such as how quickly you are able to view and interact with the website’s content; and
- other analytics relating to, but not limited to, the use, responsiveness and security of the website.
We use cookies to log your behavioural information, which may be held on your device for up to a year. These include the use of functional cookies along with Google Analytics cookies. We ask for your permission regarding our use of these cookies on our website. We also use cookies when you initially access the website in order to ensure that you are directed to appropriate content, in compliance with our regulatory obligations. These may be held on your device for up to a year.
Information we collect from other sources
Arcus may also collect personal information relating to you from third parties. This may include (but is not limited to) the collection of personal information from:
- Arcus affiliated entities and other engaged parties, i.e. providers of background checks;
- someone you duly authorise to act on your behalf; and
- recruiters we have retained and from referees you have provided in support of a job application.
How do we use personal information relating to you?
General uses of information
The information which we collect and what we use it for will depend on the nature of our business relationship with you. We will only use your personal data when have a lawful basis to do so. Most commonly, we will use your personal data in the following circumstances:
- the use of personal data in this way is necessary for the performance of a contract with you for provision of our products and/or services or to take steps at your request prior to entering into such a contract;
- we have legal or regulatory obligations that we have to discharge;
- where you have given us your consent to process the data for a particular purpose (for example to receive marketing communications); and/or
- the use of your personal data is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
We do not intend to process any sensitive or special categories of information (this includes data concerning your health, personal data revealing your racial or ethnic origin, political opinions, religious or philosophical beliefs, or data concerning sexual orientation). To the extent to which we do collect such data, we will only do so where we have asked for your explicit consent or otherwise where this is necessary for the establishment, exercise or defence of legal claims.
In the case that you have obviously made information public (e.g. on social media) we may process sensitive/special categories of information for the purposes of carrying out our legal obligations.
If provision of your personal information is a legal or contractual requirement or a requirement necessary to enter into a contract with us, and you choose not to provide it, we may not be able to perform some of the tasks we need to in order to provide certain products or services to you.
If you do choose to provide your consent you can withdraw it at any time by contacting us using the contact details set out at the end of this notice.
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we may use your personal data, and which of the lawful bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
| Type of data | Purpose/Activity | Lawful basis for processing |
| * Identity Data * Contact Data | To onboard you as a new customer and manage our relationship with you. | For the performance of a contract we have entered into with you. To comply with a legal or regulatory obligation. For our legitimate interests in running our business and keeping our records updated. For our legitimate interests in communicating with you. For our legitimate interests in conducting our internal business and management processes. |
| * Recruitment Data | To process an application to work for us. | For our legitimate interests in administering our recruitment function. |
| * Technical Data | To administer, improve and protect our business and website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data). | For our legitimate interests in improving our business, keeping our website updated and relevant, and the administration of IT services and network security. |
| * Technical Data * Profile Data * Marketing Data | To improve our website or services or to customise the website according to your interests. | For our legitimate interests in keeping our website updated and relevant, to develop our business and to inform our marketing strategy. |
| * Identity Data * Marketing Data | To send you promotional emails and other information which we think you may find interesting or to contact you for market research purposes. | For our legitimate interests in developing our products and services and growing our business. You have provided us with your consent to processing your data for this purpose. |
Use of information for marketing purposes
We use your data to provide you with information about other products and services we offer that are similar to those that you have already purchased or enquired about. We only do this where you have consented to be contacted for such purposes.
We will only send you marketing material if you consent. We will only send personal information relating to you to a third party for marketing purposes if you consent. When you have consented to marketing material, you have the right at any time to ask us not to process personal information relating to you for marketing purposes. You can exercise this right at any time by clicking the “unsubscribe” button found at the bottom of any mailing or by sending an email or by writing to us using the contact details set out in the section “Contacting Us” at the end of this notice. Please see the section “Your Rights” below concerning your other rights in relation to our use of your data, including the right to object. However, please bear in mind that if you object, this may affect our ability to carry out the tasks above for your benefit.
Do we share your personal information with any third parties?
We may disclose personal information relating to you to third parties in the following circumstances.
- from one of our group or affiliate companies (as set out at the start of this notice) to another, who may be involved in providing products and services to you, and who may use personal information relating to you in any manner set out in this Privacy Notice;
- other third parties that we or our group or affiliate companies engage to help us run our business – such as payment processors; contractors; couriers; payroll service providers; debt collection agencies and other parties that assist with debt-recovery functions;
- our professional advisors, including lawyers, accountants, tax advisors and auditors;
- law enforcement bodies, Courts of law or as otherwise required or authorised by law; and
- regulatory or government bodies for the purposes of resolving complaints or disputes both internally and externally or to comply with any investigation by one of those bodies;
We may also disclose personal information to third parties:
- in the event that we sell or buy any business or assets or undergo any other form of company reorganisation, in which case we may disclose your personal information to the prospective seller or buyer of such business or assets;
- if we or substantially all of our assets are acquired by a third party, in which case personal information held by us about our customers will be one of the transferred assets;
- if we restructure our business, or if integrate our business with another group of companies, in which case personal information held by us will be disclosed to the new owner to be used in the same ways set out in this notice;
- if we are under a duty to disclose or share personal information relating to you in order to comply with any legal obligation, or in order to enforce or apply the terms and conditions on which we supply products and/or services to you (including our website – please see the “Legal Disclosure” section of our Terms of Use, or to protect the rights, property, or safety of us, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction; and
- for any other purposes that you would reasonably expect.
Before Arcus discloses any personal information to a third party, we take steps to ensure that the third party will protect personal information in accordance with applicable privacy laws and in a manner consistent with this notice. Third parties are required to restrict their use of this information to the purpose for which the information was provided.
How do we protect your personal information?
Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect personal information relating to you, we cannot guarantee the security of such data transmitted to us by electronic means; any transmission is at your own risk. Once we have received personal information relating to you, we use strict procedures and security features to try to prevent unauthorised access. All information you provide to Arcus is stored on secure cloud based servers.
In so far as it is possible Arcus takes steps to destroy or de-identify personal information when the information is no longer required for any purpose for which it may be used or disclosed by us, and we are no longer required by law to retain the information.
Where do we store personal information?
We have comprehensive policies and procedures in place to ensure your personal data is kept safe and secure, with these including:
- Password protection;
- Firewalls;
- Intrusion detection;
- 24/7 physical protection of the facilities where your data is stored (i.e. Microsoft’s UK data centres);
- Background checks for personnel that access physical facilities; and
- Security procedures across all service operations.
Keeping your information
We will keep your information only for as long as necessary for the purpose for which it was provided.
As a regulated entity, we are required to maintain its books and records for a prescribed period (five years from either the ceasing of a business relationship, or, in the case of non-clients, from the making of a record – or alternatively, for seven years, where specifically requested to do so by the Financial Conduct Authority). As such, information that falls in scope of either of these requirements is retained in line with the mandated timeframe.
Any information that is outside the scope of this requirement will be retained only for so long as necessary and destroyed where this ceases to be the case or where the data subject specifically requests this. Please contact us for further details of retention periods for different aspects of your personal information.
When determining the relevant retention periods, we will take into account factors including:
- our contractual and business relationships with you;
- legal obligations under applicable law to retain data for a certain period of time;
- statute of limitations under applicable law(s);
- (potential) disputes; and
- guidelines issued by relevant supervisory authorities.
Your rights
You have certain rights in relation to your personal data.
Your rights in connection with personal information
Under certain circumstances, by law you have the right to:
- object to processing of your personal information where we are relying on a legitimate interest (or that of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes;
- request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are processing it lawfully;
- request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected;
- request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see above);
- request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it; and
- request the transfer of your personal information to another party in a machine-readable, commonly used and structured format.
If you want to exercise any of these rights, please send an email or write to us using the contact details set out in the section “Contacting Us” at the end of this notice. In most cases, the various rights are not absolute and each is subject to certain exceptions or qualifications. For example, if you wish to withdraw your consent or object to processing, we may need to discuss with you whether our use of your data needs to continue for other lawful purposes, such as fulfilment of a legal or contractual requirement.
We will respond to your request within one month of receipt of your request. In some cases we may not be able to fulfil your request to exercise the right before this date, and may need to request more time. Where we cannot provide a full response to you for any reason, we will let you know about this in our initial reply to your request.
What we may need from you
To protect your privacy, we may take steps to verify your identity before taking any action in response to any request. This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
Fees
You will not have to pay a fee to access personal information relating to you (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
Informing us of changes
We also want to make sure that your personal information is accurate and up to date and we therefore request that you please keep us informed if your personal information changes. You may ask us to correct or remove any information you think is inaccurate.
Right to complain
If you wish to request further information about any of the above rights, or you have a concern about the way we are collecting or using your personal information, we request that you raise your concern with us in the first instance using the contact details set out in the section “Contacting Us” at the end of this notice.
If you are not satisfied with our response to your complaint or believe our processing of your information does not comply with data protection law, you can contact the Information Commissioner’s Office at https://ico.org.uk/global/contact-us/ or on 0303 123 1113.
Changes to this notice
We may amend this privacy notice from time to time. Any changes we make to this notice will notified to you by e-mail. The most recent privacy notice is available on our website. Please check back frequently to see any updates or changes to this notice. The new terms may require you to read and accept them to continue your use of the Services.
Contacting Us
If there are any questions regarding this privacy notice, you may contact us using the information below.
The Directors
Arcus Investment Limited
7-8 Stratford Place
5th Floor
London
W1C 1AY
Email: info@arcusinvest.com
Tel: +44 (0)203 540 9500