Last Updated in February 2022
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:
- 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;
- 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;
- 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
- 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.
Information we collect from your use of our website
We also collect information from your use of our website, such as:
- the way in which you navigate around it;
- 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.
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
We use personal information relating to you that we collect, or that you provide to us, for the purposes of our legitimate interests as follows:
- to carry out our obligations arising from any contracts entered into between you and us (or the Arcus managed funds) and to provide you with the information, products and services that you request from us;
- to liaise with partners in connection with your use of the Services;
- to deal with enquiries or complaints;
- to conduct our internal business and management processes, for example accounting or auditing purposes; and
- for any other purposes that you would reasonably expect.
We may combine this data with personal information you give to us and personal information we collect that relates to you. We may use this personal information and the combined data for the purposes set out above (depending on the type of data we receive).
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 sending an email or by writing to us using the contact details set out in section 10 at the end of this notice. Please see section 7 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.
Our bases for collecting and using the information
We are entitled to use your personal data in the ways set out in this privacy notice on the following bases:
- 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 obligations that we have to discharge; and/or
- the use of your personal data is necessary for our legitimate interests in:
- ensuring the quality of the products and services we provide to you;
- collecting information for marketing purposes;
- communicating with you; and/or
- statistical analysis.
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 in section 10 at the end of this notice.
Do we share your personal information with any third parties?
We may disclose personal information relating to you to third parties in certain circumstances including (but not limited to) the following:
- 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;
- 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 servers.
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?
The Firm has comprehensive policies and procedures in place to ensure your personal data is kept safe and secure, with these including:
- Data encryption;
- 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, the Firm is 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 whilst relevant and useful, and destroyed where this ceases to be the case or where the data subject specifically requests this.
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 section 10 at the end of this notice. 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.
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 section 10 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/concerns/ 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.
If there are any questions regarding this privacy notice, you may contact us using the information below.
Arcus Investment Limited
7-8 Stratford Place
Tel: +44 (0)203 540 9500