Policy version: September 2023
Capricornprivateinvestments.com (our website) is provided by Capricorn Private Investments Limited, company number 10112657 registered in England & Wales with registered address Malta House, 36-38 Piccadilly, London (‘we’, ‘our’ or ‘us’). We are the controller of personal data obtained via our website, meaning we are the organisation legally responsible for deciding how and for what purposes it is used.
We take your privacy very seriously and consider it to be fundamental to our relationship with our current and prospective clients. We are committed to maintaining the confidentiality, integrity and security of their personal data. Accordingly, we have developed internal policies to protect personal data while allowing our clients’ needs to be met. Please read this privacy policy carefully as it contains important information on who we are and how and why we collect, store, use and share any information relating to you (your personal data) in connection with your use of our website. It also explains your rights in relation to your personal data and how to contact us or a relevant regulator in the event you have a complaint.
We collect, use and are responsible for certain personal data about you. When we do so we are subject to the UK General Data Protection Regulation (UK GDPR).
Personal data we collect about you
We collect and process different types of personal data about you as described below:
Personal data that you provide to us or one of our affiliates. This includes information about you that you give to us by filling in forms or by communicating with us, whether face-to-face, by phone, e-mail, through our website or otherwise. Such information may include:
- Basic personal data (such as first name, family name, email address, phone number, address, city, postcode and/ or country);
- Any information that you choose to share with us (whether through our Site, through populating a Discretionary Management Agreement or otherwise) which may be considered personal data; and,
- Information about your dependents, banking relationships and bank account details, tax information, national insurance number, passport or ID card details, employment details, information about your PEP (Politically Exposed Person) status and source of wealth information.
- Personal data that we collect or generate about you. Such information may include:
- Information about our business relationship with you and our interactions with you;
- When you submit identifiable comments or other content to us, we collect whatever information you supply and use this information to communicate with you if requested, and otherwise fulfil the purpose of the content submission;
and - Call recordings, data relating to IT usage and risk profile information.
- Information we obtain from other sources.
- We may collect and store information that is publicly available on websites such as Companies House and from information sources we subscribe to such as World-Check One; and
- We may sometimes collect additional information from third parties including credit reference agencies or other background check agencies.
How and why we use your personal data
The table below explains what we use your personal data for and why.
| What we use your personal data for | Our reasons |
| Creating and managing your account with us | For our legitimate interests, to provide the best service to you |
| Providing services to you | To perform our contract with you or to take steps at your request before entering into a contract |
| Conducting checks to identify you and verify your identity or to help prevent and detect fraud against you or us | To comply with our legal and regulatory obligations |
| Enforcing legal rights or defending or undertaking legal proceedings |
Depending on the circumstances: — to comply with our legal and regulatory obligations — in other cases, for our legitimate interests, i.e. to protect our business, interests and rights |
| Customising our website and its content to your particular preferences based on a record of your selected preferences or on your use of our website |
Depending on the circumstances: — your consent as gathered — see ‘Cookies’ below — where we are not required to obtain your consent and do not do so, for our legitimate interests, i.e. to improve our service |
| Retaining and evaluating information on your recent visits to our website and how you move around different sections of our website for analytics purposes to understand how people use our website so that we can make it more intuitive or to check our website is working as intended |
Depending on the circumstances: — your consent as gathered — see ‘Cookies’ below — where we are not required to obtain your consent and do not do so, for our legitimate interests. |
| Communications with you not related to marketing, including about changes to our terms or policies or changes to the services or other important notices |
Depending on the circumstances: — to comply with our legal and regulatory obligations — in other cases, for our legitimate interests, i.e. to be as efficient as we can so we can deliver the best service to you at the best price |
| Protecting the security of systems and data used to provide the services | To comply with our legal and regulatory obligations |
| Statistical analysis to help us understand our customer base | For our legitimate interests, to improve our services |
| Updating and enhancing customer records |
Depending on the circumstances: — to perform our contract with you or to take steps at your request before entering into a contract — to comply with our legal and regulatory obligations — where neither of the above apply, for our legitimate interests, e.g. making sure that we can keep in touch with our customers about existing orders and new products |
| Disclosures and other activities necessary to comply with legal and regulatory obligations that apply to our business, e.g. to record and demonstrate evidence of your consents where relevant | To comply with our legal and regulatory obligations |
| Marketing our services to existing and former customers | For our legitimate interests, i.e. to promote our business to existing and former customers |
Who we share your personal data with
We may share personal data with our affiliates in the provision of services and for the management and administration of our business. This may include data relating to Know Your Customer and anti-money laundering checks.:
We or our affiliates occasionally also share personal data with:
- our external auditors, e.g. in relation to the audit of our accounts, in which case the recipient of the information will be bound by confidentiality obligations
- our professional advisors (such as lawyers and other advisors), in which case the recipient of the information will be bound by confidentiality obligations
- law enforcement agencies, courts, tribunals and regulatory bodies to comply with our legal and regulatory obligations
- other parties that have or may acquire control or ownership of our business (and our or their professional advisers) in connection with a significant corporate transaction or restructuring, including a merger, acquisition, asset sale, initial public offering or in the event of our insolvency—usually, information will be anonymised but this may not always be possible. The recipient of any of your personal data will be bound by confidentiality obligations
How long your personal data will be kept
How long we will hold your personal data for will vary and will be determined by the following criteria:
- the purpose for which we are using it – we will need to keep the data for as long as is necessary for that purpose; and,
- legal obligations – laws or regulation may set a minimum period for which we have to keep your personal data.
Transferring your personal data out of the UK
Countries outside the UK have differing data protection laws, some of which may provide lower levels of protection of privacy.
It is sometimes necessary for us to transfer your personal data to or store in countries outside the jurisdiction where it was collected. In those cases we will comply with applicable UK laws designed to ensure the privacy of your personal data.
Under data protection laws, we can only transfer your personal data to a country outside the UK where:
- the UK government has decided the particular country ensures an adequate level of protection of personal data (known as an ‘adequacy regulation’) further to Article 45 of the UK GDPR.
- the recipient might have signed up to a contract based on “model contractual clauses” approved by the UK Government, obliging them to protect your personal data;
- a specific exception applies under relevant data protection law
Where we transfer your personal data outside the UK, we do so on the basis of an adequacy regulation or ensure it is compliant with applicable data protection law. You can obtain more details of the protection given to your personal detail by contacting us as set out in ‘How to Contact us’ below.
Cookies
A cookie is a small text file which is placed onto your device (e.g. computer, smartphone or other electronic device) when you use our website. We use cookies on our website. Cookies can save the visitor’s name, password, user-name, screen preferences and the pages of the site viewed by the visitor. Visitors may decline the Internet cookie by using the appropriate feature of their Web software, if available. Declining the Internet cookie may, however, interfere with a visitor’s ability to view certain content is this web site.
Your rights
You generally have the following rights, which you can usually exercise free of charge:
| Access to a copy of your personal data | The right to be provided with a copy of your personal data |
| Correction (also known as rectification) | The right to require us to correct any mistakes in your personal data |
| Erasure (also known as the right to be forgotten) | The right to require us to delete your personal data — in certain situations |
| Restriction of use | The right to require us to restrict use of your personal data in certain circumstances, e.g. if you contest the accuracy of the data |
| Data portability | The right to receive the personal data you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party — in certain situations |
| To object to use |
The right to object: — at any time to your personal data being used for direct marketing (including profiling) — in certain other situations to our continued use of your personal data, e.g. where we use your personal data for our legitimate interests unless there are compelling legitimate grounds for the processing to continue or the processing is required for the establishment, exercise or defence of legal claims |
| Not to be subject to decisions without human involvement |
The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you We do not make any such decisions based on data collected by our website |
| The right to withdraw consents |
If you have provided us with a consent to use your personal data you have a right to withdraw that consent easily at any time Withdrawing a consent will not affect the lawfulness of our use of your personal data in reliance on that consent before it was withdrawn |
For further information on each of those rights, including the circumstances in which they do and do not apply, please contact us (see ‘How to contact us’ below). You may also find it helpful to refer to the https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/individual-rights/individual-rights/ on your rights under the UK GDPR.
Keeping your personal data secure
We have appropriate security measures to prevent personal data from being accidentally lost, or used or accessed unlawfully. We limit access to your personal data to those who have a genuine need to access it.
We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
How to complain
Please contact us if you have any queries or concerns about our use of your personal data (see below ‘How to contact us’). We hope we will be able to resolve any issues you may have.
You also have the right to lodge a complaint with the Information Commissioner in the UK. The UK’s Information Commissioner may be contacted using the details at https://ico.org.uk/make-a-complaint or by telephone: 0303 123 1113.
Changes to this privacy policy
We may change this privacy policy from time to time — when we make significant changes, we will take steps to inform you, for example by publishing changes on the Website for a reasonable period.
How to contact us
You can contact us by email to info@capricorncapital.com if you have any questions about this privacy policy or the information we hold about you, to exercise a right under data protection law or to make a complaint.