PRIVACY NOTICE (THIS “NOTICE”)
This Notice explains how we collect, use, share and protect your personal data. We are committed to protecting and respecting your privacy, and you have the right to be provided with clear, transparent and easily understandable information about how we use your information and your rights. This is why we are providing you with the information in this Notice.
As used in this Notice:
1. WHO IS THE CONTROLLER OF YOUR PERSONAL DATA?
We are Hedosophia Services Limited (registered in the UK with Company No. 08975224) which has its registered office at 2 Soho Place, London W1D 3BG, and Hedosophia Services (Guernsey) Limited (registered in Guernsey with Company No. 68673) which has its registered office at Suite 4 (Second Floor), Weighbridge House, Lower Pollet, St Peter Port, Guernsey GY1 1WL. For the purposes of data privacy legislation, we will be acting as ‘joint controllers’.
Investors in Hedosophia funds should refer to the Privacy Notices provided in the relevant investor portal.
This Notice describes the processing of personal data collated by us and our agents about natural persons and explains the rights of such persons in relation to such personal data.
In this Notice, where our processing activities are described in respect of your personal data this also means the processing activities carried out in respect of such personal data by us or on our behalf by our agents, sub-contractors and authorised processors without limitation.
2. WHAT INFORMATION DO WE COLLECT?
We collect your personal information from a variety of sources, as set out in this Notice. Where necessary we collect information directly from you or indirectly from third parties, and through your use of our website.
2.1. Information you provide to us
We may collect the following personal data about natural persons in connection with investments made in and by Hedosophia funds. If this information changes, please let us know at the earliest opportunity so that our records can be updated:
We may also, in certain circumstances, collect sensitive personal data in the context of checks we might be obligated to conduct under laws relating to proceeds of crime, anti-money-laundering and the financing of terrorism.
2.2. Information we collect from other sources
We collect the following information from third parties:
2.3. Information from your use of our website
With regard to each of your visits to our site we may automatically collect the following information:
3. HOW IS THE DATA COLLECTED?
We primarily collect your personal data from information which you or your authorised representative provide, including but not limited to:
together with personal data received from you or any third-party sources which may include:
We may also collect and process your personal data in the course of dealing with advisors, regulators, official authorities and service providers by whom you are employed or engaged or for whom you act. We may also combine information that we have about you from various sources, including the information that you have provided to us.
We will also collect information from you via each visit to this website.
4. HOW IS THE DATA USED?
We may use the data, including any personal data, for the following purposes (those based wholly or partly on our legitimate interests are set out below:
To the extent that such personal data contains sensitive personal data, then the processing of such data shall solely be for the purpose of complying with any duty imposed on us by an enactment including, but not limited to, legislation and regulatory obligations relating to anti-money laundering and combating the financing of terrorism and all other related legislation.
We do not make decisions about you based on automated processing of your personal data.
5. ON WHAT BASIS IS THE DATA USED?
We process your personal data on the following lawful grounds:
Some of the grounds for processing described above will overlap and there may be several grounds which justify the use of your personal data.
6. IS IT NECESSARY TO PROVIDE PERSONAL DATA?
Unless otherwise indicated, you should assume that we require the personal data for statutory, regulatory or contractual requirements, or for our legitimate business interests or those of a third party (except where those interests are overridden by your interests, fundamental rights or freedoms).
To the extent you refuse to communicate personal data to us, we may not be able to comply with our legal, regulatory or compliance-related obligations or perform our contracts with you. The refusal to provide certain personal data to us may affect our ability to do business with you.
7. DISCLOSURE OF PERSONAL DATA AND TRANSFERS OVERSEAS
Personal data will, in certain circumstances, be disclosed to group companies and third parties, including:
Where we are under an obligation to do so by law, we may disclose personal data to regulators, courts, the police or tax authorities, or in the course of litigation. In some cases, in accordance with applicable law, it may not be possible to provide notification in advance about the details of such disclosures. We will use reasonable efforts to disclose the minimum personal data necessary in such cases.
Where we transfer personal data outside of the Bailiwick of Guernsey, the UK or the EEA, such transfer shall be made pursuant to European Commission approved standard contractual clauses and/or such other transfer mechanisms or safeguards required under the GDPR, DPL or other data privacy law (in each case, as applicable) for such transfer.
8. RETENTION OF PERSONAL DATA
Your personal data will be retained for the longest of the following periods:
We endeavour to store your personal data securely. We shall (or procure that persons processing data on our behalf shall) implement appropriate technical and organisational measures to protect personal data against unauthorised or unlawful processing and against accidental loss, damage or destruction.
Whilst we have taken every reasonable care to ensure the implementation of appropriate technical and security measures, we cannot guarantee the security of your personal data over the internet, via email or via their websites, we do not accept, to the fullest extent permitted by law, any liability for any errors in data transmission, machine, software or operating error or any other cause.
9. RIGHTS IN RELATION TO PERSONAL DATA HELD BY US
Natural persons have certain rights in relation to the personal data we hold about them. Some of these only apply in certain circumstances as set out in more detail below. We also set out how to exercise those rights. Please note that we require natural persons to verify their identity before responding to any requests to exercise applicable rights.
Natural persons have the following rights in relation to their personal data:
You also have the right to lodge a complaint to a supervisory authority in the UK or EEA member state of your usual residence or place of work or of the place of the alleged breach, and/or, in respect of personal data processed as part of our activities related to investments in and by the Hedosophia funds. A list of the EEA data protection authorities is available at https://edpb.europa.eu/about-edpb/about-edpb/members_en. In the UK, the relevant supervisory authority is the Information Commissioner’s Office: https://ico.org.uk/.
For more detail on when these rights apply, or in order to exercise the rights set out at above, or to enquire or make a complaint, please contact us per the following details.
10. SECURITY
We acknowledge that the information you provide may be confidential and will maintain the confidentiality of and protect your information in accordance with our normal procedures and all applicable laws. We employ appropriate technical and organisational security measures to help protect your personal data against loss and to guard against access by unauthorised persons. We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
In addition, those employees, agents, contractors and other third parties who process your personal data will only do so on our instructions and they will be subject to a duty of confidentiality.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, for example by encrypting our outgoing email communications, we cannot guarantee the security of your data transmitted online. Any transmission is at your own risk. Once we have received your information, we will use procedures and security features to try to prevent unauthorised access.
11. CONTACT
Questions, comments and requests regarding this Notice are welcomed. You can contact us by emailing: info@hedosophia.com and ah@hedosophia.com.
12. CHANGES TO THIS NOTICE
This Notice may be amended from time to time at our discretion.
Hedosophia Services Limited (“HSL”) is registered in the UK (No. 08975224) and has its registered office at 2 Soho Place, London W1D 3BG.
HSL is authorised and regulated by the Financial Conduct Authority (FRN 831234).
Hedosophia Services (Guernsey) Limited (“HS(G)L”) is registered in Guernsey (No. 68673) and has its registered office at Suite 4 (Second Floor), Weighbridge House, Lower Pollet, St Peter Port, Guernsey GY1 1WL.
HS(G)L is regulated by the Guernsey Financial Services Commission (GFSC Ref 2749420).
This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.hedosophia.com (our site) as a guest.
Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them.
If you do not agree to these terms of use, please refrain from using our site.
www.hedosophia.com is a site operated by Hedosophia Services Limited (“we”, “us”, “our”).
We are a company registered in England and Wales under company registration number 098975224 and have our registered office at 2 Soho Place, London, England, W1D 3BG.
We are authorised and regulated by the Financial Conduct Authority.
Where appropriate, references to “we”, “us” and “our” in these terms of use shall include Hedosophia Services Limited, other members of our group of companies and third parties connected to us, including without limitation directors, officers, employees, partners, shareholders and agents of the foregoing.
We process information about you in accordance with our Privacy Policy as found on our website. By using our site, you consent to such processing.
You are not permitted to establish a link to our site in any way.
You may use our site only for lawful purposes. You also agree:
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990.
We may report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them.
In the event of such a breach, your right to use our site will cease immediately.
We are the owner or the licensee of all intellectual property rights in our site, and in any material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
If you print, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Any trade marks shown on the site are the trade marks of ours unless expressly stated otherwise. No permission is given by us in respect of the use of any such trade marks, service marks, company names or logos or copyrights and such use may constitute an infringement of the holder’s rights.
Any content on our site is provided on an “as is” basis, for general information only. It has not been audited or verified by any third party and is subject to change at any time, without notice. It is not intended to amount to advice on which you should rely.
Specifically, our site and any information contained herein is not, and must not be treated as, investment advice, investment recommendations, or investment research and no person must take (or refrain from taking) any investment decision on the basis of the information set out on our site.
Before making any investment decision, you should seek independent investment, legal, tax, accounting or other professional advice as appropriate.
Although we make reasonable efforts to update any information provided on our site, we make no representations, warranties or guarantees, whether express or implied, as to the condition, quality, accuracy, suitability, fitness for purpose, completeness, or freedom from viruses or bugs (you should use your own virus protection software) of the information contained on our site or that such content will be accurate, complete, up to date, uninterrupted or error-free.
We therefore disclaim all liability and responsibility arising from any use of or reliance placed on all content on our site by any visitor to our site, or by anyone who may be informed of any of its contents.
Any content on our site is not intended to and does not constitute an offer, invitation, solicitation or recommendation to invest in any fund, security or other product or service. Any information contained on our site should not be relied upon for any purpose.
Any offer or invitation, if made, would be made only by way of a confidential private placement memorandum (or other formal or informal offering document) and only in jurisdictions in which such an offer or invitation would be lawful.
The information on our site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution would be contrary to local law or regulation.
We aim to update our site regularly and may change the content at any time. If the need arises, we may suspend access to our site or close it indefinitely.
Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.
Whether you are a consumer or business user, to the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
We will not be liable for any loss, fines or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
We will determine, in our sole discretion, whether there has been a breach of these terms through your use of our site. When a breach of these terms has occurred, we may take such action as we deem appropriate in our sole discretion.
We exclude liability for actions taken in response to breaches of these terms.
You hereby indemnify and hold us, other members of our group of companies and third parties connected to us and our, their directors, officers, employees, partners and agents harmless from and against all liabilities, damages, losses, fines, costs and other expenses (including, without limitation, legal fees and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us arising out of any breach by you of any provision of these terms or other liabilities arising out of your use of our site.
If any part of these terms of use is found by any court, tribunal, administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable, then that part shall, to the extent required, be severed from these terms of use and shall be ineffective without modifying any other part of these terms of use. This shall not affect any other provision of these terms of use, which shall remain in full force and effect.
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we may make, as they are legally binding on you.
Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
If you are an individual, please note that these terms of use, its subject matter and its formation, are governed by English law.
You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.
We both agree that the English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site, although we retain the right to bring proceedings against you for breach of these terms in your country of residence or any other country.
If you have any concerns about material that appears on our site, please contact info@hedosophia.com.
Thank you for visiting our site.