FORE Advisors LLP (also “we” and “us”) is committed to respecting and protecting your privacy.
This policy explains how we will use any personal data we collect from or about you, the rights you have relating to your personal data and the procedures we have in place to protect it.
Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. We trust this policy will answer any questions you have, but if not, please get in touch with us using the contact details provided at the end of this policy.
This policy provides the following information:
- Client Engagement
- Fraud and Anti-Money Laundering Checks
- Investor Data
- Additional Uses of Personal Data
- Automated Decision-Making
- Sharing Your Data
- International Data Transfers
- How Long We Keep Your Personal Data
- Security of Your Personal Data
- Your Rights
- Right to Object
- How Can I Unsubscribe From Marketing Communications?
- Third Party Links
1. Ensuring the lawful use of your data
We will only use your personal data where we have a lawful basis to do so.
We will usually only use your data where it is necessary for us to perform our obligations under the subscription agreement which we enter into with you or other arrangements that we may have with you, or in a way which might reasonably be expected as part of running our business and which does not unduly impact your interests, rights or freedoms. For example, we might use technical information about your visit to our website to administer and improve our website.
We may sometimes need to use your personal data to comply with our legal obligations (for example, to comply with our anti-money-laundering obligations).
In some cases we may ask for your consent to use your data, for example, where you sign-up to receive our email newsletters or other marketing materials.
Further details of how we will use your personal information are provided below. Please contact us using the details at the end of this policy if you would like further information about how we use your data.
2. What Information Do We Collect From You and How Do We Use It?
The information we collect about you and how we will use it, depends on how you interact with us, as set out below.
We may collect basic information about you in the course of our interactions. It is not mandatory that you provide this information, but providing it helps us communicate with you. Such information includes your name, company name, email address, and phone number.
As part of our client engagement process, prior to your subscription to an investment with us, it is mandatory that we collect the following information about you:
- Your full name, gender, and date of birth
- Residential address (current and previous), business name and address (if relevant)
- Employment status,
- Email address, telephone numbers
- National insurance number, tax ID number, tax status
- Bank details
- ID documents, such as your passport or driving licence
- An image or photo of you
We will use this information in order to complete our client engagement process, onboarding, and suitability checks, and if you subscribe to an investment with us, as set out in the “Investor Data” section below. You will not be able to subscribe to an investment with us without providing this information to us.
The legal basis for our use of this information is that it is in our legitimate interests to collect it in order to complete our client engagement process and for the purposes of your subscription. Some of this information is also required to enable us to comply with our legal obligations as set out in the “Fraud and Anti-Money Laundering Checks” section below.
Fraud and Anti-Money Laundering Checks
As part of our client engagement process, we will use the information you have provided to us to carry out ”Know Your Customer” (“KYC”) checks, such identification verification checks, anti-money laundering checks and in some cases, credit checks, for the purposes of meeting our regulatory obligations, including under the anti-money laundering regulations and any other applicable legislation, crime prevention, fraud prevention and credit risk reduction.
This may involve sharing your personal data with fraud prevention and credit reference agencies, our administrators, lenders, and similar third parties related to specific investments that are also subject to regulatory obligations in their dealings with us.
We may repeat some or all of these checks at intervals whilst you remain an investor with us, for example, where required by a bank or other lender for the purposes of their KYC/anti-money laundering checks or to fulfill our regulatory obligations, such as where identity verification documents have expired.
When we process your personal data, we do so on the basis that we have a legitimate interest in preventing fraud and money laundering and to verify your identity and reduce credit risk, in order to protect our business and to comply with laws that apply to us. Where applicable, you are required to submit to these checks under the terms of your Subscription Agreement.
We may also enable law enforcement agencies to access and use your personal data, to detect, investigate and prevent crime.
If we determine that you pose a fraud or money laundering risk or a credit risk, you may not be able to subscribe to an investment with us and there may be other consequences as set out in the subscription agreements and other governing documentation.
A record of any credit, fraud, or money laundering risk will be retained by us and the relevant fraud prevention/credit reference agencies and may result in others refusing to provide credit, services, financing, or employment to you.
If you subscribe to an investment with us, we will use your personal data to manage your investments and to communicate with you about existing and potential investments (for example to send you periodic updates of your portfolio). We may also use your personal data to perform analysis on your investments, perform risk management functions, and generally to aid us in managing your investments.
The legal basis for our use of this information is that it is in our legitimate interests to collect it in order to manage your investment(s) and to provide you with related services.
Additional Uses of Personal Information
We may also use the information we collect about you as set out below.
|The personal data we collect from you||How we use it||Lawful Basis|
|Personal data needed to identify you such as your name, company name, and your contact details, such as your email address and telephone number.||To allow you to use the functions available on our website, such as to enable you to log-into and to use our data room.||Legitimate business purposes.|
|To send you email notifications and/or newsletters.||Where you consent/ legitimate business purposes.|
|To deal with enquiries and complaints made by or about you.||Legitimate business purposes.|
|Technical information about your computer and about your visits to our website and documents viewed (including your IP address, geographical location, browser type, referral source, length of visit, number of page views, the links opened, the content accessed); social media views; and whether you have opened our emails and links selected.||To administer and improve our website, to ensure it is presented in the most effective manner for you, to give you the best website experience and to better understand the products and services you may be interested in. This includes the use of Google Analytics and other similar tools to analyse the performance of our website, including how many visitors we have, how long they stay on our website and how many pages they visit.||Legitimate business purposes|
|For data analysis, testing, research and statistical purposes to help us to improve our products and services.||Legitimate business purposes|
|To keep our website safe and secure.||Legitimate business purposes|
|To make suggestions and recommendations to you and other users of our website about products or services that may interest you or them.||Legitimate business purposes|
|To measure or understand the effectiveness of marketing materials we serve to you and others, and to deliver relevant messaging to you.||Legitimate business purposes|
You do not have to give us any of the personal data set out in the table above but, if you do not provide us with certain information, you may not be able to use all functions on our website, and we may not be able to provide you with the products or services you have requested or deal properly with any enquiries or complaints raised by you.
4. Automated decision making
We do not currently carry out automated decision-making using personal data we hold about you.
5. Sharing your data
If you subscribe to an investment with us, we may need to provide personal information about you to banks, lenders, our fund administrator and sometimes to buyers and vendors of investment properties (or their agents), for example to satisfy their KYC/anti-money laundering requirements.
We may also need to disclose your personal data to our agents, lawyers, accountants, auditors, tax and other advisers, for the purposes of our business.
We share your personal data with trusted third parties to allow us to provide our website and our services to you and for analytics purposes. This includes our website host, IT support and maintenance providers, and our analytics providers, such as Google Analytics and Meyler Capital. We use MailChimp to measure interest in the promotional emails we send.
When we do share your data with these third parties we have written contracts in place with them that require them to only use your data for the purpose we specify to them and that your privacy is secure and respected.
In addition, we may also disclose personal information about you:
(a) to the extent that we are required to do so by law, such as to regulators such as HMRC and the Financial Conduct Authority
(b) in connection with any legal proceedings or prospective legal proceedings
(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk)
(d) to the purchaser (or prospective purchaser) and vendor (or prospective vendor) of any business or asset which we are (or are contemplating) selling or buying
7. International data transfer
Some of our service providers, such as MailChimp and Meyler Capital may be located (or may access your personal data from) outside the EEA, for example in the US or Canada. Our fund administrator, JTC Group, has operations in Jersey, and South Africa. When personal data is stored, accessed or sent outside the EEA, at least one of the following measures will be in place to safeguard your personal data:
- Standard Contractual Clauses. See https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en;
- EU/US Privacy Shield Certification. See www.privacyshield.gov; or
- The recipient country has been deemed to provide adequate protection by the European Commission. See https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en.
Please access the above links for further information or contact us using the details provided at the end of this policy.
8. How long will we keep your personal data?
We will only keep your personal data for as long as we need to for the reason we collected it, as set out in this policy. If you subscribe to an investment with us, we will keep your personal data for as long as you remain an investor and we will retain the information we collected for KYC/anti-money laundering purposes for at least 5 years afterwards as required by law.
We may also keep hold of some of your personal data if we are required to do so for other legal purposes.
For further information about how long we keep your personal data, please contact us using the details provided at the end of this policy.
9. Security of your personal data
We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information. We will store all the personal information you provide on our secure password and firewall protected servers.
Of course, data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
10. Your Rights
You have the following rights in relation to the personal information we hold about you, to request:
- access to the personal data we hold about you (commonly known as a data subject access request) including a copy of it;
- the completion or correction of the personal information that we hold about you if it is incomplete or inaccurate;
- the deletion or removal of personal data we hold about you, for example, where there is no good reason for us continuing to process it or where you have exercised your right to object to processing (see Section 11 below);
- for our processing of your personal information to be restricted in certain circumstances, for example if you want to establish its accuracy or the reason for processing it;
- to obtain a copy of the personal information you’ve provided us with and to reuse it elsewhere or to ask us to transfer it to a third party of your choice; and
- to withdraw any consent you have provided to our use of your personal data. Where you withdraw consent we will stop using your data for the specific purpose, unless we have an alternative legal basis to use it.
We may ask you for proof of your identity before dealing with your request, as a security measure to protect your data.
11. Right to Object
Where we are processing your personal data on the basis of our legitimate interests, you can ask us to stop processing it and we must do so unless we believe we have an overriding legitimate reason to continue processing your personal data or the processing is for the establishment, exercise or defence of legal claims.
If you are dissatisfied with how we have handled your personal data, you have the right to make a complaint to your data protection regulator (the Information Commissioner’s Office in the UK) and we will work with them to resolve it. We would, however, appreciate the chance to deal with your concerns before you approach the regulator, so please do contact us in the first instance.
12. How can I unsubscribe from marketing communications?
You may instruct us not to process your personal data for marketing purposes at any time by contacting us using the details provided at the end of this policy or you can opt out of our marketing emails by clicking on the ”unsubscribe” link provided in each email.
13. Third party websites
Our website contains links to other websites. We are not responsible for the privacy policies or practices of third party websites.
Contact our Chief Compliance Officer, Bill Hackney at +44 20 7440 3480 or email@example.com
Write to us by email firstname.lastname@example.org or by post to FORE Partnership at 18 Savile Row, London W1S 3PW, United Kingdom, Telephone +44 20 7440 3480.
This policy was last updated on 15 November 2018.