Privacy Policy

Calculus Capital Limited is part of the Calculus group of companies (collectively referred to as “Calculus”, “we” or “us” in this policy)

This Privacy Policy sets out how we collect, use and protect your personal information. ‘Personal information’ is information which identifies you or another person, or which is capable of doing so.

“Clients” or “investors” in this policy refers to persons who have invested or may invest in funds managed by Calculus. Independent financial adviser (“IFA”) refers to the firm or persons who act or may act for or introduce clients or investors.

Maintaining the security of your data is a priority at Calculus, and we are committed to respecting your privacy rights.  We pledge to handle your data fairly and legally in accordance with the General Data Protection Regulation (“GDPR”), the Data Protection Act 1998 and subsequent re-enactments and related legislation (“Data Protection Laws”) at all times. Calculus is also dedicated to being transparent about what data we collect about you and how we use it.

Data controller

Calculus Capital Limited is regulated by the FCA (FRN 190854).  It is a private company in England and Wales with company number 03861194. The data controller (as defined under Data Protection Laws) for information obtained, processed and controlled by Calculus is Calculus Capital Limited. Calculus Capital Limited is registered as a data controller with the Information Commissioner’s Office and our registration number is Z7617560. If you have any questions about privacy at Calculus please contact the data protection team at its registered address 104 Park Street London W1K 6NF or e-mail dataprotection@cc23.codewithfeeling.com. The website cc23.codewithfeeling.com is owned by Calculus Capital Limited.

Overview

This policy covers the following topics:

• What information do we hold about you?
• How will we use the information about you?
• Marketing
• Your rights
• Cookies
• Other websites
• Changes to our privacy policy
• How to contact us
• Legal basis for using your personal data

What information do we collect about you?

We collect information about you when you complete an application form or transfer form and supply us with additional verification documents and/ or information by post or by e-mail to become an investor in one or more of the funds which we manage or to notify us that you are that client’s IFA.  We also collect information when you supply us with documents or details in an e-mail because you are or have become responsible for (e.g. under power of attorney or as an executor) the investment in one of our funds.  We collect information when you notify us by post, e-mail or by telephone or facsimile of any additional information or any changes to your information.  We also collect information when it is supplied to us by third parties who have a lawful basis for passing your information to us.  We may supplement the information we hold about you from third parties such as credit reference agencies and publicly available sources.

The information we collect may include:

• Your name, title, gender and marital status
• Contact information including address, telephone number and e-mail address
• Identification numbers and passwords (albeit these are generated by us)
• Date of birth and/or age, place of birth and nationality
• Driving licence information, passport information and/or utility supplier information
• National insurance number, and other tax identification numbers and tax residencies
• Information which would enable us to determine whether you would be a politically exposed person such as political affiliations and categorisations by third party reference agencies which would require us to do enhanced anti-money laundering due diligence.
• Employment details (current and historic) and qualifications and interests
• Sources of wealth, size and nature of investments made (including investments in funds managed by us) and investment experience
• Your bank details
• Correspondence from you and communications with us
• Your marketing and communication preferences

In specific instances, we may need to collect additional data for the purposes set out in this Policy.  In these circumstances we would tell you what we were processing and why.  Some of the above personal data is collected directly, for example from an application form to invest in one of our funds or when an email to is sent to our fund administration or investor relations and marketing team. Other personal data may be collected indirectly, for example from your browsing activity.

How will we use your personal information?

Calculus (and trusted partners acting on our behalf) use your personal information:

• to provide our services to you including the management and administration of your account and your investments.
• to provide documents to you by post, e-mail or via a portal
• to verify your identity
• for crime and fraud prevention detection and related purposes
• to make an assessment of you to enable us to classify you as either a retail or professional investor;
• to assess your level of competence and understanding
• to comply with audit, tax, FCA and other reporting obligations
• for statistical analysis and performance data
• to make payments to you
• to enable us to manage interactions with you and your IFA(s) (where applicable)
• with your agreement and where permitted by law, to contact you about products and services which we think may interest you

Sharing data with third parties

In order to make certain services available to you, we may need to share your personal data with some of our service partners.  These include IT and security testing, delivery and marketing, printing service, website hosting and portal providers.  Details of current providers are available on request.

Calculus only allows its service providers to handle your personal data when we have confirmed that they apply appropriate data protection and security controls.  We also impose contractual obligations on service providers relating to data protection and security where those service providers are acting as data processors of any personal data of which Calculus is the data controller, which mean they can only use your data to provide services to Calculus and to you, and for no other purposes.

We may share your information with and obtain information about you from:

• credit reference agencies or fraud prevention agencies.
• the IFA who signs your application form and such other adviser or advisory firm as you may instruct us to share your information with from time to time.
• Investee companies who submit information to HMRC to enable them to produce certificates in order for you to claim tax relief
• governmental bodies, regulators, auditors, law enforcement agencies, courts/tribunals and insurers where we are required to do so: –
  • to comply with our legal obligations;
  • to exercise our legal rights (for example in court cases);
  • for the prevention, detection, investigation of crime or prosecution of offenders; and
  • for the protection of our employees and clients

If you change your IFA and/or no longer wish us to share information you should notify us at the contact details given below under “How to contact us”

International transfers

• To deliver products and services to you which are necessary for the performance of our contract with or services to you or where you have given express consent, Calculus may share your data outside of the European Economic Area.  This will typically occur if you are based outside the EEA or if service providers are located outside the EEA or.  These transfers are subject to special rules under Data Protection Laws.

How long do we keep your data?

• We keep your information for as long as we need to for legitimate business purposes and for legal and regulatory reasons. We will not retain your data for longer than necessary for the purposes set out in this Policy. Different retention periods apply for different types of data, however the longest we will normally hold any personal data is 6 years after the date when you cease to be an investor in or cease to be responsible for the investment in one or more of our funds or cease to be providing services to or receiving services from Calculus.

Legal basis for Calculus processing investor personal data

We are required to set out the legal basis for our processing of personal data.

General

Calculus collects and uses your personal data because is it necessary for:

• the pursuit of our legitimate interests;
• the purposes of complying with our duties and exercising our rights under a contract for the supply of services to an investor; or
• complying with our legal and regulatory obligations.

Complying with our contractual duties and exercising our contractual rights

This includes:

• handling investor contacts, queries, complaints or disputes;
• managing insurance claims;

Complying with our legal and regulatory obligations

This includes:

• preventing, investigating and detecting crime, fraud or anti-social behaviour and prosecuting offenders, including working with law enforcement agencies;
• protecting Calculus, its employees and investors in its funds, by taking appropriate legal action against third parties who have committed criminal acts or are in breach of legal obligations to Calculus;
• effectively handling any legal claims or regulatory enforcement actions taken against Calculus; and
• fulfilling our duties to our investors, financial advisers and other stakeholders.

Our legitimate interests

The normal legal basis for processing your data, is that it is necessary for the legitimate interests of Calculus, including: –

• providing products and services to investors in our funds;
• protecting investors, and maintaining their safety, health and welfare;
• promoting, marketing and advertising our products and services;
• sending communications which are relevant and tailored to individual investors and advisers
• understanding our investors’ behaviour, activities, preferences, and needs;
• improving existing products and services and developing new products and services.

In general, we only rely on consent as a legal basis for processing in relation to sending direct marketing communications to you via email or text message.

You have the right to withdraw consent at any time where consent is the legal basis for processing your personal data.  Where consent is the only legal basis for processing, we will cease to process data after consent is withdrawn.

How we protect your data

Our controls

Calculus is committed to keeping your personal data safe and secure.

Our security measures include: –

• internal policies setting out our data security approach and training for employees
• security controls which protect the infrastructure from external attack and unauthorised access;
• planning to ensure we are ready to respond to cyber security attacks and data security incidents;
• penetration testing of systems;

Marketing

To the extent permitted by law and/or FCA regulations, we would like to send you information about products and services of ours and about other companies whose funds are managed by us which may be of interest to you.  If you have consented to receive marketing, you may opt out at a later date.

You have a right at any time to stop us from contacting you for marketing purposes.

Your rights and obligations as a data subject

Subject access

You have a right to request a copy of the information that we hold about you.  If you would like a copy of some or all of your personal information, please e-mail or write to us at the contact details below. You will not have to pay a fee to access your personal data (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.

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal data is not disclosed to any person who has no right to receive it.

Accuracy and right of rectification or restriction on processing

We want to make sure that your personal information is accurate and up to date.  You may ask us to remove or correct information which you think is inaccurate and we will investigate any such matters.  If we agree that the information is inaccurate, we will ensure any inaccuracy is rectified as soon as possible.

You may request that we suspend the processing of personal data about you, for example if you want us to establish its accuracy or the reason for processing it.

Erasure

You may ask us to delete or remove personal data 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 data where you have exercised your right to object to processing (see below).

Data portability

You may request that your information is transferred to another data controller.

Objection

You may object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground.

Complaints

If you have a concern about Calculus’ information rights practices, you can complain to Calculus at dataprotection@cc23.codewithfeeling.com or write to us at our registered address or report your concerns or lodge a complaint to the information Commissioner’s Office: telephone 0303123 113.

Your duty to inform us of changes

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your working relationship with us.

If you want to review, verify, correct or request erasure of your personal data, object to the processing of your personal data, or request that we transfer a copy of your personal data to another party, please contact the data protection team in writing.

Cookies

Cookies are text files placed on your computer to collect standard internet log information and visitor behaviour information. This information is used to track visitor use of the website and to compile statistical reports on website activity.  For further information visit www.aboutcookies.org or www.allaboutcookies.org.

You can set your browser not to accept cookies and the above websites tell you how to remove cookies from your browser.  However, in a few cases some of our website features may not function as a result. The Cookie policy displayed on the cc23.codewithfeeling.com website sets out the cookies used.

Other websites

Our website cc23.codewithfeeling.com  may contain links to other websites. This privacy policy only applies to our website. When you link to other websites you should read their own privacy policies

Changes to our privacy policy

We keep our privacy policy under regular review and we will place any changes on our website cc23.codewithfeeling.com.  This privacy policy was last updated on 25 May 2018.

How to contact us

By e-mail: dataprotection@cc23.codewithfeeling.com

Or write to Calculus Capital Limited, 12 Conduit Street, London, W1S 2XH