We know that you are concerned with how your personal information and financial information is dealt with. This privacy notice sets out current policies for HICL Infrastructure PLC (the “Company”, “we“, “us“, and “our“) and demonstrates our commitment to your privacy. We may change the content or services found on our Site, and will notify you if there are any material changes to this notice.
The Company collects personal data from prospective and actual clients and investors (including individuals affiliated to corporate clients and investors), business partners and intermediaries (each a “Relevant Person“) for the purposes of entering into a contract or a service agreement or managing a relationship under a contract or service agreement and/or to meet certain legal requirements, and also collects personal data when individuals visit websites which provide a link to this notice.
Your personal information may be provided to the Company directly by you or by third parties on your behalf. The Company will act as a data controller in respect of such personal data.
Your personal data may also be collected and processed by us as a result of your professional or family connection with a Relevant Person.
As the Company is incorporated in England and Wales, the Company is obliged to comply with the provisions of their data protection laws.
This Privacy Notice should be read in conjunction with the Company’s website terms and conditions.
Privacy and personal data protection principles vary from one country to another. When you access or link to a HICL website from a third party site, please read the applicable privacy notice or agreements (Terms and Conditions) issued by the other websites to determine the policies that apply to information or data maintained by that website.
1. Personal data we collect:
1.1. The personal data we collect about you comprises the following categories:
1.1.1. information related to identification (including name, signature, nationality, place and date of birth, passport number, residential address, email address and other contact details);
1.1.2. correspondence records;
1.1.3. tax status and tax identification numbers;
1.1.4. bank account details;
1.1.5. where necessary, information regarding your investment activity; and
1.1.6. information related to anti-money laundering and Know Your Customer checks (i.e. the results of those checks)
1.1.7. where you access our website, information regarding your use of the website described in paragraph 7.
1.2. We primarily collect your personal data from the following sources:
1.2.1. from information which you or your authorised representative gives to us, including:
(a) information set out in any application to act or by virtue of you acting as a Relevant Person;
(b) other forms and documents that we request that are completed in relation to you acting as a Relevant Person, including but not limited to subscription documents;
(c) any documentation that we obtain as part of complying with our regulatory requirements; and
(d) any personal data provided by you or your authorised representative by way of correspondence with us by phone, e-mail or otherwise;
1.2.2. third party sources which include:
(a) entities in which you or someone connected to you has an interest;
(b) your legal and/or financial advisors;
(c) your relatives, trustees or personal representatives;
(d) other financial institutions who hold and process your personal data to satisfy their own regulatory requirements;
(e) credit reference agencies and financial crime databases for the purposes of complying with our regulatory requirements; and
(f) information collected via our website (including cookies and IP addresses) and emails.
1.3. 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.
2. Why we collect your personal data:
2.1. We process your personal data for the following purposes
2.1.1. to verify the identity of prospective investors, to ensure we comply with statutory and regulatory requirements in relation to anti-money laundering, anti-terrorist financing procedures, credit reference checks, and to verify that prospective investors meet our requirements for investment;
2.1.2. to contact prospective investors with information about other products and services provided by the Investment Manager, or its affiliates, which may be of interest to the prospective investor, with the consent of that investor where required by law;
2.1.3. to process investments and provide you with services under any contract we have with you or that you request, including contacting you about your investments where necessary;
2.1.4. to monitor and record telephone and electronic communications and transactions:
(a) for quality, business analysis, training and related purposes in order to improve service delivery;
(b) for investigation and fraud prevention purposes, for crime detection, prevention, investigation and prosecution of any unlawful act (or omission to act); and
(c) to enforce or defend the Company’s rights, or through third parties to whom we may delegate such responsibilities or rights in order to comply with a legal or regulatory obligations imposed on us;
2.1.5. to detect and prevent crime such as fraud, money laundering, terrorist financing, bribery, corruption, tax evasion and to prevent the provision of financial and other services to persons who may be subject to economic or trade sanction on an ongoing basis (“Regulatory Assessments“). In discharging our anti-money laundering obligations we may, in certain circumstances, collect, store and process special categories of data such as information regarding criminal convictions;
2.1.6. to facilitate the internal administration of the Company and any third parties with which we share personal data and retaining your personal data as part of our Regulatory Assessments or providing services to you;
2.1.7. to liaise with or report to any regulatory authority (including tax authorities) with whom the Company is either required to cooperate or report to, or with whom it decides or deems appropriate to cooperate, in relation to an investment, and which has jurisdiction over the Company or its investments in a third country without the same or similar data protection laws as the UK or any EU member state;
2.1.8. to disclose your personal data to any bank, financial institution or other third party lender providing any form of facility, loan, finance or other form of credit or guarantee to the Company;
2.1.9. to communicate with our professional advisers for the purposes of obtaining professional advice; and
2.1.10. to conduct business analytics and diagnostics.
2.2. We will only use your personal information for the purposes for which we collected it unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we process your personal information without your knowledge or consent, in compliance with the above rules, where required or permitted by law.
2.3. To the extent that such personal data contains special category data such as, for example: data relating to racial or ethnic origin, political opinion, religious or philosophical belief, trade union membership or criminal data then the processing of such data shall solely be for the purpose of complying with any duty imposed on the Company by an enactment including, but not limited to, legislation and regulatory obligations relating to Anti-Money Laundering and Combatting the Financing of Terrorism and all other related legislation.
2.4. The Company will not make decisions about you based on automated processing of your personal data.
2.5. We are required to have a lawful ground for our processing of your personal data. We process your personal data for the purposes described above on the basis of one of the following lawful grounds:
2.5.1. the processing is necessary for our legitimate interests, provided your interests and fundamental rights do not override those interests. Where we rely on this lawful basis you have the right to object to such processing using the contact details set out below;
2.5.2. the processing is necessary for us to comply with our contractual duties to you under the terms of any contract which we have with you;
2.5.3. to comply with our legal and regulatory obligations;
2.5.4. where we have obtained your consent, which we will request in compliance with applicable data protection laws; and
2.5.5. (on rare occasions) where it is needed in the public interest.
3. Inaccurate or Amended Information
3.1. Please let us know if any of your personal data (including correspondence details) changes as soon as possible.
3.2. Failure to provide information where the same is required for anti-money laundering, pursuant to automatic exchange of information agreements, or other legal requirements may mean that any payment due to you cannot be processed or that services cannot be provided to you.
4. Sharing personal data
4.1. The Company shares your personal data with group companies and third parties that provide us with services (including banks, financial institution or other third party lenders, IT service providers, auditors and legal professionals) under the terms of any appropriate delegation or contractual arrangement.
4.2. In particular, the Company will share personal data of actual or potential investors with the Investment Manager, the Registrar and the Administrator of our investment funds. The name and contact details of these entities is set out on the ‘Contact Us’ page. These third parties will process personal data in accordance with this privacy notice.
4.3. The Company also shares personal data of actual or potential investors with credit reference agencies and financial crime databases for the purposes of complying with our regulatory requirements.
4.4. Data processing (as described above) is undertaken by entities in the United Kingdom or the European Economic Area (the “EEA“), or entities which are located outside the United Kingdom or the EEA in a jurisdiction which is not deemed in general to provide an adequate level of protection for your personal information. However, to ensure that your personal data receives an adequate level of protection we will put in place binding legal contracts requiring third parties in such jurisdictions to protect your personal data in such a way that is considered by supervisory authorities to provide an adequate level of protection. For more information on these contracts, or to see a copy, please contact us using the details set out below.
5. Retention of personal data
5.1. Your personal data will be retained for the longest of the following periods:
5.1.1. for the Company and any authorised third parties to carry out the Purposes for which the data was collected or as long as is set out in any relevant agreement you enter into with us;
5.1.2. in order to establish or defend legal rights or obligations or to satisfy any reporting or accounting obligations;
5.1.3. seven years following the point from when your relationship with the Company has ceased; or
5.1.4. any retention period that is required by data protection laws and any applicable laws or regulatory requirements.
5.2. We take steps to require all third parties with access to your personal data, to store such data securely on computer systems and/or manually in accordance with accepted market standards.
6. Your rights
6.1. You have, under certain circumstances, the following rights in respect of personal data:
6.1.1. the right to access and, in respect of certain personal data ‘port’ personal data;
6.1.2. the right to rectify personal data;
6.1.3. the right to restrict the use of personal data;
6.1.4. the right to request that personal data is erased;
6.1.5. the right to object to processing of personal data; and
6.1.6. where the Company has relied on consent to process the personal data, the right to withdraw consent at any time by contacting us via the contact details below.
6.2. You may make a complaint to the Information Commissioner’s Office or the data protection regulator in the country where you usually live or work or where an alleged infringement of the General Data Protection Regulation has taken place. Alternatively, you may seek a remedy through the courts if you believe your rights have been infringed.
6.3. In limited circumstances we may approach you for your written consent to allow us to process certain particularly sensitive data or to use data for another purpose. Where you may have provided your consent to the collection, processing and transfer of your personal data for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact us at the contact details below. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
7. Information we collect about you when you use our website and what we do with it
7.1. In addition to the collection and processing of personal data described above, The Company collects information about you each time you come to any part of the Company’s website. We collect information about the time, date, duration and your usage of the Company’s website.
7.2. The Company uses statistics about the use of the website so that we can continually improve it and improve our customer service.
7.3. The Company works with third parties to research certain usage and activities on our website on our behalf. In the course of conducting this research these third parties may place a unique ‘cookie’ on your browser.
7.4.2. We use two types of cookie on this Site:
(a) Session cookies, which are temporary cookies that remain in the cookie file of your computer until you close your browser (at which point they are deleted).
(b) Persistent or stored cookies that remain on your computer for a longer period.
7.4.4. Cookies may be used to record details of particular pages that you have visited on this Site. This is to provide us with generic usage statistics to allow us to improve our Site We use Google Analytics a free metrics tool to measure a wide range of site metrics, like visits to the site, you can find out more about Google analytics cookies here. http://code.google.com/apis/analytics/docs/concepts/gaConceptsCookies.html.
7.4.6. How to manage Cookies:
(a) The web browsers of most computers are initially set up to accept cookies.
(b) You can choose not to accept certain cookies by turning this feature off within your browser settings.
(c) If you prefer, you can set your web browser to disable cookies or to inform you when a website is attempting to add a cookie.
(d) You can also delete cookies that have previously been added to your computer’s cookie file.
(e) You can set your browser to disable persistent cookies and/or session cookies but if you disable session cookies, although you will be able to view this Site’s unsecured pages, you may not be able to log onto any authenticated pages.
7.4.5. This Site may contain electronic images, known as web beacons or spotlight tags. These enable us to count users who have visited certain pages on the website. Web beacons and spotlight tags are simply tools used to obtain generic information about the web pages visited. They are not used to obtain information about specific users.
8. Your Queries and how to contact us
8.1. If you have any queries regarding privacy issues, then please write to us at Aztec Financial Services (UK) Limited, Forum 3, Solent Business Park, Parkway South, Whiteley, Fareham PO15 7FHT.
8.2. This Privacy Notice is dated 29 March 2019.