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1.2 In this Policy:
“Data Protection Legislation” means the EU General Data Protection Regulation 2016/679; together with all other applicable legislation relating to privacy or data protection; and where we use the terms “personal data”, “data subject”, “controller”, “processor” and “process” (and its derivatives), such terms shall have the meanings given to them in the Data Protection Legislation.
1.3 Using your Information
1.3.1 We may collect and process information relating to you, your Personnel or other relevant individuals, in order to provide our services to you. We shall process any information we collect in accordance with Data Protection Legislation and the provisions of this Policy.
1.3.2 Before providing us with any information you are responsible for ensuring that your Personnel or other relevant individuals are aware of this Policy and the provisions of such Policy are clearly communicated to them.
1.4 Your Information
1.4.1 This “information” includes personal data, which means information that can be used to identify a natural person, including (but not limited to) the following types of personal information:
(a) contact information, such as an individual’s home or work address and contact details (including mobile telephone number);
(b) date of birth, marital/civil partnership status, details of dependents and next of kin;
(c) employment status;
(d) information about an individual’s professional qualifications;
(e) pay records, bank account details, national insurance number and tax details;
(f) copies of your passport or any similar documents used to verify your identity and for other client due diligence checks;
(g) information recorded on any forms you submit, such as subscription forms, including investor category, tax residence, status and assets held for reporting purposes under FATCA, CRS and similar requirements;
(h) other information about an individual that you or the relevant individual disclose(s) to us when communicating with us;
(i) details of any complaints or concerns raised by you or a relevant individual;
(j) information we obtain from the goods and services we provide you with, which may include the way you use and manage any investments you have with us, such as the date, amount and currency of any payments which are made to or from our funds, any transactions you make and any art works you own;
(k) information we collect when you, your Personnel or other relevant individuals communicate with us, or when you apply for our products or services, or any other time you or they contact us; and
(l) information we obtain from third parties, such as information that we obtain when verifying details supplied by you. This information obtained from other third party organisations or people may include other companies related to the Group, employers, clients, advisers, credit reference agencies, employers, fraud prevention and compliance check agencies or other similar organisations.
1.4.2 We do not anticipate processing any special categories of personal data about you, your Personnel or other relevant individuals (such as information about racial or ethnic origin, criminal or alleged criminal offences or health and lifestyle).
1.4.3 If you fail to provide us with the information set out in 1.4.1 above, or you, your Personnel or other relevant individuals object to us processing such information (see Section 4 for more information about your rights in relation to your information) the consequences are that we may be prevented from conducting business with you, or continuing to manage any investments or services you hold with us, and we may be unable to provide our services to you.
1.5 Our Use of Your Information
1.5.1 We may collect, record and use information about you, your Personnel and other relevant individuals, and the business you conduct with us in physical and electronic form and will hold, use and otherwise process the data in accordance with the Data Protection Legislation and as set out in this Policy. This may include sharing this information with third parties and transferring it abroad. More information about sharing and transferring such information is set out below.
1.5.2 We and other companies related to the Group may process any information we hold about you, your Personnel and other relevant individuals for a number of business purposes. Such uses of this information are set out below. You are responsible for ensuring that any Personnel and other relevant individuals are aware of such uses of their information:
(a) to provide any service to you or to administer and operate any investments, loans or client account(s) you may have with us;
(b) to monitor and analyse your dealings with or through us;
(c) to administer the performance of the investment vehicles of certain members of the Group;
(d) to enable us to carry out statistical and other analysis and to meet our legal or regulatory obligations;
(e) for our reasonable commercial purposes (including quality control and administration, assisting us to develop new and improved products and services, and administering goods and services provided to us);
(f) to confirm your or their identity and carry out background checks, including as part of our checks in relation to anti-money laundering, compliance screening and to prevent fraud and other crimes;
(g) to follow up with you or them after you request information to see if we can provide any further assistance;
(h) to comply with any regulatory or legal requirement on us;
(i) to fulfil our obligations under any reporting agreement entered into with any tax authority or revenue service(s) from time to time;
(j) to check your instructions to us;
(k) to monitor and analyse any communications between you or a third party and us, to analyse, assess and improve our services to you, as well as for training and quality purposes;
(l) to prevent or detect abuse of our services or any of our rights (and attempts to do so), and to enforce or apply our terms with you and/or any other agreement and to protect our (or others’) property or rights;
(m) to share information with relevant third parties in the context of a sale or potential sale of all or part of our business, subject always to confidentiality obligations;
(n) if instructed to do so by you, your Personnel or other relevant individuals or where you or they give us your consent to the use and/or processing involved;
(o) to bring to your or their attention (in person or by post, email or telephone) information about additional services offered by us and/or our affiliates, which may be of interest to you, your Personnel or other relevant individuals, unless you or they indicate at any time that you, your Personnel or other relevant individuals do not wish us to do so; and
(p) to improve the relevance of marketing messages we may send you, your Personnel or other relevant individuals (which you can opt out of as explained below).
1.6 Lawful Grounds For Using Your Information
1.6.1 We have described the purposes for which we may use information about you, your Personnel or other relevant individuals. We are permitted to process such information in this way, in compliance with the Data Protection Legislation, by relying on one or more of the following lawful grounds:
(a) you or they have explicitly agreed to us processing such information for a specific reason;
(b) the processing is necessary to perform the agreement we have with you or them or to take steps to enter into an agreement with you or them;
(c) the processing is necessary for compliance with a legal obligation we have; or
(d) the processing is necessary for the purposes of a legitimate interest pursued by us, which might be:
(i) to ensure that our services (including any investments, loans or client accounts) are well-managed;
(ii) to prevent fraud;
(iii) to protect our business interests;
(iv) to ensure that complaints are investigated;
(v) to evaluate, develop or improve our products and services; or
(vi) to keep our clients informed about relevant products and services, unless you have indicated at any time that you do not wish us to do so.
1.6.2 In relation to any processing of special categories of personal data, we will generally rely on obtaining specific consent in order to process such information, although it may be necessary for us to use certain information in order to comply with our legal obligations. Where you, your Personnel or other relevant individuals have consented to our processing of such information (including special categories of personal data) you or they may withdraw such consent at any time, by contacting us using the contact details in Section 7 below. Please note, however, that in certain circumstances it may be still lawful for us to continue processing this information even where consent has been withdrawn, if one of the other legal bases described above is applicable.
1.7 Automated decision-making and profiling
When we use personal data about you, your Personnel or other relevant individuals, we do not carry out automated decision-making or profiling.
2 Information sharing
2.1 Sharing Your Information With Others
2.1.1 We keep all client information confidential. However, in order to be able to service our clients’ needs to the best of our ability, we may share any information you provide to us with other companies related to the Group or to our or our affiliates’ agents, counterparties and support service or data providers, wherever located. If you, your Personnel or other relevant individuals have provided information to other companies related to the Group, those entities may also share that information with us. We will ensure that if we share such information with third parties, any such disclosure is at all times in compliance with Data Protection Legislation.
2.1.2 The recipients, or categories of recipients, of your information, or information relating to your Personnel or other relevant individuals, may be:
(a) fund Administrators or transfer agents;
(b) bankers in relation to us, the funds we administer or advise, or our clients;
(c) any revenue service or tax authority including to HMRC, if obliged to do so under applicable regulations.
(d) your advisers (including, but not limited to, accountants, lawyers or other professional advisers) where authorised to do so by you;
(e) UK and overseas regulators and authorities in connection with their duties (such as crime prevention);
(f) fraud prevention agencies who will use it to prevent fraud and money-laundering and to verify your identity. We and fraud prevention agencies may also enable law enforcement agencies to access and use your information to detect, investigate and prevent crime;
(g) anyone to whom we may transfer our rights and/or obligations under our terms of business; and
(h) any other person or organisation after a restructure, sale or acquisition of any company related to the Group, as long as that person uses your information for the same purposes as it was originally given to us or used by us (or both).
2.1.3 If we, or a fraud prevention agency, determine that you, your Personnel or other relevant individuals pose a fraud or money laundering risk:
(a) we may refuse to provide the services or finance you have requested, or we may stop providing existing services to you; and
(b) a record of any fraud or money laundering risk will be retained by the fraud prevention agencies, and may result in others refusing to provide services, financing or employment to you or them.
2.2 Sharing Third Party Information With Us
If any information which you, your Personnel or other relevant individuals provide to us relates to any third party, by providing us with such information you or they confirm that you or they have obtained any necessary permissions from such persons to the reasonable use of their information in accordance with this Policy, or are otherwise permitted to give us this information on their behalf.
3 Transferring Your Information Outside The UK
3.1 Information about you, your Personnel or other relevant individuals in our possession may be transferred to other countries (which may include countries outside the European Economic Area) for any of the purposes described in this Policy, including our transmission of such information to our affiliates, advisers, administrators, service providers and agents outside the European Economic Area. If any such information (including special categories of personal data) belongs to your Personnel or relevant individuals other than you, by providing us with such information you confirm that you have obtained any necessary permissions from such persons to the reasonable use of their information for such purposes in accordance with the following provisions, or are otherwise permitted to give us this information on their behalf.
3.2 You and they understand and accept that these countries may have differing (and potentially less stringent) laws relating to the degree of confidentiality afforded to the information it holds and that such information can become subject to the laws and disclosure requirements of such countries, including disclosure to governmental bodies, regulatory agencies and private persons, as a result of applicable governmental or regulatory inquiry, court order or other similar process. In addition, a number of countries have agreements with other countries providing for exchange of information for law enforcement, tax and other purposes.
3.3 When we, or our permitted third parties, transfer information outside the European Economic Area, we or they will impose contractual obligations on the recipients of that data to protect such information to the standard required in the European Economic Area. We or they may require the recipient to subscribe to international frameworks intended to enable secure data sharing. In the case of transfers by us, we may also transfer your information where:
3.3.1 the transfer is to a country deemed to provide adequate protection of your information by the European Commission; or
3.3.2 you, your Personnel and other relevant individuals have consented to the transfer.
3.4 If we transfer your information outside the European Economic Area in other circumstances (for example because we have to provide such information by law), we will use best endeavours to put in place appropriate safeguards to ensure that your information remains adequately protected.
4 Your Rights In Relation To Your Information
4.1 General Rights
4.1.1 You, your Personnel and other relevant individuals have a number of rights concerning the way that we use your information. You are responsible for ensuring that your Personnel and other relevant individuals are aware of these rights. At any time, such individuals shall have the right:
(a) to be informed about the processing of their personal data (i.e. for what purposes, what types, to what recipients it is disclosed, storage periods, any third party sources from which it was obtained, confirmation of whether we undertake automated decision-making, including profiling, and the logic, significance and envisaged consequences);
(b) to request access to, or a copy of, any personal data we hold about them;
(c) to request the rectification of their personal data, if they consider that it is inaccurate;
(d) to request the erasure of their personal data, if they consider that we do not have the right to hold it;
(e) to object to their personal data being processed for a particular purpose or to request that we stop using their information;
(f) where applicable, to request not to be subject to a decision based on automated processing and to have safeguards put in place if they are being profiled based on their personal data;
(g) to ask us to transfer a copy of their personal data to themselves or to another service provider or third party where technically feasible and otherwise required by applicable regulations;
(h) to withdraw, at any time, any consent that they have previously given to us for our use of their personal data; or
(i) to ask us to stop or start sending them marketing messages at any time.
4.2 Access to Your Information
4.2.1 You, your Personnel and other relevant individuals may have a right of access to some, or all, of the information we hold about you or them, or to have any inaccurate information corrected, under the Data Protection Legislation. Any request for access to or a copy of your personal data must be in writing and we will endeavour to respond within a reasonable period and in any event within one month in compliance with Data Protection Legislation. We will comply with our legal obligations as regards any individual’s rights as a data subject.
4.2.2 We aim to ensure that the information we hold about you, your Personnel or other relevant individuals is accurate at all times. To assist us in ensuring that such information is up to date, please let us know if the personal details of you, your Personnel or other relevant individuals change by contacting us using the contact details in section 7. We will correct any incorrect or incomplete information and will stop processing personal data, or erase it, where there is no legal reason for us to continue to hold or use that information.
5 Retaining Your Information
5.1 We will only keep the information we collect about you, your Personnel and other relevant individuals on our systems or with third parties for as long as required for the purposes set out above or as required to comply with any legal obligations to which we are subject. This will involve us regularly reviewing our files to check that information is accurate and up-to-date and still required.
5.2 If you cease to use our services or otherwise end your relationship with us, or you decide not to go ahead with receiving our services or dealing with us, we may still keep your information.
5.3 We will normally destroy or erase data 7 years from the end of our relationship with you or as required by any applicable legal, tax or accounting regulations or other requirements. However, we may retain your information, or information relating to your Personnel and other relevant individuals after you cease to deal with us for longer than this, provided it is necessary for a legal, regulatory, fraud prevention or other legitimate business purpose. Note that, for investment funds or companies, we may retain your personal data for the lifetime of the relevant entity, in accordance with its business purpose.
6 Sending You Marketing Information
6.1 We and other companies related to the Group may use your information from time to time to inform you, your Personnel or other relevant individuals by letter, telephone, text (or similar) messages, email or other electronic means, about similar products and services to those you may have received from us which may be of interest to you or them. You are responsible for ensuring that those individuals are aware that we may use their information for marketing purposes to inform them about services which may be of interest to them.
6.2 You, your Personnel or other relevant individuals may, at any time, request that we cease or do not send such information by one, some or all channels, by contacting us using the contact details in Section 7.
7 Contacting Us
7.1 If you or any of your Personnel or other relevant individuals wish to exercise any of the rights relating to your information set out above, or if you have any questions or comments about data protection, or you wish to raise a complaint about how we are using your information you can contact us using the following details, or any other details notified to you from time to time:
7.1.1 The Fine Art Group Limited, Fine Art Management Services Limited, Fine Art Investment & Research Limited: Write to our head office at 17 Hill Street, London W1J 5LJ or email@example.com.
7.1.2 Fine Art Management Limited, Fine Art Management Enterprises Limited, Fine Art Partner Services Limited: Write to the Corporate Administrator at 9 Burrard Street, St Helier, Jersey JE4 5UE or firstname.lastname@example.org.
7.1.3 Fine Art Investments LLC. The Fine Art Fund L.P., The Fine Art Fund II L.P., The Fine Art Fund III L.P., Fine Art Management Jersey Limited, FAGF II L.P.: Write to the corporate administrator at 28 Esplanade, St Helier, Jersey JE4 2QP, Channel Islands or email@example.com.
7.1.4 Fine Art Management Luxembourg S.A., Fine Art Luxembourg SarL, The Fine Art Fund SCA Sicav Sif: Write to the registered office at 68-70, Boulevard de la Petrusse, Luxembourg L-2320 R.C.S. Luxembourg B 179337 or firstname.lastname@example.org
7.1.5 Fine Art Financial Services Limited: Write to the registered office at Willow House, Cricket Square, Grand Cayman KY1-1001, Cayman Islands or email@example.com
7.1.6 Call +44 (0)20 7478 2070. Please note calls may be recorded or monitored for training purposes.
7.2 If you, your Personnel or other relevant individuals have any concerns about our use of your or their information, you and they also have the right to make a complaint to the Information Commissioner’s Office, which regulates and supervises the use of personal data in the UK, via their helpline on 0303 123 1113.
7.3 We may make changes to this Policy and how we use your information in the future. If we do this, we’ll post an updated version of this Policy on our website. You can find the current version of this Policy, which explains how we’ll use your information, by visiting our website at www.fineartgroup.com
The Fine Art Group Limited
Registered in England No. 4311999 | 35 Cremorne Road, London SW10 0NB