Cluny Capital

Privacy Notice

Cluny Capital Limited (“Cluny”) is authorized and regulated by the Financial Conduct Authority and is incorporated in England and Wales with its registered office at Belgrave House,39-43 Monument Hill, Weybridge, Surrey KT13 8RN England. Its company number is 07331340.

Cluny provides marketing and business development services to investment management firms, and is engaged to liaise with prospective and current investors on their behalf. References to “Client” are references to those investment management firms who have retained Cluny’s services.

References to “Cluny”, “we”, “us” and “our” are references to Cluny Capital Ltd.

About this privacy notice

We are a data controller in respect of your personal data for the purposes of data protection law, such as the European Union’s General Data Protection Regulation. We are responsible for ensuring that we use your personal data in compliance with data protection law.

This privacy notice applies to you if (i) you are a client or prospective client of any Client (including an investor or prospective investor in a vehicle or entity managed by the Client), (ii) your personal data has been provided to us in connection with any of the foregoing by another person (such as where you are a director, partner, trustee, employee, agent or direct or indirect owner of such person); or (iii) you otherwise enter into communications with us by email or other means.

This privacy notice sets out the basis on which personal data about you that you provide to us, that we create about you or that we obtain about you from other sources, will be processed by us. Please take the time to read and understand this privacy notice.

Personal data that we might use

We might process the following personal data about you:

  1. Information provided to Cluny, (or its Client or its administrator) by you or (if different) the applicant for interests in a fund managed by the Client. This might include your name and address, contact details, occupational history, and/or job title. Such information might be provided in an application form or in other documents (as part of an application process or at other times), face-to-face, by telephone, by email or otherwise.
  2. Information that Cluny collects or generates: This might include information relating to your (or an applicant’s) investment in a fund managed by the Client, emails (and related data), and call recordings.
  3. Information that Cluny obtains from other sources: This might include information obtained for the purpose of our know-your-client procedures (which include anti-money laundering procedures, counter-terrorist financing procedures, politically-exposed-person checks, sanctions checks, among other things), information from government or public bodies, public websites and other public sources and information received from the applicant’s advisers or from intermediaries.

Uses of your personal data

We collect your personal information to fulfil our contractual obligations, our statutory and regulatory obligations and/or the legitimate business interests of Cluny or its Client, to provide services to the Client, and for other purposes for which Cluny has a lawful basis under the privacy laws, including:

  1. Compliance with legal and regulatory obligations and industry standards, including know-your-client procedures.
  2. General business administration, including communicating with investors, communicating with service providers and counterparties, accountancy and audit services, risk monitoring, the administration of IT systems and monitoring and improving products.
  3. Assessing and processing applications for interests in any fund managed by the Client and other dealings with Cluny, including performing know-your-client procedures, issuing and redeeming interests, receiving payments from and making payments to the applicant, and overseeing these processes.
  4. Business activities, such as investor relations, discussions with a Client’s service providers and counterparties, decision-making in relation to Cluny’s business strategy, development and marketing.

We are entitled to process your personal data in these ways for the following reasons:

  1. You may enter into an investment contract with a Client and some processing will be necessary for the performance of that contract, or will be done at your request prior to entering into that contract.
  2. Processing may be necessary to discharge a relevant legal or regulatory obligation.
  3. The processing is necessary for the legitimate business interests of Cluny, its Client or its administrator or another person, such as:
    1. carrying out the ordinary or reasonable business activities of Cluny, the Client or its administrator or other persons, or other activities previously disclosed to you or referred to in this privacy notice;
    2. ensuring compliance with all legal and regulatory obligations and industry standards, and preventing fraud;
    3. establishing, exercising or defending legal rights or for other purposes relating to legal proceedings; and
    4. ensuring the security of information systems.

Disclosure of your personal data to third parties

We may from time to time, in accordance with the purposes described above, disclose your personal data to other parties, including (a) a Client, (b), the administrator of any fund managed by the Client (c) professional advisers such as law firms and accountancy firms, (d) other service providers of Cluny and/or of the Client including technology service providers, (e) counterparties and (f) courts and regulatory, tax and governmental authorities. Some of these persons will process your personal data in accordance with our instructions and others will themselves be responsible for their use of your personal data. These persons may be permitted to further disclose the personal data to other parties.

Transfers of your personal data outside the European Economic Area

Should any personal data be transferred out of the EU, Cluny will obtain assurance that the transferee will adhere to the same standards as set out in this Policy.

Retention of personal data

How long we hold your personal data for will vary. The retention period will be determined by various criteria, including the purposes for which we are using it (as it will need to be kept for as long as is necessary for any of those purposes) and legal obligations (as laws or regulations may set a minimum period for which we have to keep your personal data).

Storage of your personal data

Data is stored either electronically, or in rare cases, in paper form. Electronic records are stored on Microsoft Azure cloud, accessed by one user only, and require 2 passwords to access. Paper data is stored in secure offices.

Your rights

You have a number of legal rights in relation to the personal data that we hold about you. These rights include the following:

  1. The right to obtain information regarding the processing of your personal data and to access the personal data that we hold about you.
  2. The right to receive some personal data in a structured, commonly used and machine-readable format and the right to request that we transmit that data to a third party where this is technically feasible.
  3. The right to request that we rectify your personal data if it is inaccurate or incomplete.
  4. The right to request that we erase your personal data. The right to object to, and the right to request that we restrict, our processing of your personal data.
  5. The right to lodge a complaint with the data protection regulator (details of which are provided below) if you think that any of your rights have been infringed by us.

You can exercise your rights by contacting us using the details set out under “Contacting us” below. You can find out more information about your rights by contacting an EU data regulator such as the UK’s Information Commissioner’s Office, or by searching its website at ico.org.uk.

Contacting us

If you would like further information on the collection, use, disclosure, transfer or processing of your personal data or the exercise of any of the rights listed above, please address questions and requests to Cluny Capital Limited at info@clunycapital.com or T: +44 (0)203 440 5035.