WEBSITE
PRIVACY NOTICE
This Privacy Notice is issued by Vane-Tempest Private Office LLP (“VTPO”) and Vane-Tempest Management Limited (“VTML”) on behalf of themselves their affiliates and any independent special-purpose vehicles established by them or on their behalves for the purpose of acquiring and developing property.
VTPO and VTML (together the “VT
Entities”, “we”, “us”, “our”) are both data controllers and are each individually registered
with the Information Commissioner’s Office (“ICO“) as follows:
This means that we collect, hold and are responsible for certain
personal data.
VTPO and VTML are both providers of property management advisory
services (as indicated in Appendix 1) and VTML also acts as a property
development manager for various property projects. The VT Entities work with
other select family offices and high net worth professional investors (together
“investors”) to provide syndicated
investment solutions for property projects.
This Privacy Notice, which applies to all VT Entities, is intended to
provide a comprehensive overview of our data protection compliance and our
collective approach to protecting and respecting your privacy and the integrity
of your personal data.
Questions,
comments and requests regarding this Privacy Notice should be addressed to our
Compliance Manager as follows:
By post
at: Vane-Tempest Private Office LLP,
7-10 Chandos Street, London, W1G 9DQ;
By
email at: admin@vane-tempest.com; and
By telephone: +44 (0) 20 7183 5910
Please
quote “data protection” in the
subject line of any correspondence or when telephoning.
This
Privacy Notice is provided in a layered format so you can click through to the
specific areas set out below.
INDEX
INTRODUCTION
HOW TO CONTACT US
1 What is the purpose of this Privacy Notice?
2 Who does this Privacy Notice apply to?
3 Third party links
YOUR PERSONAL DATA
4 What types of personal data will we collect from you?
5 How is your personal data collected?
6 On what basis do we process your data?
7 Change of purpose
8 Marketing communications
DATA SHARING
9 Who do we share your personal data with?
10 Information we collect about you from others
11 International transfers
12 Information collected from you about others
YOUR DATA PROTECTION RIGHTS
13 What are your rights in connection with the data that we hold?
14 How can you exercise your rights?
CHANGES TO OUR PRIVACY NOTICE
COMPLAINTS
Appendix 1 – Data Processing
1. What is the purpose of this Privacy Notice?
1.1 This Privacy Notice sets out the basis on which any personal data we collect about you, or that you provide to us, will be processed by us and informs you of your privacy rights and how the law protects you.
1.2 It is important that you read this Privacy Notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This Privacy Notice supplements the other policies and notices and is not intended to override them.
2. Who does this Privacy Notice apply to?
2.1 This Privacy Notice applies to all data subjects whose personal information we collect and use to include users of this website, our clients, prospective clients, investors, prospective investors, personnel of corporate clients and investors, other recipients of our services, contractors, business contacts, consultants, agents, introducers, other professionals, suppliers and service providers.
2.2 This website and the services that we provide are not intended for children and we do not knowingly collect data relating to children.
3. Third party links
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website that you visit.
4. YOUR PERSONAL DATA
4.1 Personal data means any information about a living individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
4.2 We may collect personal data from you in the course of our business, including through your use of our website, when you: (i) contact or request information from us (ii) when you engage us to provide you with our services; (iii) when you invest in our projects; and/or (iv) when you otherwise enter into a contract with us.
4.3 The types of personal data we may collect from you will depend on the nature of our relationship with you, the work that we are carrying out for you and the context in which we obtain and use it. We have grouped together and summarised the types of personal data that we may collect from you (which is not exhaustive) as follows:
| Type of data | Description and examples |
| Identity Data | data used to personally identify you such as your full name (including name prefix or title) or similar identifier, date of birth, title, maiden name, passport number and/or driving licence number. |
| Contact Data | data required to communicate with you during the course of our relationship with you to include address(es), email address(es), telephone number(s) and mobile phone number(s) – this may include both your business/work and personal contact details. |
| Professional Data | data that relates to your position and profession such as job title, professional qualifications and experience, regulatory body, the entity that you work for and details of your professional online presence (LinkedIn profile and business website). |
| Financial Data | data necessary for processing payments (such as bank account details and billing address), fraud prevention and other related billing information. |
| Project Data | in addition to the data listed above, if you have engaged us to provide property management advisory services, data provided to us by you or on your behalf or generated by us in the course of providing services to you, which will include details about any contract you have with us, information relating to the project that we are dealing with and/or your communication preferences. The data that you provide to us will vary depending on the scope of work and the nature of the project that we are dealing with. |
| Shareholder/Investor Data | in addition to the data listed above, if you are investing (or have invested) in one of our projects, data provided by you in relation to your investment including the amount of your investment, the terms of the investment, the source of funds, and investor status confirmations/notifications. |
| Sensitive Data | (also known as “special category data”) may be required depending on the service we are providing and/or the relevant circumstances (see paragraph 6.4) but may include: health and medical information (including dietary requirements and details of any disability or impairment);information regarding your membership of a professional trade association or union;information regarding your racial and/or ethnic origin; information regarding political opinions; information regarding sex life and sexual orientation; and/or information regarding religious and philosophical beliefs. |
|
Usage Data |
information about how you use our services. |
5. How is your personal data collected?
5.1 We collect personal data for a variety of reasons and through different media to include:
5.1.1 if you are our client, when you enter into a contract with us to enable us to carry out property management and/or advisory services for you or an entity that you are involved in;
5.1.2 if you are an investor, when you make an equity investment in a special purpose vehicle and/or enquire about our projects;
5.1.3 if you are one of our suppliers, when we enter into a contract for the supply of your goods and/or services to ensure that the contractual arrangements between us can be properly implemented and performed;
5.1.4 if you make a complaint against us to enable us to deal with that complaint via our complaints process.
5.2 We collect personal data via a variety of different sources including:
5.2.1 your use of this website, including when you email us with an enquiry;
5.2.2 from our clients, investors, professional adviser, and electronic identity check providers as part of our business acceptance processes;
5.2.3 direct from a third party such as from your employees, colleagues or other parties (for example, your professional advisors) involved in a project that we are dealing with and/or an investment that you are making; and/or
5.2.4 publicly accessible sources such as Companies House.
6. On what basis do we process your data?
6.1 We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
6.1.1 if it is necessary for our performance of a contract with you, or for us to take steps prior to entering into a contract with you;
6.1.2 if it is necessary for the purposes of our legitimate interests (or those of a third party), and your interests and fundamental rights do not override those interests. To determine this we make sure that we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted by law); and/or
6.1.3 where we need to comply with a legal obligation.
6.2 We may also issue you with a separate privacy notice giving more detail as to how the data you provide (and/or we obtain) may be processed.
6.3 Generally we do not rely on consent as a legal basis for processing your personal data. If your consent is required, we will notify you separately and if you provide your consent, you will be able to withdraw it at any time by contacting us.
6.4 We do not seek to collect or otherwise process Sensitive Data, other than in the following limited circumstances:
6.4.1 from identity documents that you provide to us and checks that we carry out in accordance with anti-money laundering requirements;
6.4.2 the processing is necessary for the detection and prevention of crime (including fraud prevention) to the extent permitted by applicable law;
6.4.3 making arrangements for you to attend a meeting and ensuring accessibility and catering for your dietary requirements.
6.5 We may obtain personal data even if you are not directly our client or an investor in the course of our business activities. For example, you may be a trustee or beneficiary of one of our clients and/or investors, and we may need your details to comply with our anti-money laundering obligations and/or to verify the source of funds. We are permitted to use such information because it is a legal requirement and in our legitimate interests to do so (to protect against fraud).
6.6 We have set out in the Appendix to this Privacy Notice [LINK], a more detailed description of the ways we may use your personal data and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are, where appropriate.
6.7 Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data.
6.8 We do not use your information for automated decision making.
7. Change of purpose
7.1 We will only use your personal data 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. It may not always be apparent at the outset of the matter what data we may require, who we may need to obtain it from and/or share it with as this will depend on the nature of the work and how the matter progresses.
7.2 If you wish to have an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
7.3 If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
7.4 Please note that we may process your personal data without your knowledge or consent where this is required or permitted by law.
8. Marketing communications
8.1 As part of the property management advisory services we provide to our clients, we may use personal data to form a view on what we think you may want or need, or what may be of interest to you. In particular, during a project, we may discover ways to add value, for example, in terms of structure and/or operations.
8.2 If you are a shareholder in one of the independent special purpose vehicles that we have established to acquire property, we may contact you about other property projects that we think may be of interest you.
8.3 We have a legitimate interest in processing your personal data and information for our business development. We will only send marketing communications to you (including investment information) if you have requested information from us and you have not opted out of receiving that marketing.
8.4 We will only share your personal data with third parties for marketing purposes with your express consent and you can withdraw that consent (if provided) at any time by contacting us.
DATA SHARING
9. Who do we share your personal data with?
9.1 We may share your personal data between the VT Entities strictly on a need to know basis. We take reasonable steps designed to ensure that your personal data that we process is limited to the personal data reasonably required in connection with the purposes set out in this Privacy Notice. In particular:
(i) if you are an investor, shareholder, contractor and/or otherwise involved in one of our projects, your personal data is processed only by VTML (which acts as a data processor in administering and managing the relevant property development project(s)); and/or
(ii) if you are a client, in relation to the professional services provided by VTPO and/or VTML, your personal data is held only by the VT Entity providing the services.
9.2 We may (depending on the nature of our relationship with you) have to share your personal data with other third parties and they may also share the personal data they hold about you with us. This may include:
9.2.1 other professionals advisors (such as our legal advisors, auditors and accountants);
9.2.2 our bank and any bank, building society and/or financial institution providing finance in relation to any project;
9.2.3 if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, to protect the rights, property, or safety of any of the VT Entities, our clients, our investors, shareholders or others;
9.2.4 our IT and telecommunications systems providers acting as data processors as a consequence of them providing support to us, this includes our cloud storage providers;
9.2.5 our third party service providers to include external consultants, contractors and suppliers;
9.2.6 if in our reasonable opinion disclosure is required in relation to any criminal investigation or prosecution;
9.2.7 disclosures to the police, tax authorities, the National Crime Agency or other public or government authorities (including the Financial Conduct Authority), in all cases where in our reasonable opinion the disclosure is required or permitted by law or applicable regulation;
9.2.8 our professional indemnity insurer in the event a notifiable circumstance arises and/or a claim is made or threatened against us, in order to comply with our obligations under our professional indemnity insurance and/or defend ourselves;
9.2.9 when carrying out electronic identity checks in accordance with our business acceptance processes and anti-money laundering obligations;
9.2.10 in the event that any of the VT Entities sell or buy any business or assets, with the prospective seller or buyer of such business or assets. If a change happens to the ownership of any of the VT Entities, then the new owners may use your data in the same way as set out in this Privacy Notice.
9.3 We require all third parties with whom your data is shared to respect the security and integrity of your personal data and to treat it in accordance with the law. We also impose contractual obligations on service providers to ensure they can only use your personal information to provide services to us and to you.
9.4 We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
9.5 We will not share your information with third parties for marketing purposes (unless you expressly consent to this).
10. Information we collect about you from others
10.1 Information about you may be passed to us by third parties and/or obtained from publicly available sources in the course of providing our services and/or complying with our legal obligations. Typically these sources may include:
10.1.1 other parties involved in the project that we are dealing with (such as contractors, consultants and professional advisors);
10.1.2 financial institutions (such as banks involved in financing a transaction that we are dealing with);
10.1.3 other professional services firms (such as accountants and tax specialists);
10.1.4 government bodies (such as HMRC); and/or
10.1.5 public sources where this relates to you or your organisation (for example Companies House, internet searches, your organisation’s website and public social media accounts).
11. International transfers
11.1 Whilst we do not actively transfer your personal data outside of the European Economic Area (“EEA”), we use cloud storage within our businesses to store our records (including personal data) to include Dropbox and P Cloud. Such cloud storage providers are located outside of the European Economic Area (“EEA”) in the US and Switzerland respectively.
11.2 Whenever your personal data is transferred outside of the EEA, we ensure a similar degree of protection is afforded to it by ensuring that safeguards are implemented and suitable contractual arrangements are in place. In particular:
11.2.1 Dropbox complies with the EU-US Privacy Shield Framework when transferring data from the EEA. More information is available at: https://www.dropbox.com/privacy; and
11.2.2 pCloud operates on the basis of the European Commission’s adequacy decisions and in accordance with data protection laws in the EEA. More information is available at: https://www.pcloud.com/privacy_policy.html
12. Information collected from you about others
12.1 In the course of providing our services to you and/or if you are co-investing in one of our projects, we may need you to provide us with personal data about others (such as ultimate beneficial owners, directors, trustees and/or members of corporate entities and/or your business partners).
12.2 When you provide personal information to us relating to others, you must ensure that you are legally permitted to share this with us and all data disclosed should be complete, accurate and up to date. You should ensure that those individuals understand how their data may be shared and used by us.
YOUR DATA PROTECTION RIGHTS
13. What are your rights in connection with the data that we hold?
13.1.1 access to your personal data (commonly known as a “data subject access request”). This enables you to receive details of the personal data we hold about you and to check that we are lawfully processing it;
13.1.2 correction of the personal data that we hold about you. This enables you to have any incomplete, inaccurate or out-of-date data we hold about you corrected and/or updated, though we may need to verify the accuracy of the new data that you provide to us;
13.1.3 erasure of your personal data. This enables you to 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 successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons (as explained above in relation to data retention) which will be notified to you, if applicable, at the time of your request;
13.1.4 object to processing of your personal data where we are relying on a legitimate interest (or that of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms;
13.1.5 restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
(i) if you want us to establish the data’s accuracy;
(ii) where our use of the data is unlawful but you do not want us to erase it;
(iii) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
(iv) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it; and
13.1.6 transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a retainer with you.
14. How can you exercise your rights?
14.1 If you wish to exercise any of the rights set out above, please contact us by calling us on 020 7183 5910, emailing us at admin@vane-tempest.com or writing to us at 7-10 Chandos Street, London W1G 9DQ. Please quote “data protection” on any correspondence and/or upon telephoning the office.
14.2 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 is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in those circumstances.
14.3 We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise your rights). This is a security measure to ensure that personal data is not disclosed to any person who may not have a right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
14.4 We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
14.5 Please note that if you:
(i) want us to restrict or stop processing your data;
(ii) fail to provide data that we have reasonably requested from you; or
(iii) withdraw consent at any time where we are relying on consent to process your personal data,
this may
impact on our ability to provide our services to you and/or contract with you.
Depending on the extent of your request and/or the importance of any
information we request from you that you do not provide, we may be unable to
continue acting for you and be forced to immediately cease acting. We will
notify you if this is the case at the time. This will not affect the lawfulness
of any processing carried out before your withdrawal of consent. In these
situations you would remain liable for the fees and disbursements incurred to
the date of your request and/or refusal to provide information.
CHANGES TO OUR PRIVACY NOTICE
Any
changes we make to our Privacy Notice in the future will be posted on this page
and, where appropriate, notified to you by email. Please check back frequently
to see any updates or changes to our Privacy Notice.
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 relationship
with us.
COMPLAINTS
If you wish to raise a complaint on how we have handle your personal data, you can contact us to have the matter investigated by writing to our Compliance Manger at Vane-Tempest Private Office LLP, 7-10 Chandos Street, London, W1G 9DQ or by email at admin@vane-tempest.com.
If you are not satisfied with our
response or believe we are not processing your personal data in accordance with
the law you can complain to the ICO, the UK supervisory authority for data
protection issues. Further details can
be found at www.ico.org.uk or by calling 0303 123 1113. We would, however,
appreciate the chance to deal with your concerns before you approach the ICO so
please contact us in the first instance.
Appendix 1 – Data Processing
| No. | Purpose |
Lawful basis for processing |
| 1. | New client inception procedures to include conducting checks to identify our clients and verify their identity (including verifying the ultimate beneficial owners of our corporate clients) and other financial due diligence. | Performance of a contract (or in contemplation of entering into a contract with us)Necessary to comply with our legal obligations (to satisfy anti-money laundering requirements and detecting and preventing fraud) |
| 2. | Verifying the identity and source of funds of any investors prior to accepting investment in any special purpose vehicle set up for acquiring and/or developing property (including verifying the ultimate beneficial owners as required). | Performance of a contract (or in contemplation of entering into a contract with us) Necessary to comply with our legal obligations (to satisfy anti-money laundering requirements and detecting and preventing fraud) |
| 3. | Taking instructions from you, managing our relationship with you, corresponding and communicating with you to provide updates on a project and responding to your enquiries | Performance of a contract with you Necessary to comply with our legal obligations |
| 4. | Arranging meetings and ensuring that the needs of attendees are catered for (to include any adjustments that we need to make to accommodate attendees and their dietary requirements) | Performance of a contract with you Necessary to comply with our legal obligations (including compliance with health and safety laws) |
| 5. | Raising invoices and processing payments in relation to the performance of our services | Performance of a contract with you Necessary to comply with our legal obligations |
| 6. | Instructing our accountants to process and administer payments for investors in relation to property projects | Performance of a contract with you Necessary to comply with our legal obligations |
| 7. | Managing the relationship with our consultants, introducers and agents from time to time engaged by us and paying their fees | Performance of a contract with you Necessary to comply with our legal obligations |
| 8. | In VTML’s role as property development manager, processing data relating to contractors on any development site in the course of managing a project | Performance of a contract with you Necessary to comply with our legal obligations |
| 8. | Process and respond to requests, enquiries or complaints received by you | Performance of a contract with you Necessary to comply with our legal obligations |
| 9. | To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) | Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security and to prevent fraud) Necessary to comply with a legal obligation |
| 10. | To provide access to our files and records for audit, review or other quality assurance checks, by our auditors, and professional advisers | Necessary to comply with our legal obligations |
| 11. | Ensuring that our policies, procedures and standards are adhered to | For our legitimate interests (this includes carrying out our business and pursuing our general business interests) Necessary to comply with our legal obligations (such as under employment law and health and safety) |
| 12. | Preserving the confidentiality of commercially sensitive information | For our legitimate interests (or those of our clients or a third party) Necessary to comply with our legal obligations |
| 13. | Updating and maintaining records | Performance of a contract with you or to take steps at your request before entering into a contract with us Necessary to comply with our legal obligations |
| 14. | For the day to day operations of our business to include the use of third party service providers (including general office services, and IT support) | For our legitimate interests (this includes carrying out our business functions and pursuing our general business interests) |
| 15. | Debt recovery – collecting and recovering sums owed to us | Performance of a contract with you For our legitimate interests (this includes carrying out our business of and pursuing our general business interests) |
| 16. | To make suggestions and recommendations to you about services and/or projects that may be of interest to you, advising you on ways we can assist you to add value to your business | Performance of a contract with you Necessary for our legitimate interests (to develop our services and grow our business) |
| 17. | Making disclosures to government, regulatory or other public bodies where in our reasonable opinion the disclosure is appropriate and permitted by law | Necessary to comply with our legal obligations (to include anti-money laundering) |