Privacy Notice

1. Important notice

This is the Privacy Notice of Elwood FM Limited trading as Elwood Fund Management (company number 12043434 whose registered office is at Salisbury House, Station Road, Cambridge, Cambridgeshire, United Kingdom, CB1 2LA (we, us or our) and sets out how we collect and process your personal data. This Privacy Notice also provides certain information that is legally required and lists your rights in relation to your personal data. Please read this Privacy Notice to understand how we may use your personal data.

This Privacy Notice relates to personal information that identifies you meaning individuals outside our organisation with whom we interact from time to time in connection with the operation of our business, including landlords and tenants, investors, potential investors, intermediaries, other contacts, suppliers and advisors.

This Privacy Notice does not apply to our employees, prospective employees, contractors or individuals otherwise engaged in work for us or applying to work for us. This Privacy Notice is not intended for minors and we do not knowingly collect personal data relating to minors.

This Privacy Notice may vary from time to time so please check it regularly. This version of this Privacy Notice was first published in April 2020.

2. How To Contact Us

This Privacy Notice applies where we are a controller in respect of your personal data – this is where we decide how and why your personal data is processed.

If you need to contact us in connection with our use or processing of your personal data (including to change your marketing preferences) then please email us at info@elwoodfunds.com

3. Categories of personal data we collect

The categories of personal data about you that we may collect, use, store, share and transfer are:

• Individual Data. This includes personal data which relates to your identity, such as your first name, middle name, last name, username or similar identifier, marital status, title, date of birth and gender and your contact details such as your billing address, delivery address, email address and telephone numbers;
• Advertising Data. This includes personal data which relates to your advertising preferences, such as information about your preferences in receiving marketing materials from us and our third parties and your communication preferences as well as your personal interests;
• Information Technology Data. This includes personal data which relates to your use of our website, such as your internet protocol (IP) address, login data, traffic data, weblogs and other communication data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our website;
• Account and Profile Data. This includes personal data which relates to your account or profile on our website (if any), such as your username and password; and
• Market Research Data. This includes personal data which is gathered for the purposes of market research, such as price comparison information.

We may also create Personal Data about you, for example, if you contact us by telephone to make a complaint, for example about our services, then we may make a written record of key details of the conversation so that we can take steps to address the complaint.

We also obtain and use certain aggregated data such as statistical or demographic data for any purpose (Aggregated Data). Aggregated Data may be derived from your personal data but does not directly or indirectly reveal your identity. For example, we may aggregate your Information Technology Data to calculate the percentage of users accessing a specific feature on our website. However, if we re-combine or re-connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Notice.

In addition, we may obtain certain special categories of your data / sensitive personal data, and this Privacy Notice specifically sets out how we may process these types of personal data. The special categories of data are: (i) personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership; and (ii) the processing of genetic data, biometric data for the purposes of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.

We do not collect any information about criminal convictions and offences.

4. The sources from which we obtain your personal data

We obtain your personal data from the following sources:

• Directly from you, either in person, by telephone or email. This could include personal data which you provide when you:
  (a) interact with us in connection with investment or potential investment activity;
  (b) use an account on our website;
  (c) subscribe to our publications; or
  (d) request information on our services, certain investment opportunities or for other marketing to be sent to you;
• Via automated technologies, such as cookies, server logs and other similar technologies. We may automatically collect Information Technology Data about your equipment, browsing actions and patterns by using cookies, server logs and other similar technologies;
• From someone else, such as:
  (a) landlords and tenants;
  (b) third party intermediaries, such as brokers, other investors and potential investors, agents and investment managers;
  (c) banks and other financial institutions that you have authorised to liaise with us;
  (d) analytics providers;
  (e) providers of technical, payment and delivery services; and
  (f) data brokers or aggregators;
• From publicly available sources, such as:
  (a) Companies House;
  (b) the electoral roll; and
  (c) HM Land Registry.

5. How we use your personal data

We collect personal data about you in order to:

a) perform our contractual obligations. This would include processing personal data during the course of:

• providing services or products to our clients;
• receiving services or goods from our suppliers;
• making or receiving payments, fees and charges; and
• collecting and recovering money owed.

b) manage our relationship with you including:

• to send you important notices such as communications about changes to our terms and conditions and policies (including this Privacy Notice);
• to provide you with important real-time information about our products or services;
• to send you information you have requested;
• to deal with your enquiries; and
• to ask you to leave a review or feedback on us;

c) administer our business and carry out business activities;

d) make suggestions and recommendations to you about products or services that may be of interest to you, deliver relevant website content and other marketing content to you and to measure or understand the effectiveness of our marketing;

e) for internal purposes to use data analytics, to identify usage trends, determine and measure the effectiveness of marketing campaigns and to improve our website, products/services, marketing, client relationships and experiences;

f) protect our business including to deal with any misuse of our website and to comply with our security policies at our locations;

g) use your personal data to comply with our own legal and industry obligations e.g. to comply with regulatory requirements, health and safety requirements, or to assist in a police investigation;

h) enforce or apply our investment management and related arrangements with our clients from time to time and other arrangements with third parties;

i) to detect and prevent fraud and other illegal activities (and to assist regulators, trade bodies and law enforcement agencies in relation to the same);

j) finance, restructure, sell, make ready for sale or dispose of our business in whole or in part including to any potential buyer or their advisers; and

k) investigate and defend any third-party claims or allegations.

6. Our lawful basis for processing your personal data

Where we may rely on consent

For certain purposes it may be appropriate for us to obtain your prior consent. The legal basis of consent is only used by us in relation to processing that is entirely voluntary – it is not used for processing that is necessary or obligatory in any way.

In the event that we rely on your consent, you may at any time withdraw the specific consent you give to our processing your personal data. Please contact us using the contact details set out in paragraph 1 to do so. Please note even if you withdraw consent for us to use your personal data for a particular purpose we may continue to rely on other lawful bases to process your personal data for other purposes.

Other legal bases we may rely on

Where we are relying on a basis other than your consent, the lawful basis for processing personal data will be one of the following:

a) the processing is necessary in order for us to comply with our legal obligations (such as compliance with FCA requirements or anti-money laundering legislation);

b) the processing is necessary for the performance of a contract you are party to or in order to take steps at your request prior to you entering into a contract;

c) processing is necessary for the establishment, exercise or defence of legal claims; or

d) the processing is necessary for the pursuit of our legitimate business interests. In particular, our legitimate interests include:

• the provision of services;
• the recovery of debt;
• the provision of internal administration and / or IT services;
• the security of our IT network;
• the prevention of fraud;
• marketing of our services and products and promotion of our business;
• the reorganisation or sale or refinancing of the business;
• the study in how to develop and the update of our products and services;
• the development of our business strategy; and
• protecting our business and property.

e) the processing is necessary in order to protect the vital interests of an individual e.g. where there is a medical emergency.

Extra conditions for sensitive personal data

Where we are processing your sensitive / special category personal data one of the following conditions will also apply:

a) you have given your explicit consent to the processing;

b) the processing relates to personal data which are manifestly made public by you;

c) the processing is necessary for the establishment, exercise or defence of legal claims;

d) the processing is necessary for archiving purposes in the public interest; scientific or historical research purposes or statistical purposes;

e) the processing is necessary to protect an individual’s vital interests where the individual cannot give consent;

f) the processing is necessary for reasons of substantial public interest;

g) the processing is necessary for reasons of public interest in the area of public health.

7. Who receives Your personal data

We may disclose your personal data to:

• stakeholders in the investment and investment management processes from time to time, including landlords and tenants, banks and other financial institutions and third party intermediaries, such as brokers, other investors and potential investors, agents and investment managers;
• our group companies and affiliates or third party data processors who may process data on our behalf to enable us to carry out our usual business practices. Any such disclosure will only be so that we can process your personal data for the purposes set out in this Privacy Notice;
• HMRC, legal and other regulators or authorities, including those who request your personal data or to report any potential or actual breach of applicable law or regulation;
• external professional advisers such as accountants, bankers, insurers, auditors and lawyers;
• law enforcement agencies, courts or other relevant party, to the extent necessary for the establishment, exercise or defence of legal rights;
• third parties where necessary for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties; and
• third parties which are considering or have decided to acquire some or all of our assets or shares, merge with us or to whom we may transfer our business (including in the event of a reorganisation, dissolution or liquidation).

8. Personal data about other people which you provide to us

If you provide personal data to us about someone else (such as one of your directors or employees, or someone with whom you have business dealings) you must ensure that you are entitled to disclose that personal data to us and that, without our taking any further steps, we may collect, use and disclose that personal data as described in this Privacy Notice.

You must ensure the individual concerned is aware of the various matters detailed in this Privacy Notice, as those matters relate to that individual, including our identity, how to contact us, the way in which we collect and use personal data and our personal data disclosure practices, that individual’s right to obtain access to the personal data and make complaints about the handling of the personal data, and the consequences if the personal data is not provided.

9. Accuracy of your personal information

It is important that the personal data we hold about you is accurate and current and we take all reasonable precautions to ensure that this is the case but we do not undertake to check or verify the accuracy of personal data provided by you. Please keep us informed if your personal data changes during your relationship with us either by logging onto your account on the website or by contacting us. We will not be responsible for any losses arising from any inaccurate, inauthentic, deficient or incomplete personal data that you provide to us.

10. International transfers of personal data

It is possible that personal data we collect from you may be transferred, stored and/or processed outside the United Kingdom or European Economic Area.

In connection with such transfers we will ensure that:

a) there are appropriate safeguards in place such as binding corporate rules or the approved EU model contractual clauses between us and the recipient (as per Article 46 GDPR (or English law equivalent)). A copy of the appropriate safeguard can be obtained by contacting us using the contact details set out in paragraph 2; or

b) the transfer is to a country that the European Commission has decided provides an adequate level of protection such as to a country approved by the European Commission or to certain organisations with the US pursuant to the Privacy Shield (as per Article 45 GDPR (or English law equivalent)); or

c) one of the derogations for specific situations in the first sub-paragraph of Article 49(1) GDPR (or English law equivalent) applies to the transfer including explicit consent or necessary for the performance of a contract or exercise or defence of legal claims.

11. How long we will store your personal data for

We will store your personal data for the time period which is appropriate in accordance with the following criteria:

(a) the on-going business operation / relationship that we have with you;

(b) the completion of the purpose for which the personal data was given;

(c) our legal obligations in relation to that personal data and other legal or regulatory requirements;

(d) the type and size of the data held and whether any if it is deemed to be special category personal data; or

(e) our accounting requirements in relation to that personal data.

12. Contractual or statutory requirements on you to provide personal data

In certain circumstances the provision of personal data by you is a requirement to comply with a term of a contractual arrangement with us or a third party.

It is your choice as to whether you provide us with your personal data necessary to enter into a contract or as part of a contractual requirement. If you do not provide your personal data then we may not be able to perform to the level you expect under any such contract with you. If you would like to exercise any of the rights set out above, please contact us using the contact details set out in paragraph 2.

13. Your rights in relation to your personal data

Subject to applicable law including relevant data protection laws, in addition to your ability to withdraw any consent you have given to our processing your personal data (see paragraph 6), you may have a number of rights in connection with the processing of your personal data, including:

• the right to request access to your personal data that we process or control;
• the right to request rectification of any inaccuracies in your personal data or, taking into account the purposes of our processing, to request that incomplete data is completed;
• the right to request, on legitimate grounds as specified in law:

(a) erasure of your personal data that we process or control; or

(b) restriction of processing of your personal data that we process or control;

• the right to object, on legitimate grounds as specified in law, to the processing of your personal data;
• the right to receive your personal data in a structured, commonly used and machine-readable format and to have your personal data transferred to another controller, to the extent applicable in law; and
• the right to lodge complaints regarding the processing of your personal data with the Information Commissioner’s Office or other relevant supervisory body. Please see https://ico.org.uk/concerns/ for how to do this.

14. Links to other websites

This policy only applies to us. If you link to another website from our website, you should remember to read and understand that website’s privacy notice as well. We do not control unconnected third-party websites and are not responsible for any use of your personal data that is made by unconnected third party websites.