Privacy Policy

We take your privacy very seriously. Please read this privacy policy carefully as it contains important information on who we are and how and why we collect, store, use and share your Personal Information. It also explains your rights in relation to your Personal Information and how to contact us or supervisory authorities in the event you have a complaint.

We collect, use and are responsible for certain Personal Information about you. When we do so we are subject to data protection laws applicable in the United Kingdom, in particular the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 and we are responsible as ‘controller’ of that Personal Information for the purposes of those laws.

If you are invested in a fund managed by T. Bailey Asset Management Limited you should also read the privacy policy of Waystone Management (UK) Limited who are responsible for the administration of our funds.

Key terms

It would be helpful to start by explaining some key terms used in this policy:

• We, us, our: T. Bailey Asset Management Limited, a company registered in England and Wales with registered address Toll Bar House, Landmere Lane, Edwalton, NG12 4DG (registered company number 03720372)
• Personal Information: any information relating to an identified or identifiable individual
• Data protection contact: our point of contact for queries about this policy, your Personal Information or your rights is our Compliance Officer, who can be reached at the address, email or phone shown under ‘How to contact us’ at the end of this policy.

Personal information we collect about you

We may collect and use the following Personal Information about you:

• your name, address, email address, telephone number, and employment details.

This Personal Information is required to provide our products and/or services to you and to satisfy regulatory and legal obligations. If you do not provide Personal Information we ask for (with the exception of your telephone number and email address), we may not be able to provide our products and/or services to you.

In the course of providing our regulated services and meeting our legal obligations, we may also process information relating to criminal offences or alleged offences – for example, information generated by anti-money laundering, sanctions, politically exposed persons and fraud-prevention checks. Where we do so, we rely on the substantial public interest conditions of the Data Protection Act 2018 (in particular the conditions for preventing or detecting unlawful acts and for compliance with regulatory requirements relating to unlawful acts and dishonesty).

How your personal information is collected

We collect most of this Personal Information directly from you – in person, by telephone, text or email and/or via our website and apps. However, we may also collect information:

• from publicly accessible sources, eg Companies House or social media websites;
• from a third party with your consent;
• from cookies on our website – for more information on our use of cookies, please see our cookies policy available on our website; and
• via our IT systems, eg: automated monitoring of our websites and other technical systems, such as our computer networks and connections, CCTV and access control systems, communications systems, email and instant messaging systems

How and why we use your personal information

Under data protection law, we can only use your Personal Information if we have a proper reason for doing so. In order to use your personal information, we rely on the following legal bases:

• processing is necessary for the performance of the products and/or services we provide to you (including preventing unauthorised access and modification to our systems);
• processing is necessary for the purposes of the legitimate business interests pursued by us (in particular, undertaking statistical analysis to help us manage our business e.g. in relation to financial performance, client base and work type)
• processing is necessary for compliance with a legal obligation to which we are subject (including, if applicable, undertaking screening for financial and other sanctions or embargoes and conduct checks to identify you and verify your identity.)
• where we have asked you for it, and you have given us your consent, for a specific purpose, such as certain marketing communications or sharing your information with a third party at your request. You can withdraw your consent at any time – see ‘Your rights’ below.

Where we process special category data or information relating to criminal offences – for example, as part of anti-money laundering, sanctions or fraud-prevention checks – we additionally rely on the conditions of the UK GDPR and the corresponding conditions in the Data Protection Act 2018. We maintain appropriate policies setting out how we comply with the data protection principles when carrying out this processing.

With whom we share your personal information

We routinely share Personal Information with:

• third parties we use to help deliver our products and/or services to you, e.g. fund administrators, software providers and cloud providers;
• other third parties we use to help us run our business, e.g. marketing agencies and auditors;
• third parties approved by you, e.g. other financial services professionals;
• credit reference and identity verification agencies;
• sanctions screening providers; and
• our insurers and brokers.

We only allow our service providers to handle your Personal Information if we are satisfied they take appropriate measures to protect your Personal Information. 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. We may also share Personal Information with external auditors, eg in relation to ISO accreditation and the audit of our accounts.

We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.

We may also need to share some Personal Information with other parties, such as potential buyers of some or all of our business or during a re-structuring. Usually, information will be anonymised but this may not always be possible. The recipient of the information will be bound by confidentiality obligations.

How long your personal information will be kept

We will keep your Personal Information for the duration of our professional relationship or when we are providing products and/or services to you. Thereafter, we will keep your Personal Information for as long as is necessary to respond to any questions, complaints or claims made by you or on your behalf; and to keep records required by law.

We will not retain your Personal Information for longer than necessary for the purposes set out in this policy. Different retention periods apply for different types of Personal Information. In particular:

• anti-money laundering and ‘know your customer’ records are kept for a minimum of 5 years after the end of our business relationship with you, as required by the Money Laundering Regulations 2017;
• records required to comply with FCA rules are kept for the periods specified in the FCA Handbook, typically a minimum of 5 years and in some cases indefinitely;
• tax, accounting and corporate records are kept for at least 6 years after the end of the relevant financial year, in line with HMRC and Companies Act requirements; and

When it is no longer necessary to retain your Personal Information, we will delete or anonymise it.

Transferring your personal information out of the UK

To deliver services to you, it is sometimes necessary for us to share your Personal Information outside the United Kingdom (UK), for example with our service providers located outside the UK.

These transfers are subject to special rules under data protection law.

These non-UK countries do not have the same data protection laws as the United Kingdom. We will, however, ensure the transfer complies with data protection law and all Personal Information will be secure.

In practice, we make these transfers only where one of the following applies: (a) the destination country is covered by UK ‘adequacy regulations’ under the Data Protection Act 2018; (b) the transfer is made under the UK International Data Transfer Agreement (IDTA), or under the UK International Data Transfer Addendum to the EU Standard Contractual Clauses, in each case supported by a transfer risk assessment; or (c) another lawful transfer mechanism set out in the UK GDPR applies.

If you would like further information regarding the mechanisms used to comply with data protection law, please contact us (see ‘How to contact us’ below).

Your rights

You have the following rights, which you can exercise free of charge:

Access

The right to be provided with a copy of your Personal Information (the right of access)

Rectification

The right to require us to correct any mistakes in your Personal Information

To be forgotten

The right to require us to delete your Personal Information – in certain situations

Restriction of processing

The right to require us to restrict processing of your Personal Information – in certain circumstances, e.g. if you contest the accuracy of the data

Data portability

The right to receive the Personal Information you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party – in certain situations

To object

The right to object:

• at any time to your Personal Information being processed for direct marketing (including profiling);
• in certain other situations to our continued processing of your Personal Information, e.g. processing carried out for the purpose of our legitimate interests.

Withdraw consent

Where we rely on your consent to process your Personal Information (for example, for certain marketing communications or for sharing your information with a third party at your request), you have the right to withdraw that consent at any time. Withdrawing your consent does not affect the lawfulness of any processing we carried out before you withdrew it.

Not to be subject to automated individual decision-making

The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you. We do not currently make any decisions about you that are based solely on automated processing and that produce legal or similarly significant effects. If this changes, we will provide you with meaningful information about the logic involved and the significance and envisaged consequences for you.

Further information

For further information on each of those rights, including the circumstances in which they apply, please contact us or see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals’ rights under the UK GDPR.

If you would like to exercise any of those rights, please:

• email us at contact@tbaileyam.co.uk; or write to us at our registered address – see below: ‘How to contact us’; or
• apply in person at our office – see below: ‘How to contact us’;
• let us have enough information to identify you (eg your full name, address and customer or matter reference number);
• if we have a reasonable doubt as to your identity, provide us with proportionate information to help us verify it. We will only ask for the minimum we need (for example, confirmation of details we already hold for you) and will not require copies of identity documents unless this is genuinely necessary; and
• let us know what right you want to exercise and the information to which your request relates.

Keeping your personal information secure

We have appropriate security measures to prevent Personal Information from being accidentally lost, or used or accessed unlawfully. We limit access to your Personal Information to those who have a genuine business need to access it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit getsafeonline.org.

Get Safe Online is supported by HM Government and leading businesses.

How to complain

We hope that we can resolve any query or concern you may raise about our use of your information.

The UK GDPR also gives you the right to lodge a complaint with a supervisory authority, and to seek a judicial remedy.

The supervisory authority in the UK is the Information Commissioner who may be contacted at https://ico.org.uk/make-a-complaint/ or telephone: 0303 123 1113.

Changes to this privacy policy

We may change this privacy notice from time to time as our business requirements or the law changes. Any changes to this privacy notice will be updated on our website. Where the changes are material, we will use reasonable means to bring them to your attention (for example, by email or a prominent notice on our website).

How to contact us

Please contact us by post, email or telephone if you have any questions about this privacy policy or the information we hold about you.

Our contact details are shown below:

T. Bailey Asset Management Ltd
1st Floor
Toll Bar House
Landmere Lane
Edwalton
Nottingham
NG12 4DG
contact@tbaileyam.co.uk
0115 666 0470