GDPR & Privacy Policy

ABOUT US
Evidence Capital Limited (“Evidence Capital”, “we”, “us”, “our” and “ours”) is a private limited company registered in England and Wales with company number 09902758 and having its registered office at 11 Blackheath Village, Blackheath, London, United Kingdom, SE3 9LA. We are registered as a data controller with the Information Commissioner’s Office with registration number ZA588338.

The information contained in this Website has been approved by Evidence Capital Limited, which is authorised and regulated by the Financial Conduct Authority (FCA) in the United Kingdom. We are entered on the FCA register under reference number: 926415. It is only directed and may only be distributed to persons who are Professional Clients or Eligible Counterparties and is not, under any circumstances, intended for distribution to retail clients and therefore the general public.

Evidence Capital SAS is a Financial Investment Advisor (CIF) under the number E008576 and Banking Transactions and Payment Services Broker (COBSP), registered in France with the ORIAS under the number 17001025. Member of ANACOFI-CIF, approved by the AMF, and ANACOFI-COURTAGE, approved by the ACPR. You can download our legal information document DER here.

Evidence Capital Advisory SAS is a Banking Transactions and Payment Services Broker (COBSP), registered in France with the ORIAS under the number 23005774. Member of ANACOFI-COURTAGE, approved by the ACPR. 

At Evidence Capital, we are committed to respecting your privacy. This notice explains how Evidence Capital may collect, use and disclose information about you when you visit our website or use our services, or communicate with us, both on this website and offline as a client or potential client. It also describes the rights you may have in respect of your personal information in accordance with the provisions of applicable data protection laws. This Privacy Policy is being provided in accordance with the requirements of data privacy laws, including the EU General Data Protection Regulation 2016/679 (“GDPR”), and any other law relating to privacy or the processing of personal data and any statutory instrument, order, rule or regulation implemented thereunder, each as applicable to us. References to “you” means an individual, or any individual connected with you who is a legal person (each such individual, a “data subject”), as applicable.

For the purposes of the GDPR, Evidence Capital is the controller of your data. If you have any queries regarding this policy or complaints about our use of your data, please contact us via [email protected] and we will do our best to deal with your complaint or query as soon as possible.

Please read this Privacy Policy carefully.

DATA PROTECTION PRINCIPLES
We adhere to the following principles when processing your personal information as data controller:

  1. Lawfulness, fairness and transparency: data must be processed lawfully, fairly and in a transparent manner;
  2. Purpose limitation: data must be collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes;
  3. Data minimisation: data must be adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
  4. Accuracy: data must be accurate and, where necessary, kept up to date;
  5. Storage limitation: data must be kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal information is processed;
  6. Integrity and confidentiality: data must be processed in a manner that ensures appropriate security of the personal information, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage by using appropriate technical or organisational measures.

INFORMATION WE COLLECT ABOUT YOU
We may obtain personal information about you in connection with our business dealings and when you visit our website.

We may collect personal information from you in the following circumstances:

  1. Information you provide to us, such as when you use the “Contact Us” form on our website or when we meet in person, including your name, email address, phone number, employer name and job title, and details of your investments and dealings with us;
  2. Details of the correspondence and communications we have had with you in relation to our business activities;
  3. Website and communication usage, namely certain information that we collect through cookies and other tracking technology when you visit our website, including but not limited to your IP address and domain name, your browser version and operating system, traffic data, location data, web logs and other communications that you access;
  4. Marketing preference information, namely details of your marketing preferences (e.g. communication preferences) and information relevant to selecting appropriate products, services and communications to offer you;
  5. Information we obtain from third party sources, such as information that we collect from publically available sources, including LinkedIn, Preqin, your company website and Companies House.

The categories of your personal information we may process include:

  • first and last name;
  • job title and company name;
  • contact details (such as phone number, email address and address);
  • identification information (such as a copy of your passport); and
  • financial information.

We do not generally seek to collect sensitive personal information through our website or as part of our business transactions. Sensitive personal information is information relating to racial or ethnic origin; political opinions; religious or philosophical beliefs; trade-union membership; health; sex life, sexual orientation; or genetic or biometric information. If we do collect sensitive personal information, we will ask for your explicit consent to our proposed use of that information at the time of collection.

COOKIES
We use cookies on our website. Please refer to our Cookies Policy for further information in relation to our use cookies and other similar tracking technologies.

HOW WE USE THE INFORMATION WE OBTAIN
As a data controller, we will only use and process your information if we have a legal basis for doing so. The legal grounds that we typically rely on are:

  • Consent: where you have consented to our use of your information (you will have been presented with consent language in relation to any such use and may withdraw your consent by contacting us as set out in the “Contact Us” section);
  • Contract performance: where your information is necessary to enter into or perform our contract with you;
  • Legal obligation: where we need to use your information to comply with our legal obligations;
  • Legitimate interests: where we use your information to achieve a legitimate interest and our reasons for using it outweigh any prejudice to your data protection rights;
  • Legal claims: where your information is necessary for us to defend, prosecute or make a claim against you, us or a third party.

The purposes for which we use and process your information and the legal basis on which we carry out each type of processing are set out below:

  1. To provide and manage products and services you have requested. To administer our services, including carrying out our obligations arising from any agreements entered into between you and us and making relevant introductions in connection with our placement activities.

Legal ground: contract performance.

  1. To provide you with information, products or services which may be of interest to you. To provide you with details of investment opportunities or provide you with information about products and services that we offer that we think may be of interest to you. Where required by applicable law, we will ask you for your consent for such communications. You will have the right to withdraw your consent by contacting us as set out in the “Contact Us” section.

Legal ground: either legitimate interests (to keep you updated with news in relation to our products and services) or consent (if this is required under applicable law).

  1. To communicate effectively with you. To communicate with you, including to respond to your enquiries or to notify you about changes to our services and products.

Legal ground: legitimate interests (to enable us to notify you about changes to our service and communicate with you).

  1. To comply with legal or regulatory requirements. We may process your personal information to comply with our regulatory requirements or dialogue with our regulators or to defend or prosecute claims, as applicable. As a regulated firm, this will include undertaking certain fraud and background checks in relation to our clients. If false or inaccurate information is provided and/or fraud is identified or suspected, then details may be passed to fraud prevention agencies and recorded by us or them.

Legal ground: legal obligations.

  1. To reorganise or make changes to our business. In the event that we are subject to negotiations for the sale of our business or part thereof to a third party, sold to a third party or undergo a reorganisation, we may need to transfer some or all of your personal information to the relevant third party (or their advisers) for the purposes of due diligence or otherwise in connection with the sale.

Legal ground: legitimate interests (to allow us to change our business).

  1. Use of cookies or similar technologies (if this involves processing personal data). To improve our website and monitor the effectiveness of our email marketing.

Legal ground: Consent.

You have the right to object to the processing we carry out on the basis of our legitimate interests. For more information in this regard, please see the section titled “Your Rights” below.

In some cases, if you do not provide your personal information, we may not be able to provide services or products to you. We will notify you should it be necessary to use your personal data for a purpose other than for our current business activities as set out above.

INFORMATION SHARING
In addition to those parties mentioned above, we may share your personal information with third parties for the purposes, and on legal grounds, set out above. Such third parties include:

  1. Evidence Capital affiliates. We may share your personal information within the Evidence Capital group insofar as reasonably necessary for the purposes set out in this Privacy Policy.
  2. Companies we introduce you to. We may share your personal information with third parties that we connect you with in connection with our placement activities.
  3. Law enforcement agencies. We may provide personal information to third parties, including anti-fraud organizations, legal, regulatory, or law enforcement authorities in cases of suspected criminal activity or contravention of law, for the detection and prevention of fraud, or when required to satisfy the legal or regulatory requirements of governments, regulatory authorities, or to comply with a court order.
  4. Sub-contractors and agents. We may use other companies to process your personal information (such as for account administration, fraud prevention and detection and marketing) on our behalf. Where we do so, we ensure that such parties are subject to security and confidentiality obligations and are only permitted to process your personal information for specified purposes and in accordance with our instructions.

DATA RETENTION
We will retain your personal information for as long as it is needed to fulfil the purposes for which it is collected, and any other permissible, related purposes. For example, we may retain certain data to comply with regulatory requirements regarding the retention of data. We may retain your personal information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal information, we consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

INTERNATIONAL TRANSFERS
The information we store about you will be made available to our staff in the United Kingdom. We may also transmit your information to third parties in a destination outside of the UK and European Economic Area (“EEA”). Where personal information is transferred to and stored in a country outside the UK which is not determined by the European Commission as providing adequate levels of protection for personal information, we take steps to provide appropriate safeguards to protect your personal information, including entering into standard contractual clauses approved by the UK or the European Commission, obliging recipients to protect your personal information.

Please contact us using the details in the “Contact Us” section. If you would like to see a copy of the specific safeguards applied to the export of your personal information.

DATA SECURITY
We have put in place commercially reasonable and appropriate technical and physical security measures to protect your personal information from accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure and use.

We have agreements and controls in place with third party service providers requiring that any information we provide to them must be safeguarded and used only for the purpose of providing the service we have requested the company to perform.

Despite these precautions, however, we cannot guarantee the security of information transmitted over the Internet or that unauthorised persons will not obtain access to personal information.

YOUR RIGHTS UNDER DATA PROTECTION LAW

You have certain rights under GDPR in relation to our processing of your personal data and these are, generally:

  1. the right to request access to your personal data;
  2. the right to request rectification of your personal data;
  3. the right to request erasure of your personal data (the “right to be forgotten”);
  4. the right to restrict our processing or use of personal data;
  5. the right to object to our processing or use where we have considered this to be necessary for our legitimate interests (such as in the case of direct marketing activities); 
  6. where relevant, the right to request the portability;
  7. where your consent to processing has been obtained, the right to withdraw your consent at any time; and
  8. the right to lodge a complaint with a supervisory authority.

Please note that the above rights are not always absolute and we may be entitled to refuse requests, wholly or partly, where exceptions under the applicable law apply.

If you exercise any of these rights, we will check your entitlement and respond in most cases within a month (unless we are entitled by law to extend the timeframe by a further 2 months).

Save as described in this Privacy Policy or provided under data protection laws, there is no charge for the exercise of your legal rights. However, if your requests are manifestly unfounded or excessive, in particular because of their repetitive character, we may either: (a) charge a reasonable fee taking into account the administrative costs of providing the information or taking the action requested; or (b) refuse to act on the request.

Where we have reasonable doubts concerning the identity of the person making the request, we may request additional information necessary to confirm your identity.

CONTACT US
If you want to exercise your rights, or wish to make a complaint on how we have used your personal information please do so by contacting us via [email protected].

You have the right to make a complaint to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues at www.ico.org.uk/concerns or contact their helpline on 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.

LINKS
The website may, from time to time, contain links to and from the websites of our business partners, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal information to these websites.

CHANGES TO OUR PRIVACY POLICY
We reserve the right to change this Privacy Policy from time to time. Any changes will be posted on the website with an updated revision date. If we make any material changes to this Privacy Policy, we may notify you by email or by means of a prominent notice on the website prior to the change becoming effective.