Privacy Notice

  1. Introduction
    1. What this Privacy Notice covers
      We gather, store and process personal data in accordance with the General Data Protection Regulation (GDPR) and the UK Data Protection Act. This Privacy Notice provides an overview of how we do this.
    2. Explanation of terms used in this Privacy Notice
      Personal Data is any information about an individual from which that person can be identified, e.g. name, address or telephone number.
      Special Category Personal Data is information revealing racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health conditions, sexual orientation, biometric or genetic data.
    3. This Privacy Notice should be read in conjunction with the Legal section on this website.
  2. Information and Data Security
    It is our policy to protect your right to privacy, and we will take all reasonable steps to ensure that adequate security measures and compliance procedures are in place to prevent inappropriate access to your personal data.
  3. Types of Personal Data Collected
    While providing services to you, we may process personal data, typically including the following information relating to you:
    • personal contact details such as name, title, addresses, telephone numbers and personal email addresses;
    • date and place of birth;
    • gender;
    • marital status, dependants (name and age) and relations;
    • copies of identification documents such as passports and driving licences;
    • nationality, tax residence and country of residence;
    • employment details, income and source of wealth; and
    • details of investments and assets owned, and liabilities.

    It is also possible that we may process special category personal data such as:

    • details of any mental health conditions which mean you may be unable to make your own decisions due to loss of mental capacity;
    • details of whether you may require communications in large type;
    • political opinions or religious beliefs available from public sources of information, e.g. if you are on the board of a religious foundation; and
    • information about criminal convictions and offences, which would include publicly available information and suspicious activity reports.
  4. How We Collect Your Personal Data
    We collect your personal data when you seek, or are provided with, information on our services, and throughout your relationship with us.
  5. Sources of Personal Data
    We collect your personal data directly from you, e.g. through the onboarding process, when it is provided to us by a third party, e.g. your accountant or agent, or when information is created as a result of providing our service to you.
  6. How We Use Personal Data
    We are a data controller, which means that we are responsible for deciding how we hold and use your personal data. We will only use your personal data when the law allows us to, most commonly in the following circumstances:
    • where we need to perform the services described in the agreement we have entered with you;
    • where we need to comply with a legal obligation;
    • where it is necessary for our legitimate interests, or those of a third party, and your interests or fundamental rights do not override those interests;
    • where we need to protect your, or someone else’s interests;
    • where it is needed in the public interest; and
    • where you have given your consent.
    1. Situations in which we will use your personal data
      We will process your personal data in the following situations:
      • to comply with any applicable laws and regulations and/or any voluntary code or industry best practice which we reasonably decide to adopt;
      • to comply with the request or requirement of any court or relevant jurisdiction or any relevant tribunal, mediator, arbitrator, ombudsman, taxation authority or regulatory or government authority;
      • to carry out the detection, investigation and prevention of fraud, tax evasion, money laundering, bribery, corruption, terrorist financing and other crime or malpractice, and oversee and report on such matters;
      • for use in connection with any legal proceedings or regulatory action, for obtaining legal advice, or for establishing, exercising or defending legal rights; and
      • to give you information and marketing, by post, telephone or email using the contact details you have provided, about events, products and services which we believe may be of interest to you. You will always have the option to stop receiving such communications.
    2. Special category personal data
      Special category personal data would only be processed in limited circumstances, with your explicit written consent; where we need to carry out our legal obligations or where it is needed in the public interest, both in line with our data protection policy.
    3. Information about criminal convictions
      We may only use information about criminal convictions where the law allows us to do so, which would usually be where such processing is necessary to carry out our obligations and provided we do so in line with our data protection policy.This information may also be used in relation to legal claims, where it is necessary to protect your interest your or someone else’s interests and you are not capable of giving your consent, or where you have already made the information public.Information about criminal convictions may also be shared for the prevention or detection of crime and anti-fraud purposes, including the making of suspicious activity reports to the appropriate crime agency or authority.
    4. If you fail to provide personal data
      If you fail to provide certain information when requested we may not be able to perform the services detailed in our agreement with you. We may also be prevented from complying with our legal obligations, such as completing our ‘know your client’ checks.
    5. Change of purpose
      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 purpose and that purpose is compatible with the original purpose.
  7. Disclosure of Personal Data by Us
    1. Recipients of personal data
      We, and those parties to whom personal data is disclosed, may disclose personal data in the situations described above:
      • to any court or any relevant jurisdiction or any relevant tribunal, mediator, arbitrator, ombudsman, taxation authority or regulatory or governmental authority;
      • if we or any person to whom your information is disclosed have a right or duty to disclose it or are permitted or compelled by applicable laws and regulations, e.g. to assist in the prevention of terrorism, money laundering, tax evasion and other crimes; and
      • otherwise if you consent to such disclosure.
    2. MarketingWe will not sell or transfer your personal data to any third party to use for direct marketing purposes without your prior consent.
  8. Monitoring and Recording Communications
    All telephone conversations with us may be recorded, without use of a warning tone or message, to protect both you and us, to help establish facts in the event of a disagreement, and to enable us to comply with our obligations under applicable laws and regulations.We will also record other communications, including letters, faxes and meetings, which take place between us and you, particularly where they relate to client order services.All records will remain our property.
  9. Retention of Personal Data
    We will retain personal data for as long as necessary to fulfil the purpose for which it was collected, or to comply with legal, regulatory, accounting, reporting or internal policy requirements.
    In some cases, we may anonymise your personal data so that it can no longer be associated with you, in which case we may use such information without further notice to you.
    1. Client records
      The majority of records are kept for seven years from the date of closure of the relationship. Certain records are kept for seven years, but from the date of the record instead.
    2. Communication records
      Communication records will be kept for five years. Copies of these records will be available to the relevant authority and to you, on request, during the retention period.
    3. Records of prospective clients
      We will retain records of prospective clients who do not become clients, for five years from the date of the record. In the case of a complaint records shall be kept from the date of the resolution of the complaint.
  10. Your Rights and Duties
    1. Your duty to inform us of changes
      It is important that the personal data we hold about you is accurate and current. Please let us know if your personal data changes during your relationship with us.
    2. Your rights in connection with personal data
      Under certain circumstances, by law you have the right to:
      • submit a data subject access request, which will allow you to receive a copy of the personal data we hold about you and to check that it is being lawfully processed;
      • request correction of the personal data we hold about you;
      • request erasure of your personal data where there is no good reason for us continuing to process it;
      • object to processing of your personal data where we are relying on a legitimate interest and there is something about your particular situation which makes you want to object to processing on this ground. You may also object where we are processing your data for direct marketing purposes;
      • request the restriction of processing of your personal data, e.g. if you want us to establish its accuracy or the reason for processing it; and
      • request the transfer of your data to another party.

      Should you wish to exercise any of your rights in connection with personal data, please let your usual contact know, or contact the Data Protection Officer at the address below:

      Data Protection Officer
      Victoria Capital (UK) Limited
      48 Charles Street
      E1J 5EN

      You have the right to make a complaint at any time by writing to:

      Information Commissioner’s Office
      Wycliffe House
      Water Lane
      SK9 5AF

    3. No fee usually required
      You will not have to pay a fee for exercising any of your rights in connection with personal data. However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with such a request.
    4. What we may need from you
      We may need to request specific information from you to help us confirm your identity and ensure your right to exercise any of you rights in connection with personal data. This is another appropriate security measure to ensure that personal data is not disclosed to any person who has no right to receive it.
  11. Changes to this Privacy Notice
    We reserve the right to update this Privacy Notice at any time, and will notify you either in writing or by updating this Privacy Notice on our website, We may also notify you in other ways about the processing of your personal data.