Disclaimers & Privacy Notice

Who We Are

We are Somerston Capital Limited, a UK company with registration no. 04477364 and our registered office at First Floor, 8 Sackville Street, London, W1S 3EZ (“we”, “our”, “us”). Our parent company is Somerston Capital Holdings Limited, which is located at 45 Esplanade, St. Helier, Jersey JE2 3QB. The following legal notices relate to your use of www.somerstoncapital.com (our “Website”, “Site”).

Legal notice

Please read the following information carefully. By accessing this Website, you agree to be bound by the following terms and conditions:

No offer:This Website is available for information purposes only. Nothing on this Website is intended to constitute an offer or solicitation to invest or sell of any nature in any jurisdiction, or to recommend any investment or transaction. Nothing contained in or presented on this Website forms part of any contract.

No reliance:The content of this Website is provided for information purposes only. No reliance may be placed for any purpose whatsoever on the completeness, accuracy or fairness of the information or opinions contained on this Website. Nothing contained in, or presented on, this Website constitutes or shall be construed to constitute investment, legal, tax or other advice or any commitment or recommendation of any kind, nor is it to be relied upon in relation to making an investment or any other decision or as forming the basis of (or any part of) any such decision. The information contained in or presented on this Website may be changed, varied or updated at any time without notice.

No warranty and limitations of liability:No undertaking, representation, warranty or other assurance, express or implied, is made or given by or on behalf of us, our parent company or any of its affiliates, directors, officers or employees or any other person as to the accuracy, completeness or fairness of the information or opinions contained in or presented on this Website. We will not accept any liability whatsoever (save in the case of fraud) and will not be liable for any loss or damage arising directly or indirectly (including special, incidental or consequential loss or damage) from your use of this Website, including any loss, damage or expense arising from, but not limited to, any defect, error, viruses, imperfection, fault, omission, mistake or inaccuracy on this Website, its contents or associated services, or due to any unavailability of the Website or any part thereof or any contents or associated services.

Copyright:The content of this site is the property of Somerston Group Limited and is protected by the laws of copyright with all rights reserved where applicable. You may download or print out hard copies of individual pages and/or sections of the Website provided that you do not remove any copyright or other proprietary notices. You may not reproduce (in whole or in part), transmit (by electronic means or otherwise), modify, link into or use the Website for any public or commercial purpose without the prior written consent of Somerston Group Limited.

Privacy Notice

This Privacy Notice explains how Somerston collect, use and disclose your personal data, and your rights in relation to the personal data it holds.

We are the Data Controller of your personal data and are subject to the Data Protection Act 2018 (the “Data Protection Legislation”).

References to “you” include all individuals whose personal information we collect, hold and process in the course of operating our businesses and our Website.

Our Privacy Officer is Tracy Clarke. Contact details are:

Somerston Group Limited, 45 Esplanade, St Helier, Jersey Channel Islands, JE2 3QB.

E-mail:tracy.clarke@somerston.com

Telephone: + 44 1534 822391

Your rights

Under the Data Protection Legislation you have the following rights:

To obtain access to, and copies of, the personal data that we hold about you;
To require that we cease processing your personal data if the processing is causing you damage or distress;
To require us not to send you marketing communications;
To ask us to erase your personal data if it is no longer necessary in relation to the purposes for which we collected it.;
To require us to restrict our data processing activities;
To receive from us the personal data we hold about you which you have provided to us, in a structured, commonly-used electronic format specified by you, including for the purpose of you transmitting that personal data to a third party;
To require us to correct the personal data we hold about you if it is incorrect; and
Where we process your personal data with your consent, to withdraw your consent at any time.

Please note that the above rights are not absolute, and we may be entitled to refuse requests where exceptions apply.

You can find out more about your rights at https://ico.org.uk/your-data-matters/.

If you have any questions about how we use your personal data, or you wish to exercise any of the rights set out above, please contact our privacy officer.

If you are not satisfied with how we are processing your personal data, you can make a complaint to the Information Commissioner’s Office, by following the instructions listed on their website at www.ico.org.uk. You may have the right to appeal any decision made by the Information Commissioner in respect of your complaint.

How we collect your data

We collect your personal data in a number of ways, for example:

From the information you provide to us when you meet us;
From information about you provided to us by your company or an intermediary;
When you communicate with us by telephone, fax, email or other forms of electronic communication. In this respect, we may monitor record and store any such communication;
When you complete (or we complete on your behalf) client on-boarding or application or other forms;
From your agents, advisers, intermediaries, and custodians of your assets;
From publicly available sources or from third parties, most commonly where we need to conduct background checks about you.

The categories of personal data we collect

We may collect the following categories of personal data about you:

Your name and contact information such as your home or business address, email address, telephone number and/or IP address;
Biographical information which may confirm your identity including your date of birth, tax identification number and your passport number or national identity card details, country of domicile and/or your nationality;
We may collect your IP (Internet Protocol) address to help diagnose problems with our server, and to administer our Site. An IP address is a number that is assigned to your computer when you use the Internet. This information does not contain any personally identifiable information about you. Your IP address is also used to help identify you during a particular session and to gather broad demographic data (e.g. what part of the country you are connecting from);
Information relating to your financial situation such as income, expenditure, assets and liabilities, sources of wealth, as well as your bank account details;
Information about your knowledge and experience in the investment field;
An understanding of your goals and objectives in procuring our services;
Information about your employment, education, family or personal circumstances, and interests, where relevant; and
Information to assess whether you may represent a politically exposed person or money laundering risk

We may hold personal data about you in one, several or all of the above categories.

We will only collect, use and otherwise process information revealing racial or ethnic origin, political opinions, religious beliefs, criminal offences, or relating to your health or sexual orientation or otherwise, which is treated by applicable data protection laws as a “sensitive” or “special” category of personal information, where and only to the extent that we are permitted or required to collect, use and process such information:

Under applicable laws (for example for the purposes of our anti-money laundering checks);
In connection with legal claims or court proceedings, or for the purpose of obtaining legal advice or otherwise establishing or defending legal rights; or
Because it is necessary to protect your vital interests, or the vital interests of a third party, and you are unable to give consent or we cannot reasonably obtain your consent.

The basis for processing your personal data (other than with your consent), how we use that personal data and whom we share it with –

(i) Performance of a contract with you

We process your personal data because it is necessary for the performance of a contract to which you are a party or in order to take steps at your request prior to entering into a contract with you.

In this respect, we use your personal data for the following activities:

To prepare a proposal for you regarding the services we offer;
To provide you with the services as set out in a Client agreement with you or as otherwise agreed with you from time to time;
To deal with any complaints or feedback you may have;
For any other purpose for which you provide us with your personal data.

In this respect, we may share your personal data with or transfer it to the following:

Your agents, advisers, intermediaries, and custodians of your assets who you tell us about;
Other corporate entities in the same corporate group to the entity in which you hold office, and where that entity is the one we have a contractual arrangement with;
Third parties whom we engage to assist in delivering the services to you;
Our professional advisers where it is necessary for us to obtain their advice or assistance, including lawyers, accountants, IT or public relations advisers;
Other third parties such as intermediaries who we introduce to you. We will wherever possible tell you who they are before we introduce you; and
Our data storage providers.

(ii) Legitimate interests

We also process your personal data because it is necessary for our legitimate interests, or sometimes where it is necessary for the legitimate interests of another person. In each case, we will only process your personal data as long as your interests do not override our own.

In this respect, we use your personal data for the following:

Marketing to you. In this respect, see the separate section on Marketing below;
Training our staff or monitoring their performance;
Furthering our business interests;
Seeking advice on our rights and obligations, such as where we require our own legal advice;

In this respect we will share your personal data with the following:

Our advisers or agents where it is necessary for us to obtain their advice or assistance; and
With third parties and their advisers where those third parties are acquiring, or considering acquiring, all or part of our business.

(iii) Legal obligations

We also process your personal data for our compliance with a legal obligation which we are under.

In this respect, we will use your personal data for the following:

To meet our compliance and regulatory obligations, such as compliance with anti-money laundering laws; and
As required by tax authorities or any competent court or legal authority.

In this respect, we will share your personal data with the following:

Our advisers where it is necessary for us to obtain their advice or assistance;
Our auditors where it is necessary as part of their auditing functions;
With third parties who assist us in conducting background checks; and
With relevant regulators or law enforcement agencies where we are required to do so.

Marketing

We will send you information about our activities, such as newsletters, factsheets and invitations to attend investment events, but only if you give consent. We may communicate with you in a number of ways including by post, telephone, email, SMS or other digital channels.

You may withdraw your consent, amend your preferences or update your contact details at any time by contacting our privacy officer.

Social Networking

The views and opinions of our Directors and employees, as published on social networking websites such as, but not limited to LinkedIn, Twitter and Facebook, do not necessarily reflect our own. Social networking website posts are not intended as legal or financial advice and should not be relied on as such.

Reference to any specific commercial products, processes, or services by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement or recommendation by Somerston, nor shall any information or statements contained on social networking websites be used for the purposes of advertising, or to imply an endorsement or recommendation.

With respect to any documents available from social networking websites, neither Somerston nor any of its employees make any warranty, express or implied, including but not limited to the warranties of merchantability and fitness for a particular purpose. Further, neither Somerston nor any of its employees assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product or process disclosed; nor do they represent that its use would not infringe privately owned rights.

Transfer and processing of your personal data outside the European Union

When sharing your personal data with third parties as set out in this Privacy Notice, it may be transferred outside the UK or the European Union. In these circumstances, your personal data will only be transferred on one of the following bases:

the country that we send the personal data to is approved by the European Commission as providing an adequate level of protection for personal data;
the transfer is to a recipient in the United States of America who has registered under the EU/US Privacy Shield;
the recipient has entered into European Commission standard contractual clauses with us;
the recipient is a corporate body in the same corporate group to the entity in which you hold office, and is the entity with whom we have a contractual arrangement;
a Somerston Group company, and there are legitimate reasons for the data transfer; or
you have explicitly consented to the same.

To find out more about transfers by us of your personal data outside the European Union and the countries concerned please contact our privacy officer.

Retention of your data

We will only retain your personal data for as long as we have a lawful reason to do so. In particular:

where we have collected your personal data as required by anti-money laundering legislation, including for identification, screening and reporting, we will retain that personal data for at least ten years after the termination of our relationship, unless we are required to retain this information by another law or for the purposes of court proceedings; or
otherwise, we will in most cases retain your personal data for a period of six years after the termination of our contractual or other relationship with you in case any claims arise out of the provision of our services to you.

Your acceptance of this policy

By using this Site, you signify your acceptance of our Privacy Policy. If you do not agree to this policy, please do not use our Site. We reserve the right, at our discretion, to change, modify, add, or remove portions from this policy at any time so visitors are encouraged to review this policy from time to time. Your continued use of our Site following the posting of changes to these terms means you accept these changes.

Policy last updated on: 29 January 2019