Privacy Policy - Lockhart Asset Management

Privacy Statement

Pacific Capital Partners Limited, trading as Pacific Asset Management (PAM), values your right to privacy and security and therefore treats Personal Data, as defined in the General Data Protection Regulation (GDPR) as private. We are committed to protecting the privacy of any information we hold about you and we have summarised our policies regarding the collection, use and transfer of your personal data, the security measures we employ to protect such data and your rights and choices with regard to access or use of such data.

In adopting this Notice, we wish to balance our legitimate business interests and your reasonable expectation of privacy. Accordingly, we will take appropriate and reasonable technical and organisational steps to prevent unauthorised access to, or disclosure of your personal data.

In keeping in line with our commitment to providing you with secure access, this Notice may be varied from time to time and we would advise that you check it regularly.

Data Controller

Pacific Capital Partners Limited (“we”, “us” or “our” in this Privacy Notice) is the data controller and is responsible for your personal data. We are registered on the Information Commissioners – Data Protection Public Register and our registration number is: ZA565204

Personal Data

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

Types of data we have, how we collect it and why we have it

We may collect and process the following personal data about you:

- Information that you provide to us directly. This includes (by way of a non-exhaustive list) basic personal data such as first name; family name; job title; company name; company email address; business phone number; business address; city; postcode; and country; identity/address documents.

- Information that we collect or generate about you. This includes (by way of a non-exhaustive list):
  - a file with your client records and contact history to be used for enquiry purposes;
  - details of site and marketing/communication preferences.

Information we obtain from other sources indirectly. This includes:

- - Cookies. When you visit our website, cookies are used to collect information about the services that you use, and how you use them. Cookies are essentially a small amount of data which is transferred to and sometimes updated on your computer or other devices by our web servers. For more information on the cookies used by PAM please see our Cookie Policy.
  - Anonymised data. In addition to the categories of personal data described above, we will also process further anonymized information and data that is not processed by reference to a specific individual.

Special Categories of Personal Data. We do not collect any Special categories of personal data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

Under the GDPR, the lawful basis we rely on for processing your personal data are:

We have your consent. You can withdraw your consent at any time using the contact details below;

We need to use the information to perform a contract with you where we maintain a business relationship with you;

We need to use the information to comply with our legal and regulatory obligations and /or in connection with any legal claims;

We have a legitimate interest where we are providing you with information about our products or services.

How we use and process the data we collect

Personal data is used as is appropriate in the normal course of business to provide the products and services you have requested, for the purpose/s for which we tell you that such information has been collected and for other legitimate purposes permitted by applicable law.

While we will retain certain personal information we have collected only for as long as necessary given the purpose for which it was collected, we may store information for the purposes of investment transaction processing and administration, to monitor our site and to communicate with you directly, and you expressly consent to this. We will also be able to tailor our content and give you information that is relevant to you. If you advise us that you do not want us to use this information as a basis for further contact, we will respect your wishes.

PAM will disclose information when required to do so: (1) by a court order; (2) by any regulatory authority and the regulators they appoint for the various financial sectors; (3) in order to comply with PAM’s legal and regulatory obligations in terms of any legislation or regulation applicable to PAM and its business dealings (including fraud prevention and anti-money laundering); (4) in order to exercise, protect and defend PAM’s rights and property (including PAM’s intellectual property); (5) in order to conduct required credit or background checks; (6) on the reasonable request of a fund in which you have invested; and (7) in the public interest.

You acknowledge that we may disclose your personal data within the Pacific Investments Group and you expressly consent to this.

We will not disclose or transfer personal data to third parties for the purposes of marketing.

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 reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the relevant rules, where this is required or permitted by law.

International transfers

PAM is a global business, with customers and our operations spread around the world. As a result, we collect and transfer certain personal data on a global basis. That means that we may transfer your data outside the European Economic Area (EEA).

Where we transfer your personal data to another country outside the EEA, we will ensure that it is protected and transferred in a manner consistent with legal requirements. In relation to data being transferred outside of Europe, for example, this may be done in one of the following ways:

the country that we send the data to might be approved by the European Commission as offering an adequate level of protection for personal data;
the recipient might have signed up to a contract based on ‘model contractual clauses’ approved by the European Commission, obliging them to protect your personal data;
in other circumstances the law may permit us to otherwise transfer your personal data outside Europe.

You can obtain more details of the protection given to your personal data when it is transferred outside Europe by contacting us.

Data security and integrity

PAM is committed to keeping your information secure and confidential.

PAM is dedicated to being at the forefront of information security to protect the privacy and confidentiality of your personal information. We take every reasonable step to protect your personal information, including the use of encryption technology. We can, however, not guarantee the security of any information you transmit to us electronically and you do so at your own risk.

We implement strict security standards and procedures in order to help prevent unauthorised access to your personal information. Only authorised PAM employees or agents will have access to your information, and all of our employees, service providers and marketing partners are held to stringent standards of privacy and security and are bound by confidentiality agreements.

We use our best efforts to ensure that data is accurate, complete, current and reliable for its intended use. We use appropriate technical and organisational measures and safeguards to help protect your personal data from unauthorised access, misuse, alteration or loss. Our internal policies and procedures are designed to help ensure we safeguard the privacy and accuracy of all data we collect or process.

To the extent that we disclose personal data to approved third parties, we will request that they properly protect the security and confidentiality of such information and otherwise process such data in accordance with applicable law.

How long we keep your data

We will only keep the data collected about you for as long as required for the purposes set out above or as required to comply with any legal obligations to which we are subject.

PAM reviews the data it holds on a regular basis and your information will be securely destroyed if it is no longer required for the purpose(s) for which it was obtained.

Your data protection rights

You have the right to:

access your personal data; you can ask us for copies of your personal information;
have it updated or corrected if it is inaccurate or incomplete;
request that we restrict its processing or remove your data entirely from our systems. When asked to remove a record from our database, PAM will retain minimal information to ensure we do not contact you or collect such information again in the future.
object to the processing of your personal data in certain circumstances;
have the personal data we hold about you erased in certain circumstances. If you would like us to delete all your related data, or if you prefer that we unsubscribe you from our marketing mailing list, please specify your preference by contacting us at [email protected]
ask that we transfer the information you gave us to another organisation, or to you, in certain circumstances.

You are not required to pay any charge for exercising your rights. If you make a request, we have one month to respond to you. Please contact us using the details below if you wish to exercise any of your rights relating to your personal information.

Changes to the Privacy Notice

PAM reserves the right to modify or amend the Privacy Notice at any time and for any reason, as permitted by applicable law. If there are material changes to the Privacy Notice, those changes will be posted here.

By using the site, you are accepting the terms of this Privacy Notice and you consent to the collection, processing, further processing and storage of your personal information as contemplated in this Privacy Notice.

Date of last review: January 2023

Use of Cookies

Cookies are small text files consisting of encrypted information assigned to a computer’s browser, which is given to your browser by our web server when you visit our website. This data is stored on your browser. The cookie is sent back to our web server each time you visit our website. Cookies are not computer programs and do not run on a computer like programs do. They cannot gather information or function on their own. They cannot collect any personal information about you or your machine and cannot gather data or information about what you do on the Internet. Cookies merely enable us to provide a more valuable online experience to you. While you can set up your Internet browser to disable cookie technology, we do not recommend that you do this since some parts of this website may not function properly, or at all.

Please note that other organisations or service providers who upload information to or on the site may also use cookies, over which we have no control.

Please refer to our Cookie Policy (available on our website) for further detail.

Monitoring the site

We gather and analyse information on our visitors’ routine visits to this site. We use this information to monitor which areas of the site are most frequently visited in order to assist us to continue developing a value-added service. This information is pooled so that individual personal information, behaviour or patterns cannot be identified.

Use of IP address

An IP address is a number that is automatically assigned to a computer whenever it is connected to the Internet. We log IP addresses or the location of computers on the Internet.

We collect IP addresses for the purposes of system administration and to audit the use of the website. We do not ordinarily link IP addresses to personal data, which means that your session may remain anonymous. However, we cannot guarantee that this will always be the case, as it may be necessary to identify a particular user when it is necessary to enforce compliance with the Privacy Notice or to protect our website, its users or other interests.

Links to other sites

When you are using the website, you could be directed to other websites that are beyond our control. These other web sites may send their own cookies to you to collect data or solicit personal information. We do not control the privacy policies of those third party web sites.

Legal disclaimer

Information contained on the website is updated on a regular basis. Due to the nature of the information posted, it becomes outdated rapidly. Users are therefore cautioned to independently verify the correctness of information contained on the website that may have become outdated.

Pacific Capital Partners Limited accepts no liability of any sort resulting from reliance being placed upon outdated information contained on the website by any user or other person.

Whilst every effort is made to represent accurate financial and technical information on an ongoing basis, inadvertent errors and typographical inaccuracies may occur. Information, laws, rules and regulations may also change from time to time. Information contained on the website is therefore made available without any express or implied representation or warranty whatsoever, and PAM disclaims liability for any expenses incurred, or any damage, claims or costs sustained by users arising from the reliance being placed on the use of links, services or any information or representations contained on the website.

Our contact details

If you have any questions about this Privacy Notice, please contact us at:

Tel : +44 (0)20 3970 3100

Email : [email protected]

Post :
Pacific Asset Management
74 Wigmore Street
London
W1U 2SQ
United Kingdom

How to complain

You can contact us at the above details if you wish to raise a complaint.

You can also complain to the Information Commissioners Office if you are unhappy with how we have used your personal information.

Their contact details are:

Information Commissioner’s Office

Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Helpline number: 0303 123 1113

Pacific Asset Management is a trading name of Pacific Capital Partners Limited,
authorised and regulated by the Financial Conduct Authority.
© 2018 Pacific Asset Management LLP All rights reserve

The Site has been approved for issue in the UK by Pacific Capital Partners Limited trading as Lockhart Asset Management. Pacific Capital Partners Limited is authorised and regulated by the Financial Conduct Authority ("FCA"), and is entered on the Financial Services Register with the firm reference number 171200. Pacific Capital Partners Limited is part of a global group of businesses known as Pacific Investments which is ultimately owned by Pacific Investments Limited. Pacific Capital Partners Limited is registered in England with its registered office at 74 Wigmore Street, London, W1U 2SQ.

Unless otherwise stated in relevant sections of the website, this website is targeted at investors who are generally classified as qualified, professional, accredited or institutional. The information contained in this website is directed only at persons in a country or jurisdiction where access to the information and the use thereof is not contrary to local law or regulation. It is your responsibility to be aware of and to observe all applicable laws and regulations of any relevant jurisdiction when accessing the information contained in this website. In particular, no offer or invitation is made to any US persons (being residents of the United States of America or partnerships or corporations organised under the laws of the United States of America or any state, territory or possession thereof), who are excluded from the services, funds and products included in this site. There will be no public offering of services, funds and products in the United States. The services, funds and products will not generally be available to U.S. Persons.

Should you wish to contact us please refer to the Contact Us link which can be found on each page of the Site.

In these Terms

'Content' means all pages, screens, information and materials included in or accessible through this Site (including any content available on any email or SMS services).
'you', 'your' and 'yours' means you, the person(s) accessing this Site and the party on whose behalf you are doing so.
'we', 'us' and 'our' means Pacific Capital Partners Limited.
'Pacific / Pacific Group' means Pacific Investments Limited, its subsidiaries and associated companies from time to time.

Terms

These Terms cover your use of this Site. All products and services provided by members of the Pacific Group have their own terms and conditions (the 'Product Terms'). You must read both the Product Terms and these Terms. To the extent that the Product Terms conflict with these Terms or any Local Sites' terms and conditions then the Product Terms will prevail.

We are required by law to tell you that the terms and conditions are in English and that we will communicate with you in English.

From this Site we may provide information or hyperlinks to other websites or pages provided by other entities within the Pacific Group ('Local Sites') and other parties. Your use of Local Sites and other parties' sites may be subject to their own terms and conditions. You should read them.

This Site is intended for those who access it from within the United Kingdom. Because of this we cannot guarantee that the Site, or the information thereon, complies with the local laws or regulations of, or is appropriate for use in, any other jurisdiction from which you access it. If you choose to access this Site from a jurisdiction other than the United Kingdom you do so at your own risk and the Pacific Group will not be liable for any breach of local law or regulation that you commit as a result of doing so.

Please make sure you read carefully all applicable terms, conditions and disclaimers relevant to your use of the products, services or information that may be offered to you from time to time.

If any part of these Terms is found by any court or other competent authority to be invalid, unlawful or unenforceable then such part shall be severed from the rest of the Terms which shall continue to be valid and enforceable to the fullest extent permitted by law.

Changes to our Terms

You acknowledge that we may amend these Terms from time to time, at our sole discretion. If we elect to amend these Terms, the revised version will be posted on the Site. You undertake to check the Site regularly for any changes we may have made since your last visit to the Site, since any such changes will be binding on you. By using the Site after we have changed or amended these Terms, you acknowledge that you will be accepting those changes or amendments.

These Terms & Conditions were last updated October 2024.

Availability of site, products and services

The Content, including layout, of this Site or products or services available via this Site may be wholly or partially suspended, withdrawn or changed at any time.

We also reserve the right at any time to immediately suspend the provision of all or any part of this Site to you and/or block your access to this Site.

The provision of financial services or products

Not all the products and services that you may be able to view via the Site are available in all geographical locations. The relevant Pacific Group member reserves the right to make the final determination on whether or not you are eligible for any particular product or service.

If you choose to enter a website outside your country of residence, you are advised that it may not be legal in that jurisdiction for you to access or use the facilities available on that site and the legal requirements of that jurisdiction may prohibit you from dealing or otherwise transacting in that jurisdiction. No member of the Pacific Group will be liable for any breach of local law or regulation that you may commit as a result of using and accessing a website in a country in which you are not resident.

Please be aware that some of the products and services listed within the Site and those provided by any other Pacific Group members or third parties that may be accessed via a link from this Site may not be suitable for all investors. Always read the product information fully before committing to any contractual agreement.

All products or services provided to you by us or any other Pacific Group member shall only be available in the jurisdiction/s within which the member providing the product or service is authorised to operate.

You agree that any of the products or services provided to you by us or any other Pacific Group member shall be deemed to be provided in the jurisdiction within which the member providing the product or service is authorised to operate.

No offer

Information or opinions contained on this Site or in any Local Sites do not constitute an offer to sell or a solicitation, or offer to buy, any securities or financial instruments or investment advice or any advice or recommendation in respect of such securities or other financial instruments.

Should you seek to rely in any way whatsoever upon any Content contained on this Site, you do so at your own risk.

Before you make any decision or take any action that might affect you or your personal finances or business, you should always consult a suitably qualified professional adviser(s) to obtain appropriate financial, legal, accounting, tax and other advice.

Investment performance

Please note that the value of investments and the income derived from them may fluctuate and an investor may not receive back the amount originally invested. Where past performance is shown it refers to the past and should not be seen as an indication of future performance. The value and any income arising from any investment referred to on this Site may go down as well as up. In particular you may not get back the full amount invested. Where overseas securities are held the rate of currency exchange may cause the value of the investment to go up as well as down. Any forecast, projection or target is indicative only and is not guaranteed in any way. We accept no liability for any failure to meet such a forecast, projection or target.

In the case of investments for which there is not a recognised market it may be difficult for investors to sell their investment or to obtain reliable information about its value or the extent of the risks to which it is exposed.

The information on this Site is based on understanding of current law, regulation and HM Revenue & Customs practice at the time of going to press. Future changes in law, regulation, tax levels or HMRC practice could affect the information on this Site.

No warranties

Other than the warranties and representations contained in these Terms, all other warranties and representations, whether express, implied or statutory are, to the fullest extent permitted by the law, excluded. We do not exclude or restrict our liabilities or duties to you where or to the extent that this is prohibited by law or regulation. Use of this Site is at your sole risk.

We do not represent that:

any information contained on this Site will be accurate, complete or up to date or meet your specific requirements,
this Site will be available,
access to this Site will be uninterrupted or that there will be no delays, failures, errors or omissions or loss of information as this Site is transmitted to you,
no viruses or other contaminating or destructive materials or elements will be transmitted or that your computer system will not be damaged.

We do not provide any guarantee about the accuracy, functionality or performance of any third party software, Content or equipment used in connection with this Site.

Exclusion of our liability

To the extent permitted by law, neither we nor any member of the Pacific Group shall be liable for any damage, loss or liability (whether arising in contract, tort, including negligence, or otherwise) arising out of or in connection with:

your use of this Site,
your reliance on or your inability to use the information, products or services on this Site, or
Any failure or performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure to this Site or your use or attempted use of it.

The above exclusions apply to any damage which is direct, indirect, special, incidental or consequential or consists of loss of profits, business, opportunity or data.

All of the above exclusions apply even if you have advised us or any other member of the Pacific Group of the possibility of the above types of damage, loss or liability.

Password and security

In order to use the Site or one or more parts of it, you may be required to become a registered user. In order to become a registered user we will issue you with one or more of the following, namely, registered username, password other security identifier ('Password') in accordance with our procedures in place from time to time.

You will keep your Password secret and confidential at all times. Your Password will allow you to access your personal and confidential account and/or financial information.

You must tell us immediately of any unauthorised access to the Site using your Password or any unauthorised transaction or instruction which you know of or suspect of if you suspect someone else knows your Password. We will need you to help us and any law enforcement agency in trying to recover any losses. We may disclose information about you or your account to a law enforcement agency or other third parties if we think it will help prevent or recover losses.

You are wholly responsible for use of the Site by any person using your Password.

We reserve the right to suspend access to the Site in the event that we suspect that an unauthorised person is attempting to access the Site using your Password.

Your obligations

Security - it is your sole responsibility adequately to:

protect and back up your data and equipment,
undertake reasonable and appropriate precautions against any computer virus or other destructive materials or elements, and
ensure that your computers and your access to this Site are adequately secured against any unauthorised users.

Your use of this Site - you may not use this Site or permit others to use this Site:

in any way (including via electronic means) and for any purpose which is unlawful, defamatory or libelous, offensive, abusive, indecent, menacing or threatening or in any way that infringes any intellectual property rights or breaches any obligations of confidence, or
to cause annoyance, inconvenience or needless anxiety to any other person or in any other way which is in violation of any applicable law or regulation in any jurisdiction in the world, or
to introduce a virus or other disruptive material or element or otherwise disrupt or impair this Site or any communication service.

You undertake to comply with any terms notified to you as required from time to time by any third party supplier of data or services to this Site, including but not limited to, where necessary, entering into a direct agreement with such third party in respect of your use of their data.

Third party site and endorsement

Links to Third Party Sites - where we provide hypertext links to other locations on the Internet, we do so for information purposes only. We are not responsible for the content of any websites or pages of third parties linked to or from this Site. Following links to any websites or pages of third parties shall be at your own risk. We shall not be responsible or liable for any damages or in any other way in connection with such linking of those websites or pages.
Downloads from Third Party Sites - links to third party downloadable software sites are for convenience only and we are not responsible nor are we liable for any difficulties or consequences associated with downloading that software. You are responsible for obtaining all necessary authorisations to use such software and we give no implied licence or warranty in relation to the obtaining of or use of such software whatsoever.
No Endorsement of Third Parties - no endorsement, approval or responsibility for appropriateness of any third parties or their advice, opinions, information, products or services is expressed or implied by any hyperlinks to or from any third party websites or pages.

Links to our site

Neither you nor any other party may use any part of this Site on any other website, or link any other website to this Site, without our prior written permission.

We are not responsible for the set-up of any link from a third party website to our Site.

Neither you nor any other party may deep link to, frame, spider, harvest or scrape the Content or otherwise access the Content for any purposes, or use any machine, electronic, web based or similar device to read or extract the Content by machine based or automated means, without our prior written permission.

Intellectual property rights

Our Rights - all intellectual property rights (including, without limitation, copyright, database rights, design rights, patents and trademarks) in the Content are owned by or licensed to us unless otherwise stated.
LAM - ‘Lockhart Asset Management’ and the Lockhart logo are trademarks of Lockhart Capital Management LLP and all rights and benefits in them vest in Lockhart Asset Management LLP.
Copying by you and your access to the Site - you may print, copy, download or temporarily store extracts from this Site for your personal use or to help you use our products and services. You must not alter any extract contained on or obtained from this Site in any form. Any other use is prohibited unless you first get our written permission. Without limiting the above, unless you first get our written consent, you may not reproduce, modify, adapt, transmit, publish, broadcast, create derivative works of, store, archive or in any way exploit any of the Content. Without limitation, neither you nor any other party may do any of the following without prior written consent from us:
- create any data base in electronic or structured manual form by systematically downloading and storing all or any of the Content; or
- redistribute any of the Content (including by using it as part of any syndication, content aggregation, archive or similar service); or
- remove the copyright or trademark notice from any copies of Content made in accordance with these Terms.

Internet and e-mail communications

Messages sent over the Internet (including e-mail) cannot be guaranteed to be completely secure as they are subject to possible interception, monitoring, delay, loss or alteration.

Neither we nor any other member of the Pacific Group are responsible for any such messages nor liable to you or anyone else for any damages or otherwise in connection with any messages sent by you to us or any other party or any messages sent or appearing to be sent by us or any third party to you over the Internet (including e-mail). You should not include any sensitive or confidential information in such messages.

Our monitoring of communication

To help us improve our service and in the interest of security, we may monitor and/or record communications (whether over the Internet, telephone or otherwise) between you and us. All recordings are our sole property.

Data protection and Privacy

We are committed to protecting your privacy. All information gathered from you in connection with your use of the Site or any Local Site will be maintained in accordance with the applicable privacy policies disclosed for this Site (see our Privacy & Security Statement / Use of Cookies) or any of the Local Sites.

Cookies

You should read our Privacy & Security Statement / Use of Cookies to find out more about how Pacific and our trusted partners use cookies, which is relevant to your online security: we use cookies to make our website more secure and easier to use.

Governing Law

These Terms are governed by and are to be interpreted in accordance with the laws of England and Wales.

The courts in England and Wales will have non-exclusive jurisdiction in respect of any dispute which may arise in connection with the Terms or your use of this Site.

Lockhart Asset Management
74 Wigmore Street
London
W1U 2SQ

+44 (0)20 7225 2250

Lockhart Asset Management is a trading name of Pacific Capital Partners Limited,
authorised and regulated by the Financial Conduct Authority.