Privacy Policy - North of South Capital

Privacy Statement

1. Introduction

North of South Capital LLP respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

2. Important information and who we are

Purpose of this privacy policy

This privacy policy aims to give you information on how we collect and process certain personal data through your use of our website.

It is important that you read this privacy policy together with any other privacy policy we may provide on specific occasions when we are collecting or processing personal data about you (including and in particular the specific privacy policies of our investment vehicles) so that you are fully aware of how and why we are using your data. This privacy policy supplements such other notices and privacy policies and is not intended to override them.
Controller

North of South Capital LLP (“we”, “us” or “our” in this privacy policy) 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: ZA484504

We have established a data protection officer (the “DPO”), who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the DPO using the details set out below.
Contact details
If you have any questions about this privacy policy or our privacy practices, please contact our DPO in the following ways:

Name: Arnoud Van Leeuwen
Email address : [email protected]
Postal address : North of South Capital LLP,
7 Chesham Mews,
London
SW1X 8HS,
United Kingdom
Telephone Number: +44 (0) 207 152 6060

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk).

We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

Changes to the privacy policy and your duty to inform us of changes

We keep our privacy policy under regular review. This version was last updated in May 2024. Historic versions can be obtained by contacting the DPO as above. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-party links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

3. The types of personal data we collect

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).

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

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

• Information we obtain from other sources. This includes:

1. 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 North of South Capital LLP please see our Cookie Policy (http://www.northofsouth.com/legal/cookies-policy/)

2. 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.

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.

4. How we use your personal data

4.1 Your personal data may be stored and processed by us in the following ways and for the following purposes:

• for ongoing review and improvement of the information provided on our websites to ensure they are user friendly and to prevent any potential disruptions or cyber-attacks;
• to conduct analysis required to detect malicious data and understand how this may affect your IT system;
• for statistical monitoring and analysis of current attacks on devices and systems and for the on-going adaptation of the solutions provided to secure devices and systems against current attacks;
• to understand your needs and interests;
• for the management and administration of our business;
• to communicate with you in order to provide you with services or information about North of South Capital LLP and its services, products and funds; or
• in order to comply with and in order to assess compliance with applicable laws, rules and regulations, and internal policies and procedures.

4.2 However we use personal data we make sure that the usage complies with law and the law allows us and requires us to use personal data for a variety of reasons, including but not limited to the following:

• in order to perform our contractual obligations;
• where we have obtained your consent;
• where we have legal and regulatory obligations that we have to discharge;
• where we may need to do so in order to establish, exercise or defend our legal rights or for the purpose of legal proceedings;
• the use of your personal data as described is necessary for our legitimate business interests, such as:
• allowing us to effectively and efficiently manage and administer the operation of our business; and
• maintaining compliance with internal policies and procedures.

4.3 We will take steps to ensure that your personal data is accessed only by employees of North of South Capital LLP that have a need to do so for the purposes described in this Privacy Notice.

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please refer to our Cookie Policy (http://www.northofsouth.com/cookie-policy/)

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 above rules, where this is required or permitted by law.

5. Disclosures of your personal data

5.1 We may share your personal data within North of South Capital LLP for the purposes described above.

5.2 We may also share your personal data outside of North of South Capital LLP for the following purposes:

• with third-party agents and contractors for the purposes of providing services to us (for example, our accountants, professional advisors, and IT and communications providers). These third parties will be subject to appropriate data protection obligations and they will only use your personal data as described in this privacy notice and in accordance with our instructions;

• to the extent required by law, for example if we are under a duty to disclose your personal data in order to comply with any legal obligation (including, without limitation, in order to comply with tax reporting requirements and disclosures to regulators), or to establish, exercise or defend our legal rights; and/or

• with third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

6. International transfers

North of South Capital LLP 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 as described in section 2 above.

7. Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed.

In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to now. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

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

8. Data retention

How long will you use my personal data for?
How long we will hold your personal data for will vary and will be determined by the following criteria:

• the purpose for which we are using it – we will need to keep the data for as long as is necessary for that purpose; and
• Legal obligations – laws or regulation may set a minimum period for which we have to keep your personal data.

9. Your legal rights

In all the above cases in which we collect, use or store your personal data, you may have the following rights and, in most cases, you can exercise them free of charge. You have the right, among other things, to:

• Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
o If you want us to establish the data’s accuracy.
o Where our use of the data is unlawful but you do not want us to erase it.
o Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.

o You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

• Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

• Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact the DPO as detailed above.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

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 access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We endeavour to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In such case, we will notify you and keep you updated.

This website is meant for professional investors only

If you are not a professional investor please click here.

Important Legal Information

ACCEPTANCE

You acknowledge and agree that access to this website (the “Site”) is provided only in accordance with these Terms & Conditions. By accessing this Site, you agree to be bound by the following terms and conditions (the ‘Terms’). Before using this Site, you should carefully read the Terms, our Privacy and Cookie Policy. If you do not agree to these Terms & Conditions, please do not make use of this Site.

The Site has been approved for issue in the UK by North of South Capital LLP, which is authorised and regulated by the FCA (FRN 403114). North of South Capital LLP is registered in England and Wales (Registration number: OC309016) with its registered office at 85-87 Bayham Street, London, England, NW1 0AG.

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.

Should you wish to contact us please refer to the Contact Us link.

This disclaimer applies to the entire contents of the Site and contains important information explaining the rights of any visitor to the Site (“you” or “your”) to access and use the Site. You should pay particular attention to the ‘Disclaimer of Liability’ section as this excludes or limits our legal liability in connection with your use of the Site. The information, material and content provided within the Site may be changed at any time without notice. We may also make changes to this disclaimer at any time without notice by updating these pages. You should review this section of the Site whenever you access the Site and your continued access to or use of the Site shall constitute proof of such review and your agreement to the latest published version of this disclaimer.

Certain provisions of this disclaimer may be superseded by expressly designated legal or regulatory notices or terms located on particular pages of the Site or on materials that are downloadable from the Site.

We do not warrant or otherwise promise that the Site, use of the Site or this disclaimer (in whole or in part) are in compliance with laws or available for use in locations from which you are accessing the Site. If you choose to access this Site, you do so at your own initiative and are responsible for compliance with local laws.

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. 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.

These Terms & Conditions were last reviewed in May 2024.

Disclaimer of Liability

All material on the Site is for information only and does not address the circumstances of any particular individual or entity. The information on the Site is not intended to be comprehensive or complete may not be up-to-date and should not be relied on as such. The firm does not assume or accept any responsibility or liability in relation to either the availability of the Site or the information on it. All information is provided “as is”, without any warranties of any kind and at your sole risk. We make no representations and disclaim all express and implied warranties and conditions of any kind in relation to information on the Site.

Whether or not advised of the possibility, neither North of South Capital LLP, nor any other party involved in creating, producing, maintaining or delivering the Site shall be liable for any kind of loss or damage that may be suffered or claimed by you (or any person claiming under or through you) or to any third party, which arises in connection with the use of, inability to use or the results of use of the Site and any websites linked to the Site or the material on the Site or such other websites, whether such losses or damages are suffered directly or indirectly or are immediate or consequential and whether arising from negligence, breach of contract or otherwise.

Nothing in this disclaimer excludes or limits our liability for fraud, negligence, causing death or personal injury, or for any liability to the extent that it cannot be excluded or limited under the applicable law or regulatory requirements.

Intellectual Property Rights

The information contained in this website may not be reproduced, distributed or published for any purpose without the prior written consent of North of South Capital LLP.

Links To and From Other Websites

The hyperlinks within the Site may take you to third party websites which are not within our control. We have not reviewed these websites and are not responsible for their availability, accuracy or content or for any loss or damage that may arise out of your use of them. Access to third party websites is entirely at your own risk. You should read any terms and conditions applying to the use of any third party website that you visit and address any complaints or queries relating to such websites to the operator of that website. The inclusion of a link in the Site does not imply that we endorse, recommend or approve any material on the linked page or accessible from it.

You may not use any part of the Site on any other website or link any other website to the Site without prior written permission.

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.

Legal & Regulatory Information

Nothing on the Site constitutes or forms a part of any offer or solicitation of any offer for sale or subscription of or any invitation or solicitation to offer to buy or subscribe for, any securities, financial instruments or related instruments, nor should it or any part of it form the basis of or be relied upon in any connection with any contract or commitment whatsoever.

Nothing on the Site constitutes professional and/or financial advice, an information agreement, recommendation as to suitability or appropriateness, or an offer or solicitation to enter into any form of transaction. Certain products may be high risk and may not be suitable for all investors. Any discussion of the risks associated with a particular product or service should not be regarded as complete or comprehensive. Advice from a suitably qualified professional should always be sought in relation to any particular matter or circumstances.

This information is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use is contrary to local law or regulation.

The information included herein is not intended to be complete, and material aspects of the descriptions contained herein may change at any time. If you express an interest in investing, you should carefully review the applicable offering memorandum and risk factors disclosed therein prior to making a decision to invest. You should rely only on the information contained in the offering memorandum in making your decision to invest which is available on request from [email protected].

Our investments are available for professional clients and eligible counterparties due to the risk of liquidity within the funds. Such an investment will provide limited liquidity because interests in the fund will not be freely transferable and may be withdrawn infrequently and only under certain limited circumstances. There will be no public or secondary market for interests in the fund, and it is not expected that a public or secondary market will develop.

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