Privacy policy

This privacy policy (“Privacy Policy“), together with our website terms of use and any other documents referred to in it, set out the basis on which any information from which you can be identified, such as your name, contact details and ID data (“Personal Data“) is processed by Pemberton Capital Advisors LLP (as a member of the Pemberton asset management group, “Pemberton Capital Advisors“, “us“, “we” or “our“).

Your Personal Data is obtained by us from third parties (including our clients), when you visit the website https://pembertonam.com (the “Website“) (“you“), or when you otherwise provide it to us (for example, in a job application). Pemberton Capital Advisors is committed to ensuring that your privacy is protected, so please read this Privacy Policy carefully to understand our views and practices regarding your Personal Data and how we will treat it. By visiting and/or contacting us through the Website (or otherwise engaging with us), you acknowledge that we may collect, use and transfer your Personal Data as set out in this Privacy Policy.

For the purposes of this Privacy Policy, “Data Protection Legislation” means  any law applicable from time to time relating to the processing of Personal Data and/or privacy as the same may be re-enacted, applied, amended, superseded, repealed or consolidated, including without limitation, the General Data Protection Regulation (EU) 2016/679, the UK General Data Protection Regulation (as defined in the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019/419), the Data Protection Act 2018 and the Privacy and Electronic Communications (EC Directive) Regulations 2003, in each case including any legally binding regulations, directions and orders issued from time to time under or in connection with any such law. The data controller is Pemberton Capital Advisors LLP of 5 Howick Place, London, SW1P 1WG, UK in respect of any Personal Data that you provide to us or we otherwise obtain about you.

1             WHAT TYPE OF PERSONAL DATA DO WE COLLECT FROM YOU?

1.1          When you engage with us (e.g. by sending us emails, or by visiting the Website, making an enquiry through, or filling in forms on the Website), you may provide us with information about yourself including your name and contact details (e.g. your address, email address and telephone number) and your job title and CV where you apply for a role with us. If you consider investing with us, you may also provide us with your financial information and various other necessary Personal Data (e.g. your ID, proof of address, national insurance, social security or tax payer identification number, investment history and bank details). Where you make use of our Website we may also collect details of your visits to our Website (e.g. your IP address and choice of web browser, and the resources that you access).

1.2          We will only process your Personal Data where we have a legal basis for doing so. Our legal basis will be one of the following bases outlined below:

1.2.1      to perform a contract with you which we have in place with you;

1.2.2      to comply with our legal obligations to which we are subject; and

1.2.3      to pursue our legitimate business interests (namely to carry out and improve our business, analyse the use of our Website and services and support our customers/users).

1.2          If you fail to provide us with your Personal Data where requested, we may not be able to provide you with our services.

2             WHAT TYPE OF PERSONAL DATA DO WE COLLECT FROM OTHER SOURCES?

2.1          We may receive information from third parties who collect Personal Data from you and pass it on to us. For example: (i) where we are conducting due diligence on prospective investee companies or deciding whether to invest in third parties we may also receive Personal Data concerning key personnel; (ii) our staff may also give us emergency contact information as part of our emergency scenario planning and may give us details of their dependents and of other people in relation to their employee benefits arrangements; (iii) where another individual makes an investment on your behalf, they may provide us with certain Personal Data to effect the transfer of the investment to you, such as your name and contact details; (iv) your employer may provide your Personal Data to us in connection with a service they provide to us or in connection with services that we provide to our clients; (v) for successful candidates, we may receive data from background check providers which may involve employment history, credit checks, financial records and evidence of any criminal activity; (vi) we may collect information from publicly available sources such as business-and employment orientated social networking services and job boards for prospective candidates; and (vii) we may receive information from past employers and others concerning your employment history where you apply for a job with us.

2.2          Where this is the case the third party is responsible for informing you that they have shared your Personal Data with us, directing you to this Privacy Policy and obtaining any relevant consents from you to ensure you are happy with the ways in which your Personal Data will be used.

2.3          Further information about how we process your Personal Data if you become an employee of Pemberton is set out in our Employee Privacy Notice, contained in our Group Data Protection Policy.

3             SPECIAL CATEGORY DATA

3.1          “Special Category Data” is Personal Data concerning an individual’s (i) racial or ethnic origin; (ii) political opinions; (iii) religious or philosophical beliefs; (iv) membership of a trade union; (v) physical or mental health or condition; (vi) sexual life or orientation; or (vii) genetic or biometric data. Other sensitive data may include Personal Data concerning an individual’s  commission or alleged commission of any offence or any proceedings for any offence committed or alleged to have been committed by him/her, the disposal of such proceedings or the sentence of any court in such proceedings.

3.2          To the extent that we process any Special Category Data, we will only do so in accordance with the Data Protection Legislation.

4             PERSONAL DATA

4.1          We will only use Personal Data held about you in the following ways:

4.1.1      to carry out our obligations arising from any contracts entered into between you and us;

4.1.2      to provide you with information, products or services that you request from us and correspond with you;

4.1.3      to provide support to you in respect of our services;

4.1.4      to ensure that content from our Website is presented in the most effective manner for you;

4.1.5      where relevant, to process your application for potential employment with us or another member of our Group;

4.1.6      to comply with our own legal and regulatory obligations; and

4.1.7      for our internal business processes.

4.2          We may also use your Personal Data to provide you with information about goods and services which may be of interest to you and/or inform you about important changes or developments to our services by email where you have explicitly consented at the time we collected your Personal Data or where we otherwise have a legal right to do so.

4.3          If you do not want us to use your Personal Data in this way, please let us know by writing to us at Pemberton Capital Advisors LLP, 5 Howick Place, London, SW1P 1WG, UK or by emailing us your request to unsubscribe at info@pembertonam.com. You may also opt out of marketing emails by following the instructions outlined in the email communications that you receive from us.

5             DISCLOSURE OF PERSONAL DATA

5.1          We may disclose your Personal Data to any member of our Group* under the terms of our Intra-Group Data Sharing Agreement, which allows for the sharing of data with our subsidiaries, our ultimate holding company and its subsidiaries (as defined in section 1159 of the United Kingdom Companies Act 2006) in accordance with the Data Protection Legislation.

5.2          By submitting your Personal Data to us, you acknowledge that such third parties may receive and process your Personal DataWe ask all third parties to treat your Personal Data securely and in accordance with this Privacy Policy and will take reasonable steps to enforce this. We will never sell your Personal Data.

5.3          We may also pass your Personal Data outside of the Group to data processors acting on our behalf.

5.4          In addition, it may be necessary to disclose your Personal Data if:

5.4.1      we are under a duty to disclose or share your Personal Data in order to comply with any legal obligation, carry out an internal investigation, or in order to enforce or apply our terms of use and other agreements, or to protect the rights, property or safety of Pemberton Capital Advisors, our Group companies, customers or others, including exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction;

5.4.2      Pemberton Capital Advisors or substantially all of its assets are acquired by a third party, in which case Personal Data held by us about our customers and suppliers will be one of the transferred assets; or

5.4.3      we sell or buy any business assets, in which case we may disclose your Personal Data to the prospective seller or buyer of such business or assets.

6             HOW WE PROTECT YOUR PERSONAL DATA

6.1          The Personal Data you provide to us will be transferred to and stored securely on our servers or our Cloud hosted in the UK or EEA. We take all reasonable care to ensure the security of the Website and of your Personal Data from access by unauthorised persons and against unlawful access, processing, accidental loss, destruction and damage.

6.2          We will store Personal Data in segregated folders with restricted access to minimise data visibility. Any candidate-related information that we collect will be stored in restricted folders and will be cleansed every six months. We will only keep your Personal Data for as long as we reasonably require and, in any event, only for as long as the Data Protection Legislation allows.

6.3          Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data which you transmit to our Website and any transmission is at your own risk. Once we have received your Personal Data, we will use strict procedures and security features to try to prevent unauthorised access.

7             TRANSFERRING PERSONAL DATA OUTSIDE OF THE UK OR THE EEA

7.1          In processing your Personal Data, it will sometimes be necessary for us to transfer your Personal Data to a destination outside of the UK and the European Economic Area (“EEA”). It may also be processed by staff operating outside the UK or the EEA who work for us or for one of our suppliers or Group companies. Such staff may be engaged in, among other things, the fulfilment of contracts, the processing of details or the provision of support services.

7.2          We will take all steps reasonably necessary to ensure that your Personal Data is treated securely and in accordance with this Privacy Policy and the Data Protection Legislation when it is processed in, or otherwise accessed from, a location outside the UK or the EEA. This means that we will only transfer your Personal Data to third parties outside the UK or the EEA if that third party:

7.2.1      is situated in a country that has been confirmed by the European Commission or the UK Information Commissioner’s Office (as applicable) to provide adequate protection to Personal Data; or

7.2.1      has agreed (by way of written contract incorporating a data transfer mechanism approved by the appropriate supervisory authority) or by some other form of data transfer mechanism approved by the relevant supervisory authority) to provide all protections to your Personal Data as required by the Data Protection Legislation, provided that, where required, we have first assessed whether there are any laws or measures in place in the relevant jurisdiction to which the data is being transferred which might impinge upon the safeguards in the approved data transfer mechanism; or

 

7.3          Where any transfer takes place under a written contract, you have the right to request a copy of the safeguards in that contract and may do so by contacting us at data.protection.officer@pembertonam.com.

8             YOUR RIGHT TO ACCESS AND UPDATE YOUR PERSONAL DATA

8.1          If you have given us your express consent, or where we otherwise have a legal right to do so, we may use your Personal Data for marketing purposes. However, you have the right to ask us not to process your Personal Data for marketing or research purposes.  If we intend to disclose your Personal Data to any third party for marketing purposes, we will seek your explicit consent prior to any such transfer. You can exercise your right to opt out of such processing at any time, by unsubscribing via the link in the email communications we send to you or by contacting us at data.protection.officer@pembertonam.com.

8.2          You are entitled to know some details about the Personal Data hold about you and how that information is processed. If you would like to request this, please contact us in writing at Pemberton Capital Advisors LLP, 5 Howick Place, London, SW1P 1WG providing us with sufficient information to identify you (we may need to request proof of identity in some instances), and we will provide you with the information to which you are entitled. There are circumstances where we are not required to comply with a request, for example, because it is excessive or unfounded. However, if this is the case, we will explain our reasons for this.

8.3          You have the right to ask us to: (a) make any changes to ensure that any Personal Data we hold about you is accurate and up to date; (b) erase or stop processing any Personal Data we hold about you where there is no longer a legal ground for us to hold it; (c) request to access or to obtain a copy of your Personal Data (in accordance with paragraph 8.2 above); or (d) in some circumstances, transfer any information we hold about you to a specified third party. If you wish to do this, please contact us at data.protection.officer@pembertonam.com.

9             COMPLAINTS

9.1          Should you have any queries or complaints in relation to how we use your Personal Data, please contact us at data.protection.officer@pembertonam.com.  Should you wish to take any complaints or queries further, you have the right to do so by contacting the Information Commissioner’s Office (or the relevant data protection regulator) regarding such issues.

10           COOKIES

10.1       A cookie is a small file that is sent to your browser from a web server and is stored on your computer. Cookies help us to analyse web traffic and identify which pages of our Website are being used. Our Website also uses cookies to respond to you as an individual so that it can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences as well as enabling you to login. We only use this information for statistical analysis purposes and then it is removed from our systems.

10.2       A cookie in no way gives us access to your computer or any information about you, other than information about how you use the Website and the Personal Data you choose to share with us (including Personal Data you automatically share with us by way of your browser settings).

10.3       In particular, we use the following cookies:

10.3.1 Functionality cookies. These cookies are used to identify unique visitors to Websites. If you log in to the Websites, these are the cookies that allow us to remember who you are and what your preferences are so that we can provide you with access to pages personal to you, for example your account pages or your selected font size. These cookies can help to keep your visit to the site secure.

10.3.2 Session cookies. These cookies allow us to identify your device as you use the Website, so that you are not treated as a new visitor each time you go to another part of the Website.

10.4       You can choose to accept or decline cookies. Most web browsers automatically accept certain cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you disable or refuse cookies, please note that some parts of the Website may become inaccessible or not function properly.. We may also use banners and pop-ups from time to time to give you options around cookie use.

10.5       You may also turn non-essential cookies on or off at any time by accessing cookie settings using the button below. If you have already accepted all cookies the non-essential or functional cookies will be set to ‘ON’. Non-essential cookies help us to improve our website by collecting and reporting information on how you use it. The cookies collect information in a way that does not directly identify you. You can come back to this page to change your cookie settings at any time by using the link to Privacy Policy & Manage Consent at the bottom of the website.

10.6       You can find more information about the specific cookies we use and the purposes for which we use them in the table below. You can also find more information about cookies generally here: www.allaboutcookies.org.

Cookie name	Host	Description/Purpose	Duration
Functionality cookies
TrackedContract_ID	*.pembertonam.com	Links to contact in the database	Until browser session is closed
_ga	*.pembertonam.com	Used to distinguish users	2 years
sssss_gat	*.pembertonam.com	Used to throttle request rate. If Google Analytics is deployed via Google Tag Manager, this cookie will be named _dc_gtm_	1 minute
_gid	*.pembertonam.com	Used to distinguish users	24 hours
Session cookies
PHPSESSID	*.pembertonam.com	Tracks the user’s session. Links to session database	Until browser session is closed

11           LINKS TO OTHER WEBSITES

11.1       This Privacy Policy extends only to our Website and does not cover your use of, provision of data to and collection of data on any other website.

11.2       Our Website may from time to time contain links to and from other websites. If you follow a link to any of these websites please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these websites or their related policies. You should always check these policies before you submit any Personal Data to these websites.

12           CHANGES TO THIS PRIVACY POLICY

12.1       Our Privacy Policy may be reviewed and enhanced from time to time without notice. The up-to-date version of our Privacy Policy is always available by visiting here; by writing to Pemberton Capital Advisors LLP, 5 Howick Place, London, SW1P 1WG, UK; or by emailing info@pembertonam.com . If you are not happy with any changes that we make, you should not use or access (or continue to use or access) the Website and/or our services.

13           CONTACT

13.1       Questions, comments and requests regarding this Privacy Policy are welcomed and should be addressed to data.protection.officer@pembertonam.com. If you no longer wish to receive materials from us and/or from such third parties, you may opt-out of receiving these communications by writing to us at Pemberton Capital Advisors LLP, 5 Howick Place, London, SW1P 1WG, UK or by emailing us your request to unsubscribe at info@pembertonam.com.

Last Updated:19/04/2024