1. Important Information and Who We Are

Purpose of this Privacy Notice

This privacy notice aims to give you information on how the AgFe Group collects and processes your personal data through your use of this website or when you have otherwise provided us with personal data. It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data.

Controller

The AgFe Group is made up of different legal entities (AgFe Group Limited, AgFe LLP, AgFe Management Limited, AgFe Advisory Limited, and AgFe AR Limited). This privacy notice is issued on behalf of the AgFe Group so when we mention "AgFe", "we", "us", or "our" in this privacy notice we are referring to the relevant entity in the AgFe Group responsible for processing your data.

We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact dataprivacymanager@agfe.com

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.

2. The Data We Collect About You

Personal data, or personal information, means any information about an individual from which that person can be identified. We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

  • Identity data includes your name and title and in certain limited circumstances, your passport number
  • Contact data includes your email address and telephone numbers, and in certain limited circumstances your home address
  • Marketing and communications data includes your preferences in receiving marketing and communications from us

We do not collect any special categories of personal data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, or sexual orientation), nor do we collect any information about criminal convictions and offences.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract that we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have with you and in this case we may have to cancel a service we provide to you, but we will notify you if this is the case at the time.

3. How Is Your Personal Data Collected?

We use different methods to collect data from you and about you including through:

  • Direct interactions. You may give us your identity data and contact data by handing over business cards or by corresponding with us via email, phone, post or otherwise
  • Third parties or publicly available sources. We may receive personal data about you from third parties such as (i) identity and contact data from sources such as Companies House, Prequin, MandateWire, Asset Logic, Mercer, Wilshire, IPE Quest, and third parties that you have instructed to provide us with that data such as your law firms, property brokers, and financial advisors

4. How We Use Your Personal Data

We only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into either (i) with you or an organisation that you work for or represent; or (ii) that concerns you or an organisation that you work for or represent
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests
  • Where we need to comply with a legal or regulatory obligation such as undertaking Know Your Client and anti-money laundering checks

Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending direct marketing communications to you via email or post. You have the right to withdraw consent to marketing at any time by contacting us.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways that we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/activityType of dataLawful basis for processing including basis of legitimate interest
To register you or an entity that you work for or represent, as a new client(i) identity; (ii) contact(i) performance of a contract with you or any entity that you work for or represent; (ii) legal obligation to meet Know Your Client and anti-money laundering requirements
To enable funds or accounts managed by us to enter into a commercial arrangement with you or an entity that you work for or represent(i) identity; (ii) contact(i) performance of a contract with you or any entity that you work for or represent; (ii) legal obligation to meet Know Your Client and anti-money laundering requirements
To administer and protect our business and this website(i) identity; (ii) contact(i) necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud, and in the context of a business reorganisation or group restructuring exercise); (ii) necessary to comply with a legal obligation
To make suggestions and recommendations to you about services that may be of interest to you(i) identity; (ii) contact(i) necessary for our legitimate interests (to develop our services and to grow our business)

Marketing

We aim to provide you with choices regarding certain personal data uses, particularly around marketing. We will get your express opt-in consent before we share your personal data with any company outside the AgFe Group, for marketing purposes.

You can ask us to stop sending you marketing messages at any time by contacting us. Where you opt out of receiving marketing messages, this will not apply to personal data provided to us as a result of you or an entity that you work for or represent having entered into a contract with us, or where it is necessary to comply with a legal obligation.

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 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

We may have to share your personal data with the parties set out below for the purposes set out in the table above:

  • Other entities in the AgFe Group
  • Specific third parties such as lawyers, administrators, financial institutions, and risk management firms who need to undertake (or help us to undertake) Know Your Client and anti-money laundering checks on you
  • Specific third parties such as administrators and loan agents who help enable funds or accounts managed by us to enter into a commercial arrangement with you or an entity that you work for or represent
  • Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. 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 notice

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow third parties to use your personal data for their own purposes (other than to comply with a legal obligation) and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6. International Transfers

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

  • Only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission
  • Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe
  • Where we use providers in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

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 know. They will only process your personal data on our instructions or to meet a legal obligation.

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

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purpose of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

By law we have to keep basic information about our customers (including Contact and Identity) for six years after they cease being customers for tax purposes and for five years for regulatory purposes.

In some circumstances you can ask us to delete your data: see "request erasure" below for further information.

9. Your Legal Rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data including in relation to:

  • Requesting access to your personal data
  • Requesting correction of your personal data
  • Requesting erasure of your personal data
  • Objecting to the processing of your personal data
  • Requesting restriction of processing of your personal data
  • Requesting the transfer of your personal data
  • Withdrawing your consent

If you wish to find out more about the rights set out above please see below, or you wish to exercise any of the rights set out above please contact us.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may 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 to 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 try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you, and keep you updated.

10. Glossary

Lawful Basis

Legitimate interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted by law). You can obtain further information about how we assess our legitimate interest against any potential impact on you in respect of specific activities by contacting us.

Performance of a contract means processing your data where it is necessary for the performance of a contract to which you or an organisation that you are employed by or represent, are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

Third Parties

Internal third parties

Other companies in the AgFe Group acting as joint controllers or processors and who are based in the United Kingdom and provide financial advisory services, IT and system administration services, and undertake leadership reporting.

External third parties

  • Service providers acting as processors based in EU countries who provide administration services
  • Professional advisors acting as processors or joint controllers, including lawyers, bankers, auditors, risk management agencies, and insurers based in EU countries who provide consultancy, legal, banking, insurance, risk management, and accounting services
  • HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of activities in certain circumstances

Your Legal Rights

You have the right 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: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want to erase it; (c) 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; or (d) 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, of 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.