Privacy Policy

General

ACG Group is committed to protecting and respecting your private data

We are ACG Group and treating individuals and their personal information with respect reflects our core values as a business. ACG Group is committed to upholding the laws and guidance that protect you and your personal information, respecting your privacy and keeping your information safe. We also want you to be fully informed about what we do with your personal information and that is the purpose of this privacy notice.

Pursuant to the General Data Protection Regulation (“GDPR”) that came into effect on 25th May 2018, please find below a copy of the Privacy Notice (the “Notice”) of ACG Group.

This Notice is to inform you how we hold your data and what we use it for in connection with the provision of services and all permissions we hold.

This Notice sets out the basis upon which any personal data that ACG Group collects from you, or that you provide to ACG Group, will be processed by us.

In this Notice, ACG Group refers to ACG Advisors (UK) LLP and ACG Advisors Group (UK) Ltd and related entities (“ACG Group” or “we” or “us” or “our”). “Our Group” means our subsidiaries, our ultimate holding company and its subsidiaries, our associated companies.

Any reference to “you”, “your” or “yourself” is a reference to you as someone who has a relationship with us, contacted us or interacted with us in some way.

You can find out full information about how and why we use your personal information in each of the sections below.

What we do

We collect information about you in order to carry out our core business and ancillary activities.

For the purposes of data protection laws and this privacy notice, we are the controller of your personal information, meaning that we are responsible for deciding how we hold and use your personal information.

If you have any queries regarding this privacy notice and your personal information you can email acg.group@acg.group.

For the purposes of data protection legislation in force from time to time the data controller is ACG Advisors Group (UK) Ltd, 34 Lime Street, London, EC3M 7AT, United Kingdom

Information you give to us or we collect about you

This is information about you that you give to us in connection with the provision of our services and/or by corresponding with us by phone, email, in writing or otherwise.

It includes information that you provide to us when you enquire about or invest with us, subscribe to our mailing lists and/or attend events or meetings organized by us. It includes information that you provide to us when you appoint us to provide you with regulated services.

In connection with your relationship or interactions with us, we may collect and process a wide range of personal information about you.

The information that you provide to us, or that we collect from you, may include your name, address, date of birth, private and/or corporate email address, private and/or corporate telephone number, specific and general financial information, sensitive documentation and other data which relates to your background, circumstances, investment experience, and information pertaining to your employment including obtaining information from public registers with governmental and/or quasi-governmental organisations (e.g. the Financial Conduct Authority), copies of identification documents such as a passport or driving licence, photographs, links to your professional profiles available in the public domain e.g. LinkedIn, and/or a corporate website.

Unfortunately, in some instances due to the regulatory requirements we are subject to, in providing advice or services, without special category data mentioned above, we may not be able to provide you with a service. We will let you know if this is the case.

In cases where it is relevant, we may also collect criminal records information about you, for example an offence committed by you or alleged to have been committed by you that impacts on your relationship with us.

Purposes of the processing and legal basis for the processing

We use information held about you in the following ways:

To enable us to carry out our permitted activities;
To enable us to comply with our regulatory and legal record-keeping obligations;
To carry out our obligations arising from any contractual obligations;
To provide you with the information, products and services that you request from us or we think will be of interest to you because it is relevant to you, or your organization;
To provide you with information about other products and services that ACG Group offers that are similar to those that you have already been provided with or have enquired about.

Our legitimate business interests and use of your personal information

There are many ways we may need to use your personal information in the context of your relationship with us or our use of your personal information. We will only use your personal information when the law allows us to. This means we must have one or more legal bases to use your personal information.

Our legal basis for the processing of personal data is our legitimate business interests, described in more detail below within this section, although we will also in certain circumstances rely on contract, legal obligation and consent for specific uses of data.

We will rely on legal obligation if we are legally required to hold information on you to fulfil our legal and/or regulatory obligations.

We have set out the main uses below, and indicated the main applicable legal bases of processing, but there may be other specific uses which are linked to or covered by the uses below. Our legitimate interests in collecting and retaining your personal data is described within this section.

Use of data	Legal basis
Carry out our regulatory activities in relation to you, an organization you work for or an organization of which you are a client or customer.	• Pursuing our legitimate interests • Compliance with legal obligations
Conduct any business or other relationship we have with you, an organization you work for or an organization of which you are a client or customer.	• Pursuing our legitimate interests • Compliance with legal obligations • Necessity to enter into or perform a contract you are a party to • We may also rely on your consent in some limited cases
Monitor, manage or record our relationship with you or an organization which you work for, which may involve meetings, assessments, communications with you, and decisions regarding your relationship with us.	• Necessity to perform a contract you are a party to • Pursuing our legitimate interests
Carry out investment due diligence.	• Pursuing our legitimate interests • Compliance with legal obligations
Carry out background, identity or other checks in relation to you to decide whether to enter into a business relationship with you and in some cases to understand whether you are ‘fit and proper’.	• Pursuing our legitimate interests • Compliance with legal obligations • We may also rely on your consent in some limited cases
Satisfy legal and regulatory obligations including complying with data protection laws, making filings at Companies House, ensuring equality and equal opportunities or invoking other legal rights.	• Compliance with legal obligations • Pursuing our legitimate interests
Keep and maintain proper records relating to your relationship with us or an organization you work for and information about you which is relevant to that relationship.	• Necessity to enter into or perform a contract you are a party to • Pursuing our legitimate interests • Compliance with legal obligations
Prevent, detect or prosecute criminal activity.	• Pursuing our legitimate interests • Compliance with legal obligations • Acting in the public interest
Respond to any query, complaint or enquiry received from you.	• Pursuing our legitimate interests • Compliance with legal obligations
Gather evidence for and be involved in possible legal cases.	• Necessity to enter into or perform a contract you are a party to • Pursuing our legitimate interests • Compliance with legal obligations • Establish, exercise or defend legal claims
Ensure effective general business administration and manage our business.	• Necessity to enter into or perform a contract you are a party to • Pursuing our legitimate interests • Compliance with legal obligations
Monitor your use of our website and social media accounts to ensure network and information security, including preventing unauthorized access to our computer and electronic communications systems and preventing malicious software distribution.	• Pursuing our legitimate interests • Compliance with legal obligations
Conduct data analytics and analysis studies and improve our business, use of our website and social media which relates to us.	• Pursuing our legitimate interests • Compliance with legal obligations
Carry out market research, so that we can better understand the organisations we regulate or provide services to.	• Pursuing our legitimate interests • Compliance with legal obligations

Where we are processing any sensitive “special category” personal information about you (which covers personal information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, data concerning health or data concerning your sex life or sexual orientation) then we also need to have one or more of the following conditions for using your personal information. These include:

Where we have your explicit consent to do so.
Where it is necessary for us to comply with our obligations and exercise our rights in the field of employment law, social security law and social protection law.
Where we need to protect your vital interests (or someone else’s vital interests).
Where you have already made the personal information public.
In establishing, exercising or defending legal claims, whether those claims are by us or against us.
Where it is necessary in the public interest.

We will not usually process any of these types of special category personal information about you, and in cases where we do process special category personal information about you it will generally be to comply with legal obligations, where you have given your consent or to establish, exercising or defending legal claims. In some cases more than one legal bases may apply to our use of your personal information.

Where we process criminal records information about you, then we will either do so either to comply with legal obligations or with your consent.

Change of purpose

We will only use your personal information 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 we need to use your personal information for an unrelated purpose, we will notify you by updating this privacy notice on our website, so please check back regularly for any updates.

Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law. We will rarely need to rely on your consent to process any of your personal information.

Information Sharing

We may disclose information about you to our affiliates or third parties. When using your personal information we may share it with third parties but we will only do so when it is appropriate and we have a legal basis for doing so. Third parties that we may share your personal information with include:

Any third party approved by you or where we need to do so to enter into or perform a contract with you.
An organization you work for or that represents you if that organization has a relationship with us.
Service or product providers to our business, for example information technology services suppliers, credit reference agencies, marketing and public relations service providers.
If you represent one of our suppliers, to other companies in the supply chain so they can contact you about any supply chain issues.
Third parties that process personal information on our behalf and in accordance with our instructions, usually suppliers of services to us.
Purchasers, investors, funders and their advisers if we sell all or part of our business, assets, shares or restructure whether by merger, re-organisation or in another way.
Other members of our group.
Our legal and other professional advisers, including our auditors or any professional advisors appointed by you, for example a legal advisor or an agency you work with.
Third party record keepers, for example to make filings at Companies House.
Social media and other online platforms where relevant to our relationship with you.
Governmental bodies, HMRC, other regulators (including the Jersey Financial Services Commission and sometimes the ICO), police, law enforcement agencies, security services, courts/tribunals.
We may also use other service providers for marketing purposes. Marketing use a third-party data partner to store personal data, contact data, and marketing preferences provided by you.

We do not disclose personal information to anyone else except as set out above unless we are legally entitled to do so.

We do not share your information with non-affiliates for them to market to you.

In addition to the above, we may also disclose your personal information to third parties in the following circumstances:

Where ACG Group sells or buys a business and/or assets, we may disclose your personal data to a prospective seller or buyer of such a business or assets;
If ACG Group or substantially all of its assets are acquired by a third party, in which case personal data held by us about our customers and/or investors will be one of the transferred assets.

If we are under a duty to disclose or share your personal data in order to comply with any legal and/or regulatory obligation, or in order to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of ACG Group, our customers and/investors, or others

The lawful basis for the third party processing will include: Their own legitimate business interests in processing your personal data, in most cases to facilitate the provision of the ancillary services to us; Satisfaction of their contractual obligations to us as our data processor; For the purpose of a contract in place or in contemplation; To fulfil their legal and/or regulatory obligations.

Where we store and process your personal data

The data that we collect from you may/will be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may be transferred to third parties outside of the EEA to enable us to provide our discretionary investment management services. It may/will also be processed by staff operating outside the EEA who work for us or for one of our suppliers. This includes staff engaged in, amongst other things, the provision of discretionary investment management services. By submitting your personal data, you agree to this transfer, storing and/or processing. ACG Group will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy notice.

Retention of your data

We understand our legal duty to retain accurate data and only retain personal data for as long as we need it for our legitimate business interests and that you are happy for us to do so. Accordingly, we have a data retention policy and run data routines to remove data that we no longer have a legitimate business interest in maintaining.

Your rights

As an individual whose personal information we collect and process, you have a number of rights. You may:

Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
Request erasure of your personal information. This enables you to ask us to delete or remove personal information 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 information where you have exercised your right to object to processing (see below).
Object to processing of your personal information 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. You also have the right to object where we are processing your personal information for direct marketing purposes.
Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
Request the transfer of your personal information to another party in certain formats, if practicable.
Make a complaint to a supervisory body which in the United Kingdom is the Information Commissioner’s Office. The ICO can be contacted through this link: https://ico.org.uk/concerns/.

Use of Artificial Intelligence

We may use artificial intelligence (AI) technologies to support certain internal business activities, such as improving operational efficiency, quality assurance, and service delivery.

Where AI is used, it is subject to ACG Group’s information security, data protection, and governance controls. We do not permit the unrestricted use of public AI tools for processing personal information, and any use of AI involving personal data is carried out in accordance with applicable data protection laws and our internal policies.

We do not use AI to make solely automated decisions about individuals that produce legal or similarly significant effects, unless otherwise stated in this notice.

Automated decision-making

Automated decision-making takes place when an electronic system uses personal information to make a decision about that person without any human intervention which produces legal effects concerning them or similarly significantly affects them. We do not currently use this type of automated decision making in our business in relation to you.

You will not be subject to decisions that will have a significant impact on you based solely on automated decision making unless we have a lawful basis for doing so and we have notified you.

Access to information

The Data Protection Act 1998 and the GDPR give you the right to access information held about you. We also encourage you to contact us to ensure your data is accurate and complete. Your right of access can be exercised in accordance with the Act/GDPR.

A subject access request should be submitted to acg.group@acg.group.

Changes to our privacy notice

We keep our privacy notice under regular review and may update this privacy notice from time to time. The current version of this notice is available on our website at www.acg.group and by requesting a copy from acg.group@acg.group. If there are any material changes to this privacy notice in the future we will let you know, usually by updating the version on our website. We would encourage you to periodically review our privacy notice to ensure that you continue to be aware of your rights.