This website is provided by S. W. Mitchell Capital LLP.

The purpose of this Privacy Notice is to explain to you S. W. Mitchell Capital LLP (“SWMC”, “we”, ‘us” or”our”) policy with regards to the collection, use and handling of personal data supplied by you to SWMC during the process of using this website. It also explains your rights in relation to the personal data held by SWMC. “You” or “your”, in this privacy statement, means you as an individual, rather than any legal entity (such as your employer) which you may represent.

SWMC collects and processes data of British and EU citizens as well as other countries and recognises its accountability to comply with EU Regulation 2016/679, or otherwise referred to as “GDPR”.

Businesses in European Union countries must comply with national laws enacted in light of their country’s interpretation of the European Union data protection legislation. The legislation seeks to ensure that all personal information held by businesses and organizations is both accurate and suitably protected in order to ensure there is no mis-use of personal data relating to an individual held by the business or organization.

SWMC intends to process your data by complying with relevant legislation.

SWMC kindly requests that you read the Privacy Notice below which has been included with a view to protecting your personal data. SWMC may amend this Policy Notice at any time to reflect any changes in the way that we process your data. It is important to remember that the information we have about yourself is owned by you and that you have the right to decide how it should be handled. If you have any doubts please tell us, by contacting us as follows:

By post:                S. W. Mitchell Capital LLP, Princes House, 38 Jermyn Street SW1Y 6DN

By email:            andrew@swmitchellcapital.com

By telephone:  +44 (0)20 7290 4512

 

Your Rights 

Under GDPR you have the following rights:

  • to require that we cease processing your personal data if the processing is causing you damage or distress;
  • to require us not to send you marketing communications;
  • to ask us to correct the personal data we hold about you if it is not correct, and expect us to give this request due consideration;
  • to ask us to erase your personal data, and expect us to do so unless there is a lawful, regulatory or contractual requirement or risk that means we must keep it for a period of time in your or our legitimate interests;
  • to ask us to restrict our data processing activities and expect us to do so unless there is a lawful, regulatory or contractual requirement or risk that means we must keep

processing it for a period of time in your or our legitimate interests;

  • to obtain free of charge and within 30 days from us the personal data we hold about you which you have provided to us, in a reasonable format specified by you, including for the purpose of transmitting that personal data to another data controller, unless it would represent an unreasonable burden on SWMC to do so.

 

Collection of data

When visiting this website and in the course of providing services to you, SWMC may collect information about you (“personal data”) in a number of ways:

  • from the information you provide to us when you meet one the employees/partners of SWMC;
  • when you are asked to provide data (e.g., name, e-mail address and mailing address) or when you email, phone or otherwise contact us in order that we may send you information about the services of SWMC;
  • when you or we complete on your behalf client on-boarding, application or other forms;
  • from your agents, trustees, platforms, advisers, intermediaries, insurance companies, fund managers, investment managers and custodians of your assets;
  • from publicly available sources or third parties in the course of SWMC providing its services to you, including background checks.
  • indirectly, e.g. via cookies and other technical means to monitor your use of the portal such as access
  • logs, your internet protocol address or profiling to tailor the website to your preferences or to track your use of certain pages of the website, or from third parties who provide us with information about you.

 

Processing your data

We may process personal data collected via this website, or otherwise, not only for the purpose of undertaking a contract to which you are a party. There may be other reasons for processing your data, including:

  • for the purposes of administering the website,
  • responding to queries or providing services to you at your request, updating our records and databases,
  • improving the personalization of our services to you,
  • maintaining contact data about you or a third party (for example, your employer),
  • informing you, or enabling third parties to inform you, of features, services, products, fund launches and related information from SWMC or third parties which may be of interest to you, and
  • otherwise to enable us to perform any agreement with you, your employer or any other relevant third party.

We may also process your data to enable us to comply with our legal obligations in providing you with our services. We may, in these circumstances, use your data:

  • to meet our compliance and regulatory obligations, such as compliance with anti-money laundering laws, retaining of data as required by our regulator, and the monitoring and recording of telephone conversations,
  • to share your data with our advisors and auditors where necessary,
  • to share your data with third parties in conducting background checks
  • to respond to requests from relevant regulators or law enforcement agencies when we are required to do so.

You may be able to update some of the data we hold about you or third parties directly yourself. If you are acting as an intermediary or otherwise on behalf of a third party or supply us with information regarding a third party (such as your employer or a client company), you undertake that you are an authorised representative or agent of such third party and that you have obtained all necessary consents from such third party to the collection, processing, use and disclosure by us of their personal data.

The data may, for these purposes, be disclosed to certain staff within SWMC’s organization (i.e. staff whose job it is to process your enquiries and orders or otherwise to administer the website, and those staff involved in the provision of SWMC services and products which may be of interest to you). Personal data may also be disclosed to a limited number of third parties, such as third party marketing companies to send you information which may be of interest, data processors, suppliers or providers of goods or services.

 

Security of data

We have adopted generally accepted standards of technology and operational security in order to protect the confidentiality and security of personal data collected via this website, but the nature of the internet is of course such that the data may flow over networks without appropriate security measures and may be accessed and used by unauthorised persons. Please note that this privacy statement only covers this website and does not regulate the privacy practices of other websites which may be accessible through or linked to this website.

 

Retention of data

We may retain your personal data for a period of seven years after the termination of our relationship with you in case any claims arise out of the provision of our services to you. Where we are required to retain your data for longer than seven years, including indefinitely if your data was related to advice given in relation to pensions as required by the Financial Conduct Authority, we will, on request, provide you with our reasons for so doing. We do not generally seek to collect data about your racial or ethnic origin, political opinions, religious or other similar beliefs, trade union membership, physical or mental health, sexual life, criminal record or alleged criminal activity through the website (“sensitive personal data”).

 

Further information concerning the retention of your data

If you wish to receive further details regarding SWMC’s retention of your data, or regarding the companies which we have engaged with to assist in delivering our services to you, please contact us at andrew@swmitchellcapital.com.

 

In Summary

SWMC may collect your personal data when you access this website, when we meet you or when we ask for information from you in order to provide our services to you. We may process your data in order to fulfil the requirements of any contract between us, in order to meet our legal and/or regulatory duties and for other legitimate reasons. At all times, we will collect and process your data in compliance with the general regulations of GDPR.

If you are not satisfied with how we have collected, processed or retained your personal data, you can make a complaint to the Information Commissioner at www.ico.org.uk.

May 2018