General Privacy Notice 

Dated: 5 February 2021

 

Introduction

This notice is adopted by and relates to each of Höegh Capital Partners Limited and Arts Alliance Productions Limited (referred to below individually and collectively as “HCP” or “we”).  The HCP companies jointly determine the purposes and means of processing personal data and are joint controllers under the UK General Data Protection Regulation (“UK GDPR”).                                                                                                     

HCP respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you interact with us and tell you about your privacy rights and how the law protects you. 

We reserve the right to update this privacy notice at any time.  We may also notify you in other ways from time to time about the processing of your personal data.

 

1. Important information and who we are

Purpose of this privacy notice

This privacy notice aims to give you information on how HCP collects and uses personal data about you during and after your relationship with us, in accordance with the UK GDPR.

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 personal data. This privacy notice supplements the other notices and is not intended to override them.  We may update this privacy notice from time to time.

Controller

HCP is a "data controller" in relation to personal data processed in accordance with this notice (except where this notice explains otherwise). This means that we are responsible for deciding how we hold and use personal information about you.  Our full details are set out below. 

We have appointed a data privacy representative (the “DPR”) 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 the DPR using the details set out below. 

Contact details

Name of Data Privacy Representative: Ken Bailey

Email address: dpr@hoegh.co.uk

Postal address: Höegh Capital Partners Limited, 5 Young Street, London, W8 5EH

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. 

Third-party links

Our 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 personal 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 notice of every website you visit.

 

2. The kind of data we collect about you

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 person is no longer identifiable (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

  • Identity Data includes first name, last name, username or similar identifier, marital status, title, date of birth and gender. 
  • Contact Data includes address, billing address, email address and telephone numbers.
  • Financial Data includes bank account and payment card details.
  • Transaction Data includes details about payments to and from you and other details of your transactions with us.

Some of this may include Special Categories of Personal Data, and where this applies we will only process such information where legally permitted to do so.

3. How is your personal data collected?

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

  • Direct interactions. We will normally collect personal data directly from you.  You may give us your Identity, Contact and Financial Data by filling in forms, through the provision of services and products, or by corresponding with us by post, phone, email or otherwise.
  • Third parties or publicly available sources. In appropriate circumstances, we may collect data from third parties in connection with background checks in connection with your engagement as a contractor. We may receive personal data about you from various third parties and public sources such as those set out below:
    • Identity and Contact Data from data brokers or aggregators such as Bloomberg.
    • Identity and Contact Data from publicly availably sources such as Companies House.

 

4. How we use your personal data

We will only use your personal data when the law allows us to do so. Sometimes more than one legal basis applies to the processing of the same piece of personal data, depending on the processing activity taking place.

Most commonly, we will use your personal data on the following legal grounds:

  • Where we need to perform the contract we are about to enter into or have entered into with you.
  • 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.

Generally we do not rely on consent as a legal basis for processing your personal data.  Where we wish to rely on your consent as the legal basis for processing, we will provide details of the proposed processing activities and seek your consent prior to doing so.  You may choose not to consent to processing, in which case we will not process the data on this basis, and you may withdraw your consent at any time after giving your consent to processing.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways 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 personal 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.

Do we need your consent?

We do not need your consent if the relevant processing is based on one of the permitted grounds (some of which are set out above), and for Special Categories of Data where permitted exceptions apply.  If we wish to rely on your consent for processing your personal data, we will provide you with full details of the proposed processing activities and the reason(s) we are seeking your consent, so that you can carefully consider whether you wish to consent and you may withdraw your consent at any time.

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 have 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

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 5 above:

  • Internal Third Parties as set out below. 
  • External Third Parties as set out below.

We will share your personal data with third parties only where we are permitted to do so in accordance with applicable legislation, primarily where we are required to do so by law, where it is necessary to administer a contractual relationship with you or where we have a legitimate interest in doing so.

We will require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not permit our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

Internal Third Parties

Other associated companies acting as joint controllers or processors. 

External Third Parties

  • Service providers acting as processors who provide IT, system administration services and office administration services.
  • Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance 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 processing activities in certain circumstances.

 

6. International transfers

We may share your personal data with companies associated with HCP. This may involve transferring your personal data outside the UK.

Some of our external third parties are based outside the UK so their processing of your personal data will involve a transfer of data outside the UK. 

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

  • We will 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 based in the US, we may transfer personal data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US.

Please contact us at dpr@hoegh.co.uk if you want further information on the specific mechanism used by us when transferring your personal data out of the UK. 

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 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 suspected breach where we are legally required or it is appropriate to do so.

8. Data retention: How long will you use my personal data for?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements, after which it will be deleted or archived except to the extent that it is necessary for us to continue to process it for the purpose of compliance with legal obligations to which we are subject or for another legitimate and lawful purpose. 

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.

Details of retention periods for different aspects of your personal data are available by contacting us at dpr@hoegh.co.uk.  In some circumstances you can ask us to delete your personal data: see below for further information.

9. Your legal rights

Your rights in connection with your personal data

Under certain circumstances, by law 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 information we hold about you corrected;
  • 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 exercised your right to object to processing (see below);
  • object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and the circumstances of your particular situation mean you wish to object to processing on this ground. You also have the right to object where we are processing your personal data for direct marketing purposes (including profiling);
  • request the restriction of processing of your personal data. This enables you to ask us to suspend the processing of personal data about you, for example if you want us to establish its accuracy or the reason for processing it; and
  • request the transfer of your provided personal data to another party.

Please note, however, that certain personal data may be exempt from such access, correction and deletion requests pursuant to applicable data protection laws or other laws and regulations.

Right to withdraw consent 

In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal data for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. 

Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.  If we have another legitimate basis for processing information in law, we may still process the same data and we will not require your consent to do so.

No fee usually required

You will not ordinarily be required to pay a fee to access your personal data (or to exercise any of the other rights), but we may charge a reasonable fee for any additional copies of the materials we provide.  Where your request is manifestly unfounded or excessive, we may also charge a reasonable fee or alternatively, we may refuse to comply with the request.

What we may need from you

We may request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal data is not disclosed to any person who has no right to receive it, and in order to help us meet our obligations. 

Time limit to respond

We will 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. 

If you want to make a request in respect of your rights relating to your personal data, please contact the DPR in writing by emailing us at dpr@hoegh.co.uk.

If your request or concern is not satisfactorily resolved by us, you can contact the Information Commissioner's Office (https://ico.org.uk/global/contact-us/).

10. Glossary

LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business. We make sure we consider and balance 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 to by law).  You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your personal data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Special Categories of Personal Data means data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation.

Höegh Capital Partners Ltd is authorised and regulated by the FCA

© 2022 Höegh Capital Partners Ltd.