Newstead Capital Limited Privacy Notice 

  1. Introduction and who we are 

Newstead Capital Limited (“Newstead Capital“, “we“, “our” or “us“) are strongly committed  to being responsible custodians of the information you provide us and the information we collect  in the course of operating our business. 

This Privacy Notice explains how Newstead Capital, as a data controller, may collect, use, share and protect information that we obtain about you directly or indirectly in accordance with  applicable data privacy laws. 

Where you use our services, or your personal data is processed in connection with such  services, and we control the purpose for which such personal data is processed, Newstead  Capital will be the data controller of such information. 

We are very aware of the sensitivity of some of the information that we process by virtue of the  services we provide and take the security of personal data very seriously. 

This Privacy Notice does not apply to, and Newstead Capital is not responsible for, any third  party websites which may be accessible through links from this website. 

  1. Scope of Privacy Notice 

This Privacy Notice explains and describes: 

  • When this Privacy Notice applies. 
  • How we collect your personal data. 
  • Legal basis for usage of your personal data. 
  • How we use the personal data we collect. 
  • How and when we may disclose personal data that we collect. 
  • What happens if your personal data is transferred overseas. 
  • How long we hold your personal data. 
  • How we protect your personal data and keep it secure. 
  • What cookies are and how we use them. 
  • What happens when you access third-party services and content. 
  • Your legal choices and rights. 
  • The status of this Privacy Notice and any changes that are made to it. 
  • How to request further information. 
  • Our contact details. 
  1. When this Privacy Notice applies 

This Privacy Notice applies: 

  • to your use of any of our services where we are performing a data controller function; • where you apply to us for a job or work placement;  
  • to your supply of services to us where this involves any personal data; and/or • to any personal information collected from third parties where we are the controller of such  information. 

This Privacy Notice additionally applies to our website and online services, including  www.newsteadcapital.com and any other website, mobile app or other online service created  or hosted by us from time to time on which this Privacy Notice appears (together, our “online services“) through which we may collect certain details if, for example, you want to subscribe  to any publications or newsletters that we may periodically issue. 

Please note that our online services make use of cookies and similar technologies, as described  in more detail in section 11 (Cookies Policy) below. 

  1. How we collect your personal data 

“Personal data” is any information that can be used to identify you or that we can link to you. Where you use our services, we will collect personal data directly from you. 

We may also collect personal data from third parties such as your employing organisation,  regulatory authorities, recruitment agencies, credit reporting agencies, information or service  providers, publicly available records, and the third parties described in section 7 (Disclosure of  your information) below. 

We collect information that you voluntarily provide to us, including when you communicate with  us via email or other channels; when you sign up for or request that we send you newsletters,  alerts, or other materials; when you sign up for a webinar or event; and when you respond to  our communications or requests for information. 

The information you provide may include current and historical personal data including your  name, contact details, title, identification, employment, positions held and enquiry/complaint  details and information about the organisation with which you are affiliated. We may also collect  personal data about your other dealings with us and our clients, including any contact we have  with you in person, by telephone, email or online. 

We may collect information from other sources, such as social media platforms that share  information about how you interact with our social media content, and any information gathered  through these channels will be governed by the privacy settings, policies, and/or procedures of  the applicable social media platform, which we strongly encourage you to review. 

We will handle any unsolicited information in accordance with law, including destroying or de identifying such information where we are required to do so. 

When you use our online services, we may collect the following: 

  • Information you provide by completing forms (this includes information you give us,  submitting material, requesting services, entering competitions, registering for any of our  online offerings or subscribing to our newsletters or other services). 
  • Information you provide by your participation in competitions, live chats, message boards. 
  • Information you provide to us if you contact us, for example to report a problem with our  online services or raise a query or comment. 
  • Details of visits made to our online services including, but not limited to, the volume of  traffic received, logs (including, where available, the IP address and location of the device  connecting to the online services and other technical information and identifiers about the  device and the nature of the visit) and the resources accessed. 
  • Where our online services require that you enter a password or other information in order  to access certain features, we will collect such credentials when you enter them. 

If you apply for a job or work placement with Newstead Capital then you may need to  provide information about your education, employment, racial background and state of  health. As part of your application, you will be asked to provide your express consent to our  use of this information to assess your application and to allow us to carry out both recruitment  analytics and any monitoring activities which may be required of us under applicable law as an  employer. We may also carry out screening checks (including reference, background,  directorship, financial probity, identity, eligibility to work, vocational suitability and criminal  record checks) and consider you for other positions.  

We may exchange your personal data with academic institutions, recruiters, screening check  providers, health service providers, professional and trade associations, law enforcement  agencies, recruitment analytics providers, referees and your current and previous employers.  We may also gather additional information about you from publicly available resources such as  LinkedIn or other social or professional media platforms and collate this with the information  that you provide to us. Without your personal data, we may not be able to progress considering  you for positions with us. 

In some instances, personal data must be provided to us in order for us to legally or  contractually perform services to you. Where relevant we will highlight to you those details that  we are obligated to collect. 

  1. Legal basis for usage of personal data 

Where we intend to use your personal data, we rely on the following legal grounds: 

Performance of a contract: We may need to collect and use your personal data to enter into  a contract with you or to perform a contract that you have with us.  

Legitimate interests: Where we consider use of your information as being (a) non-detrimental  to you, (b) within your reasonable expectations, and (c) necessary for our own, or a third party’s  legitimate purpose, we may use your personal data, which may include: 

  • for our own direct marketing or continued communication; 
  • the prevention of fraud; 
  • our own internal administrative purposes; 
  • personalisation of the service(s) we provide to you; 
  • ensuring network and information security, including preventing unauthorised access to  electronic communications networks and stopping damage to computer and electronic  communication systems; and/or 
  • reporting possible criminal acts or threats to public security to a competent authority. 

Compliance with a legal obligation: We may be required to process your information due to  legal requirements, including employment laws, tax laws and other regulatory provisions  applicable to Newstead Capital as a provider of management and advisory services to  institutional investors in asset backed direct lending strategies. 

Consent: You may be asked to provide your consent in connection with certain services that  we offer, for example in respect of any processing of your personal data for our marketing  purposes where you or your employing organisation is not a client of Newstead Capital, or in  respect of certain special categories of personal data such as your health or racial background  for which we are legally obliged to gain your consent due to the sensitive nature of such  information and the circumstances in which it is gathered or transferred. Where we are reliant  upon your consent, you may withdraw this at any time by contacting us in accordance with section 14 (Further information) below, however please note that we will no longer be able to  provide you with the products or services that rely on having your consent. 

  1. How we use your personal data 

Depending upon the circumstances in which we gather your personal data, we may use your  information to provide you with services and information, or for any of the following purposes: 

  • To provide you with Newstead Capital’s services (as noted above) that you or your employing organisation request. 
  • To respond to your enquiries. 
  • To carry out our obligations arising from any contracts entered into between you and us. 
  • To facilitate our internal business operations, including to fulfil our legal or regulatory  requirements. 
  • To maintain and develop our relationship with you. 
  • For our business purposes, including data analysis, submitting invoices, detecting,  preventing, and responding to actual or potential fraud, illegal activities, or intellectual  property infringement. 
  • To maintain and update our records including our database of contacts. 
  • To provide you on an ongoing basis with information and services, including relevant  marketing communications related to Newstead Capital, and other information or  materials, that you request from us or which we feel may interest you where you have  indicated that you would like to receive these from us. 
  • To evaluate, recruit, and hire personnel. 
  • To help us to improve our services, products or online services. 
  • To measure the popularity and effectiveness of services such as newsletters and seminar  invitations, in order to improve what we offer to you and other recipients. 
  • To ensure that content from our online services is presented in the most effective and  secure manner for you and the device on which you are accessing our services, and to  troubleshoot, and improve such online services. 
  • To allow you to use or access interactive features or secure areas of our online services,  when you choose to do so. 
  • For research, planning, service development, security or risk management. 
  • As we believe reasonably necessary or appropriate to: comply with our legal obligations;  respond to legal process or requests for information issued by government authorities or  other third parties; or protect your, our, or others’ rights. 

We may not be able to do some or all of these things without your personal data. 

If at any time we intend to change the purpose for which we hold your personal data, for  example to offer you with a complimentary service that we may provide in the future, we will  give you prior information of that new purpose, so you are aware of this. 

Throughout all of our processing, specific attention is paid to all instances in which sensitive  information, including passport, identity card, drivers license, proof of address etc.is processed by Newstead Capital as we have increased duties wherever such categories of data are  provided to, or gathered by us. 

  1. Disclosure of your information 

We may, in providing our services and operating our business, allow access to your personal  data to the different entities within Newstead Capital’s group for our internal administrative  purposes such as billing, promoting our events and services, and providing you or your  organisation with services, provided in all instances that such processing is consistent with  section 5 (Legal basis for usage of personal data) above and applicable law. 

We may exchange your personal data with third-party service providers contracted to Newstead  Capital where any of the following apply: 

  • You have consented to us sharing your personal data in this way. 
  • We deem it reasonably necessary to provide you with the services that you have required  at any particular time. 
  • Such sharing is provided for under contract. 
  • Such sharing is to law enforcement bodies or other government authority. 
  • It is necessary to protect the rights and interests, property, or safety of Newstead Capital,  our clients or others. 
  • It is relevant in the circumstances to disclose the information to parties with whom we have  co-promotional arrangements (such as jointly sponsored events, external venues, or  caterers). 
  • Our agents or contractors who assist us in providing our services require such information,  for example in fulfilling requests for information, receiving and sending communications,  updating marketing lists, analysing data, providing support services or in other tasks from  time to time. Our agents and contractors will only use your information to the extent  necessary to perform their functions. 
  • We use third party service providers to provide services that involve data processing, for  example archival, web-hosting, analytics providers in connection with the operation of our  online services, event hosting, information technology providers, auditing, reference  checking, professional advisory (including legal, accounting, financial and business  consulting), mailing vendor, delivery, technology, website, research, banking, payment,  client contact, data processing, insurance, forensic, litigation support, marketing and  security services.  
  • All, or most, of the assets of Newstead Capital or any single business unit within Newstead  Capital are merged with or acquired by a third party, or we expand or re-organise our  business, in which case your personal data may form part of the transferred or merged  assets. 
  • We are under a legal, regulatory or professional obligation to do so (for example, in order  to comply with a Court Order).  

Any third parties that we may share your data with are obliged to keep your details securely,  and to use them only to fulfil the service they provide you on Newstead Capital’s behalf. When  such third parties no longer need your personal data to fulfil this service, they will dispose of  such details in line with Newstead Capital’s procedures unless they are themselves under a legal obligation to retain information (provided that this will be in accordance with applicable  data privacy laws). If we wish to pass your sensitive personal data onto a third party we will  only do so once we have obtained your consent, unless we are legally required to do otherwise. 

We also provide anonymous statistical information about users of our websites and related  usage information to reputable third parties, including analytics and search engine providers. 

We own the database rights in the information collected via our online services. We do not sell,  rent, or otherwise share information that reasonably identifies you or your organisation with  unaffiliated entities for their independent use except as expressly described in this Privacy  Notice or with your express prior permission. 

We may disclose your data to an actual or potential buyer (and its agents and advisers) in  connection with any actual or proposed purchase, merger, acquisition, restructuring or  insolvency of any part of our business, provided that we inform any recipient that it must use  your personal information only for the purposes disclosed in this Privacy Notice. 

We may share information that does not reasonably identify you or your organisation as  permitted by applicable law. 

  1. International Transfers 

Where you are submitting personal data from within the UK, such information may be  transferred to countries outside the UK. By way of example, this may happen if one or more of  our third party service providers with whom we share personal data in accordance with section  7 (Disclosure of your information) are located, or have their servers located, outside your  country or the country from which the data were provided. If we transfer your information outside  the UK in this way, we will take steps to ensure that your privacy rights continue to be protected,  such as entering in to the Standard Contractual Clauses with the importer. 

  1. Retention of your data 

We retain the information we collect for no longer than is reasonably necessary to fulfil the purposes that such data was originally collected in accordance with our internal data retention  polices or to comply with our legal and regulatory obligations.  

  1. Security 

We take steps to hold information securely in electronic or physical form. 

Our information security policy is supported by a variety of processes and procedures, and we  store information in access-controlled premises or electronic databases requiring logins and  passwords. All employees, officers or contractors of Newstead Capital and third-party providers  with access to confidential information are subject to access controls and confidentiality  obligations, and we require our third-party data storage providers to comply with appropriate  information security industry standards. 

Whilst we continually strive to ensure that our systems and controls are updated to reflect  technological changes, the transmission of information via the internet is not completely secure,  and as such we cannot guarantee the security of your data transmitted to our online services which is at your own risk.  

If you communicate with us using non-secure web platforms, you assume the risks that such  communications between us are intercepted, not received, delayed, corrupted or are received  by persons other than the intended recipient.

Once we have received your information, we will take reasonable steps to use procedures and  security features to try to prevent unauthorised access, modification or disclosure. 

You can help us to keep your information secure by ensuring that any username or password  in relation to our online services is kept strictly personal to you and not made available to any  other person. You should stop using your username and password and notify us immediately  if you suspect that someone else may be using your user details or password. 

  1. Cookies Policy 

Our website and services delivered online use cookies and other similar technologies, for  example, to distinguish you from other users when you browse our website(s) or use our online  services and to allow us to improve our online services.  

Cookies are small text files that are placed on your computer by websites that you visit. They  are widely used in order to make websites work, or work more efficiently to improve the user  experience, as well as to provide certain information to the owners of the site.  

We may, for example, collect information about the type of device you use to access our online  services, the operating system and version, your IP address, your general geographic location  as indicated by your IP address, your browser type, the content you view and features you  access on our online services, the web pages you view immediately before and after you  access our online services, whether and how you interact with content available on our online  services, and the search terms you enter on our online services.  

Newstead Capital’s website sets cookies which remain on your computer for differing times.  Some expire at the end of each session, and some remain for longer so that when you return  to our website, you will have a better user experience. 

Control of cookies 

Web browsers allow you to exercise some control of cookies through the browser settings. Most  browsers enable you to block cookies or to block cookies from particular sites. Browsers can  also help you to delete cookies when you close your browser. You should note however, that  this may mean that any opt-outs or preferences you set on our website will be lost. To find out  more about cookies, including how to see what cookies have been set and how to manage and  delete them, visit www.allaboutcookies.org which includes information on how to manage your  settings for the major browser providers. 

  1. Your Rights 

Under applicable data protection legislation, we have a duty of care to ensure that your personal  data is accurate and up to date. Therefore, please contact us to update or correct your  information if this changes or if you believe that any information that we have collected about  you is inaccurate at [email protected] 

Where you have consented to our processing of certain personal data, you can at any time withdraw such consent and/or tell us not to contact you with updates and information regarding  our products and services (or part of them) either at the point such information is collected (by  leaving the relevant box unticked) or, where you do not wish us to continue to use your  information in this way, by following the unsubscribe instructions on any communications sent  to you. Please note that where you withdraw your consent we will no longer be able to provide  you with the products or services that rely on having your consent. You can also exercise this  right at any time by contacting us using the contact details at the end of this Privacy Notice.

You can request: 

  • access to the personal data we hold about you 
  • corrections or updates to your details; 
  • the erasure of your personal data; 
  • the portability of personal data that you have provided to us in a structured, commonly  used and machine-readable format. 

You also have the right to object to, or request the restriction of, our use of your personal data.  

If you would like to exercise any of the rights set out in this section, please contact us using the  details set out in section 14 (Further information) below. We may refuse to provide access where we have legitimate reasons for doing so under applicable data privacy laws, and in  exceptional circumstances may charge a fee for access if the relevant legislation allows us to  do so, in which case we will provide reasons for our decision. 

You may submit a complaint to the Information Commissioners Office, details of which can be  found at https://ico.org.uk/global/contact-us. 

If you make a privacy complaint, we will respond to let you know how your complaint will be  handled. We may ask you for further details, consult with other parties and keep records  regarding your complaint. 

  1. Status of this statement 

Your provision of personal data to us or use of our online services constitutes your acceptance  of the terms of this Privacy Notice. 

As technologies and information governance practices develop, and data privacy laws (and  surrounding guidance) evolve, we may need to revise this Privacy Notice. You should therefore  review this page regularly to ensure that you are aware of any changes to its terms. 

We will post any Privacy Notice changes on this page and, if the changes are significant or may  materially impact upon your rights, we will provide a more prominent notice or contact you by  other means (including, for certain services, email notification of Privacy Notice changes). 

  1. Further information 

To find out more about Newstead Capital please visit https://newsteadcapital.com/ . 

Newstead Capital at your request, can confirm what information we hold about you and how it  is processed. If Newstead Capital does hold personal data about you, you can request the  following information by contacting us using the details below:  

  • Identity and the contact details of the person or organisation that has determined how and  why to process your data.  
  • The purpose of the processing as well as the legal basis for processing. 
  • If the processing is based on the legitimate interests of Newstead Capital or a third party,  information about those interests. 
  • The categories of personal data collected, stored and processed. 
  • Recipient(s) or categories of recipients that the data is/will be disclosed to. • How long the data will be stored.
  • The source of personal data if it wasn’t collected directly from you. 
  • Any details and information of automated decision making, such as profiling, and any  meaningful information about the logic involved, as well as the significance and expected  consequences of such processing. 

In order to verify the identity of those who make a request to us, we will accept the following  forms of ID when information on your personal data is requested: 

  • Passport,  
  • Driving licence, Birth certificate,  
  • Utility bill dated within the last 3 months. 
  1. Contact 

If you have any questions, concerns or comments about this Privacy Notice, or want to submit  a written complaint about how we handle your personal data, please contact us via any of the  following means: 

Our contact details are as follows: 

Contact address: 30 Newman St, London, W1T 1PT 

Email: [email protected] 

The Privacy Officer for Newstead Capital is Angus Donaldson