PRIVACY POLICY

HamiltonGold is currently managed by Rivers Capital Partners Ltd.

Rivers Capital Partners Limited understands that your privacy is important to you and that you care about how your personal data is used.  We respect and value the privacy of all of our Clients (investee companies and investors) and any organisation or individual who has applied to be a Client under our management, and will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law.  This website does not collect data except in tracking visits and traffic data unless you make an enquiry. We collect data in the course of managing and arranging investment funds, specific investment into businesses, marketing to and establishing new Clients.

  1. Information About Us

Rivers Capital Partners Limited is a Fund Manager, authorised and regulated by the FCA (Financial Conduct Authority).  Our core business is managing and arranging investment funds in un-listed securities (SMEs).  This includes providing fund management and brokerage services to businesses (investees), government funding and private investors.

Registered in England as a Limited Company under company number 6795536

Registered address: Clavering House, Clavering Place, Newcastle upon Tyne, NE1 3NG

Data Protection Representative: Managing Director       

Email address: info@riverscap.com

Telephone number: 0191 230 6370

Postal Address: as per Registered Address

Rivers Capital Partners is authorised and regulated by the Financial Conduct Authority, FCA no: 519469.

  1. What Does This Notice Cover?

This Privacy Information explains how we use your personal data: how it is collected, how it is held, and how it is processed. It also explains your rights under the law relating to your personal data.

  1. What is Personal Data?

Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.

Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.

The personal data that we use is set out in Part 5, below.

  1. What Are My Rights?

Under the GDPR, you have the following rights, which we will always work to uphold:

a.  The right to be informed about our collection and use of your personal data. This Privacy Notice should tell you everything you need to know, but you can always contact us to find out more or to ask any questions using the details in Part 11.

b.  The right to access the personal data we hold about you. Part 10 will tell you how to do this.

c.  The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete. Please contact us using the details in Part 11 to find out more.

d.  The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we have. This right shall need to be in accordance with certain legal requirements placed on us by the FCA and the laws governing investment in the UK that may apply to the personal data that we hold. Please contact us using the details in Part 11 to find out more.

e.  The right to restrict (i.e. prevent) the processing of your personal data.

f.  The right to object to us using your personal data for a particular purpose or purposes.

g.  The right to data portability. This means that, if you have provided personal data to us directly, we are using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases.

h.  Rights relating to automated decision-making and profiling. We do not use your personal data in this way.

For more information about our use of your personal data or exercising your rights as outlined above, please contact us using the details provided in Part 11.

Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau.

If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office.

  1. What Personal Data Do You Collect?

We may collect some or all of the following personal data (this may vary according to your relationship with us):

  • Name;
  • Date of birth;
  • Gender;
  • Address;
  • Email address;
  • Telephone number;
  • Business name;
  • Job title;
  • Profession;
  • Payment information, including bank details;
  • Driving licence/passport details, or ID as may be required;
  • Health or disability;
  • Information about your preferences and interests;
  • Email and other communications;
  • Information, if required, from third parties to enable us to fulfil our obligations as Fund Managers and as maybe required by our Regulator;
  • Any other information that we would have asked for, and you would have provided, that is relevant in regard to the express contract between us; including such information as maybe required by the FCA and/or Government Agencies, together with the fulfilment of our lawful business obligations as Investment Managers.
  1. How Do You Use My Personal Data?

Under the GDPR, we must always have a lawful basis for using personal data. Our main reason for collecting and storing personal data is through our activities as Fund Managers, including regulatory requirements placed upon us by the FCA UK and EU legislation. This may be because the data is necessary for our performance of a contract with you, because you have consented to our use of your personal data, or because it is in our legitimate business interests to use it. Your personal data will be used for at least one of the following purposes:

  • Providing and managing your Client (investee/investor) account
  • Supplying our services to you. Your personal details are required in order for us to enter into a contract with you
  • Personalising and tailoring our services for you
  • Communicating with you. This may include responding to emails or calls from you
  • Supplying you with information by email and post that you have opted-in to (you may unsubscribe or opt-out at any time by contacting us through our Data Protection Representative)
  • Providing information to our investor Clients, UK Government, ERDF, EIB, commissioners and others.

With your permission and/or where permitted by law, we may also use your personal data for marketing purposes, which may include contacting you by email, telephone and post with information, news and offers on our services. You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out.

  1. How Long Will You Keep My Personal Data?

We will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Your personal data will therefore be kept for the following periods (or, where there is no fixed period, the following factors will be used to determine how long it is kept):

  • Where our contract is governed by Directive, for a period of time which is required and compliant with the Directive, which is a period of 6 years following the completion of the contract;
  • For all data not under contracts governed by the Directive, a period which shall be in compliance with the FCA authorised and UK statutory requirements (i.e. AML (Anti-Money Laundering) regulations, etc.), which is a period of 5 years.
  1. How and Where Do You Store or Transfer My Personal Data?

We will only store or transfer your personal data within the European Economic Area (the “EEA”). The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein. This means that your personal data will be fully protected under the GDPR or to equivalent standards by law.

  1. Do You Share My Personal Data?

We may share your personal data with other companies in our group for the purposes of managing your account and communicating with you. This includes subsidiaries and our holding company and its subsidiaries.

We may sometimes contract with the following third parties to supply services to you on our behalf. These may include payment processing, delivery, and marketing. In some cases, those third parties may require access to some or all of your personal data that we hold:

  • North East Finance (NEF), (UK), for the purpose of contractual obligations. NEF is funded by, and must provide reports on its operations, to the UK Government Department for Communities and Local Government (on behalf of both the European Regional Growth Fund and the Regional Growth Fund) and the Department for Business Innovation and Skills (including the British Business Bank) (these are, collectively referred to as the “Departments”). The information provided by NEF to its funders is subject to the requirements of the Freedom of Information Act 2000 (the “Act”) and the Environmental  Information Regulations 2004 (the “Regulations”) which means that any information that NEF holds, which includes information about you or that you have provided to us and which we provide to NEF for evidential, monitoring or audit purposes may need to be disclosed in response to a request for that information under the Act or the Regulations unless an exemption in the Act or the Regulations applies
  • Loan management platform, (UK), for the purpose of loan book management including payment processing
  • Debt collection agency, (UK), for the purpose of debt recovery
  • Accountants and Banks, (UK), for the purpose of accounting and banking services
  • Auditors and Solicitors, (UK), for the purpose of professional services in support of our obligations in regard to FCA compliance and contracts
  • The FCA and other regulatory bodies.

If any of your personal data is required by a third party, as described above, we will take steps to ensure that your personal data is handled safely, securely and in accordance with your rights, our obligations and the third party’s obligations under the law, as described above in Part 8.

If any personal data is transferred outside of the EEA, we will take suitable steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the GDPR, as explained above in Part 8.

In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order or the instructions of a government authority.

  1. How Can I Access My Personal Data?

If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.

All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 11. To make this as easy as possible for you, a Subject Access Request Form is available for you to use. You do not have to use this form, but it is the easiest way to tell us everything we need to know to respond to your request as quickly as possible.

There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding.

We will respond to your subject access request within one month of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.

  1. How Do I Contact You?

To contact us about anything to do with your personal data and data protection, including making a subject access request, please use the following details for the attention of Data Protection Representative:

  • Email address:info@riverscap.com
  • Telephone number: 0191 230 6370
  • Postal Address: Rivers Capital Partners Ltd, Clavering House, Clavering Place, Newcastle upon Tyne, NE1 3NG

 12. Changes to this Privacy Notice

We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection.

We will inform you of any such changes through a re-issue of this Privacy Notice.