Neural Capital Limited, a company incorporated in England and Wales with company number 8436120 and having its registered office at Austen House, Station View, Guildford, GU1 4AD, England, operates as an INVESTMENT MANAGER (the “Investment Manager”).
Neural Capital Limited is committed to protecting your privacy and maintaining the confidentiality and security of your personal information. Any personal information processed by the Investment Manager is controlled by the Investment Manager and the Investment Manager is the data controller of your personal information. The Investment Manager currently operates investments exclusively via Managed Accounts, (see below), that are held with Futures Commission Merchants or Futures Brokers, collectively known as “Brokers”. The Investment Manager, acting as a data controller, may pass this personal information or that of your directors, officers, employees and/or beneficial owners to the Brokers to facilitate the investment process. When processing your personal information, the Broker will act as a data processor.
This policy explains the manner in which the Investment Manager collects, utilizes and maintains non-public personal information ("personal information") about investors ("Investors"). "Managed Accounts" refers to separately managed investment accounts over which the Investment Manager has sole discretion to invest these monies in accordance with its prospectus and mandate.
Collection of Personal Information
The Investment Manager collects personal information about Investors in Managed Accounts, such as Investors' names, contact details and financial information, from the following sources:
• client agreements, investor questionnaires, Broker account forms, and other information provided by the Investor in writing, in person, by telephone, electronically or by any other means. This information includes but is not limited to name, address, nationality, employment information, and financial and investment qualifications;
• national identification documents including passports, driver’s licences or identity cards
• other interactions with the Investment Manager (for example, discussions with our employees); and
• verification services and consumer reporting agencies, including (but not limited to) an Investor's creditworthiness or credit history.
Why we use your personal information
Your personal data may be processed by the Investment Manager or the Broker (or any of their affiliates, agents, employees, or sub-contractors) for the following purposes:
• to facilitate the opening of your account with the Broker and the management and administration of your investments in the Managed Account on an on-going basis (the "Services") which are necessary for the performance of the Investment Manager’s obligations to you;
• in order to carry out anti-money laundering ("AML") checks and related actions which the Investment Manager or Broker considers appropriate (i) to meet any legal obligations imposed on the Investment Manager or Broker or; (ii) for processing in the public interest or; (iii) to pursue the Investment Manager's or Broker’s legitimate interests, in relation to the prevention of fraud, money laundering, terrorist financing, bribery, corruption, tax evasion and to prevent the provision of financial and other services to persons who may be subject to economic or trade sanctions, on an on-going basis, in accordance with the Investment Manager's and the Broker’s AML procedures;
• to comply with its legal obligations and, in particular, to report tax-related information to tax authorities;
• to monitor and record calls and electronic communications (i) for processing and verification of instructions, (ii) for investigation and fraud prevention purposes, (iii) for crime detection, prevention, investigation and prosecution, (iv) to enable the Investment Manager to enforce or defend any legal and administrative proceedings, regulatory investigations or enforcement actions, or (v) where the processing is in the public interest;
• to disclose information to other third parties such as service providers of the Investment Manager or Broker, auditors, regulatory authorities and technology providers in order to comply with any legal obligation imposed on the Investment Manager in order to pursue the legitimate interests of the Investment Manager;
• to monitor and record calls for quality, business analysis, regulatory requirement and related purposes in order to pursue the legitimate interests of the Investment;
• to update and maintain records and fee calculations;
• to retain AML and other records of individuals to assist with the subsequent screening of them by the Broker in pursuance of the Broker’s legitimate interests;
• to pursue the Broker’s legitimate interests, including:
1. managing the Services;
2. managing the Investment Manager’s business needs;
3. complying with applicable laws;
4. where processing is in the public interest.
Disclosure of Personal Information
The Investment Manager may share personal information about Investors or potential Investors with affiliates and non-affiliated third parties, as permitted by law.
The Investment Manager may also share personal information, without an Investor's consent, with affiliated and non-affiliated parties in the following situations, among others:
• to respond to any legal and administrative proceedings, regulatory investigations or enforcement actions;
• in connection with a proposed or actual sale, merger, or transfer of all or a portion of its business;
• to protect or defend against fraud, unauthorized transactions (such as money laundering), lawsuits, claims or other liabilities;
• to service providers of the Investment Manager in connection with the operations of the Managed Accounts, which may include brokers, attorneys, accountants, auditors, administrators or other professionals;
• to process or complete transactions requested by an Investor.
Recipients of Data and International Transfer of Data
The Investment Manager and Brokers may disclose your personal information as follows:
• to its service providers, and their affiliates, and other third-party service providers engaged by them to process the data;
• to competent authorities (including tax authorities), courts and regulatory bodies as required by law or requested or to affiliates for internal investigations and reporting.
The disclosure of personal information to the third parties set out above may involve the transfer of data to the United States of America, EU and other jurisdictions outside the United kingdom. Such countries may not have the same data protection laws as your jurisdiction. As your data controller, we will ensure that where your personal data is processed in such countries, there is an adequate level of protection or we have signed agreements incorporating Standard Contract Clauses or Binding Corporate Rules as appropriate.
Collecting Personal Information Legally
The Investment Manager can legally collect and use your personal information because collecting and using your personal information is necessary for the Investment Manager to operate the Investor’s Managed Account, and/or (b) carry out its legitimate business interests in carrying out any requests or orders made by an Investor, and/or (c) comply with applicable law and regulatory requirements.
Retention of personal information
The Investment Manager will retain your personal information for as long as required for the Investment Manager to perform the Services or perform investigations in relation to the Services and to enable them to comply with their legal obligations and exercise their legal rights.
You have the right to:
• obtain confirmation from the Investment Manager that your personal information is being collected and used by the Investment Manager and to access the personal information held by the Investment Manager;
• have your personal information corrected if it is inaccurate or incomplete at any time;
• erase, or the right to be forgotten, which means you can request deletion or removal of any personal information the Investment Manager holds about you at any time, subject to the Investment Manager’s legal obligations;
• block or suppress the Investment Manager collecting and using your personal information, which means the Investment Manager can continue to store such personal information but cannot further collect or use it in any way;
• obtain and reuse any personal information the Investment Manager holds about you for your own purposes across different services, which allows you to move, copy or transfer your personal information easily from the Investment Manager to another place notified by you to the Investment Manager in a safe and secure way without hindrance to the usability of your personal information; and
• object to the Investment Manager collecting or using your personal information where this is based on:
1. a legitimate interest or the performance of a task in the public interest; or
2. direct marketing.
To make any requests as listed above, please contact the Investment Manager at firstname.lastname@example.org.
The Investment Manager will confirm any requests relating to your rights above within four weeks of receipt of your request, or within 6 weeks of receipt of your request where the request is more complex.
Withdrawal of Your Consent
You can tell the Investment Manager to stop collecting and using your personal information at any time by emailing the Investment Manager at email@example.com.
Where the Investment Manager or the Broker requires your personal information to comply with AML or other legal requirements, failure to provide this information may mean that you will be unable to be accepted as an investor.
Protection of personal information
The Investment Manager maintains appropriate technical and organizational measures to ensure a level of security appropriate to potential risks, including physical, electronic and procedural safeguards, including:
• the pseudonymization and encryption of personal information where appropriate;
• ensuring ongoing confidentiality, integrity, availability and resilience of processing systems and services;
• ensuring the Investment Manager can restore access to personal information in a timely manner if a physical or technical incident occurs; and
• regular testing, assessment and evaluation of the effectiveness of its technical and organizational measures to ensure your personal information is secure.
The Investment Manager restricts access to the personal and account information of Investors to those employees who need to know that information during their job responsibilities.
Making a Complaint
If you would like to make a complaint about the way the Investment Manager has collected or used your personal information, please contact us at firstname.lastname@example.org.
You have the right to lodge a complaint with a supervisory authority in the country of your habitual residence or place of work or in the place of the alleged infringement if you consider that the processing of personal data relating to you carried out by the Investment Manager or its service providers infringes your privacy rights.