Privacy Policy

Introduction

This Privacy Notice aims to provide you with information about how we collect and process your personal data either through your use of this website, or in relation to general enquiries before you become a client and we issue you with a Privacy Notice.

It is important that you read this Privacy Notice together with any other that we may provide on specific occasions when we are collecting or processing your personal data so that you are fully aware of how and why we are using it.

In accordance with the General Data Protection Regulation ((EU) 2016/679) (the EU “GDPR”) and the UK General Data Protection Regulation (the “UK GDPR”), this Privacy Notice sets out how we use your personal information and your legal rights in relation to your personal information.

This Privacy Notice applies to our use of any personal information which we may collect from you via this website, our investor portal, or which we may otherwise collect from you through any other means, such as email, phone or face to face communications. In addition, this Privacy Notice also applies to any information which we may collect about you from third party sources in the course of operating our business.

Data Controller and our Contact Details

Martley Capital Group Ltd. is the controller and responsible for your personal data (collectively referred to as ”Company”, “we”, “us” or “our” in this Privacy Notice).

We have appointed a Data Privacy Team which is responsible for overseeing any queries in relation to this Privacy Notice. If you have any questions about this Privacy Notice, including any requests to exercise your legal rights relating to your personal data, please contact the team using the details set out below.

Our full details are:
Full name of legal entity: Martley Capital Group Ltd.
Data Privacy Team email address: DataPrivacyTeam@martleycap.com

Postal address:
Martley Capital Group
Third Floor
The Monument Building
11 Monument Street
London
EC3R 8AF

Complaints and Contacting the Regulator

If you wish to contact us about your rights or if you have any complaints about our use of your information, please contact the Data Privacy Team, we will do our best to answer any question and resolve any complaint to your satisfaction.

If you feel that your data has not been handled correctly, or you are unhappy with our response to any requests you have made to us regarding the use of your personal data, you have the right to make a complaint in the UK at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues. You can contact them by calling +44 (0) 303 123 1113 or online at www.ico.org.uk/concerns. Please note we can’t be responsible for the content of external websites).

If you are based outside the UK, you have the right to lodge your complaint with the relevant data protection regulator in your country of residence.

Changes to the Privacy Notice and/or Your Data
This version of our Website Privacy Notice was effective on 3rd July 2023. This Privacy Notice may be amended from time to time, consistent with changing legal, regulatory, or client requirements. We will post any changes to this Privacy Notice on our website. If we make a material change to this Privacy Notice, we will provide you with appropriate notice on our website prior to the change becoming effective.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

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 data about you. We do not control such third-party websites and are not responsible for their privacy statements. When you leave our website, we would encourage you to read the privacy notice of every website you visit

Your Personal Data

Personal data is any information about an individual, from which that person can be identified. It does not therefore include data where the identity has been removed (anonymous data), including for statistical or analysis purposes.

To enable us to operate our business and promote our services effectively. It is necessary for us to hold and process personal information about: investors and potential investors; individuals who use our website or engage in other forms of communication with us; individuals who subscribe to receive information about our products and services; and individual tenants at our properties. Accordingly, we may collect, use, store and transfer different kinds of personal information about you which we have grouped together as follows (please note that this is not an exhaustive list):

• Identity Data includes name, title, date of birth, gender, personal description, job title and employment details.
• Contact Data includes address, email address and phone numbers.
• Financial Data includes bank account details and financial details.
• Transaction Data includes details about payments to and from you and other details of investments you have made with us, services you have purchased from us and/or contracts or leases you have entered into with us, as well as investments you have made into Martley Capital Group-managed or sponsored vehicles.
• Technical Data includes internet protocol (“IP”) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website and other systems operated by us.
• Profile Data includes details of any interests, preferences, complaints or feedback you have communicated to us.
• Usage Data includes information about how you use our website and services
• Informational Material / Communications Data includes your preferences in receiving informational materials and newsletters from us and your communication preferences.

We may also be required to process additional information about you in order to enable us to appropriately operate our business and promote our services effectively.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Notice.

We do not collect any Special Categories of Personal Data about you from our website, also known as Sensitive Personal Data (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

If you become a client we will issue a separate privacy notice detailing the additional personal data we will collect, how it will be processed and your rights and freedoms in respect of the same.

How we collect your personal information

We will collect personal information directly from you. For example, you may give us your personal information by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal information you provide when you: (i) apply for our services or make investments with us; (ii) provide us with any personal details in connection with your tenancy at any of our properties; (ii) subscribe to receive our services, newsletters, informational materials or other publications; or (iii) provide us with any feedback or other communications.

As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies.

In addition, we may also collect information about you from other entities in our group and from other third parties, including but not limited to third party providers or sub-contractors of technical services and payment services, analytics providers, business partners, fund administrators, professional advisers, property managers, estate agents, credit reference agencies, background check agencies and other third parties which provide services in connection with the operation of our business.

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your relationship with us.

Purposes for which we use your information

We will only use your personal information where we have lawful grounds for doing so. In most cases, we will use the information we hold about you in the following circumstances:

• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where it is necessary for the purposes of 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 obligation, any regulatory requirement and/or any other applicable law.

Below below we set out a description of the ways in which we may use your personal information and the relevant lawful grounds for processing which we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Please note that we may process your personal information for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal information where more than one lawful ground has been set out below.

Purpose: Registering you as a new investor / customer, including carrying out due diligence on you where this is required by law.

Lawful grounds for processing

• Necessary for the performance of a contract with you.
• Necessary to comply with our legal obligations.
• Purpose: Registering you as a new tenant at any of our properties, including carrying out due diligence on you where this is required by law.

Lawful grounds for processing

• Necessary for the performance of a contract with you.
• Necessary to comply with our legal obligations.
• Purpose: Providing you or any relevant fund with services in connection with any contract which you or the relevant fund have entered into with us, including any services in connection with making any investment with us.

Lawful grounds for processing

• Necessary for the performance of a contract with you.
• Necessary for our legitimate interests in operating our business effectively and providing services to you or to any relevant fund.
• Purpose: Performing our obligations in connection with any lease which you have entered into with us in relation to any of our properties.

Lawful grounds for processing

• Necessary for the performance of a contract with you.
• Purpose: Communicating with you for the purposes of providing services to you or any relevant fund or in connection with making any investment with us.

Lawful grounds for processing

• Necessary for the performance of a contract with you.
• Necessary for our legitimate interests in operating our business effectively and promoting our services.
• Purpose: Communicating with you in connection with any lease which you have entered into with us in relation to any of our properties.

Lawful grounds for processing

• Necessary for the performance of a contract with you.
• Necessary for our legitimate interests in operating our business effectively and promoting our services.
• Purpose: Managing our relationship with you, including but not limited to reviewing and responding to any communications or feedback submitted by you via our website or by post, phone, email or otherwise.

Lawful grounds for processing

• Necessary for the performance of a contract with you.
• Necessary for our legitimate interests in operating our business effectively, promoting and improving our services and responding to any queries or complaints in relation to our services.
• Purpose: Managing and collecting all applicable payments, fees and/or charges.

Lawful grounds for processing

• Necessary for the performance of a contract with you.
• Necessary for our legitimate interests in processing payments made by customers / investors and ensuring that we are able to recover all sums due to us.
• Purpose: Administering and protecting our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data).

Lawful grounds for processing

• Necessary to comply with our legal obligations.
• Necessary for our legitimate interests in running our business, ensuring the provision of administration and IT services, maintaining network security and preventing fraud.
• Purpose: Processing any application submitted by you to subscribe to our newsletters and providing you with such newsletters as requested.

Lawful grounds for processing

• Necessary for the performance of our contract with you.
• Necessary for our legitimate interests in developing and promoting our services and growing our business..
• Purpose: Providing you with informational materials and suggestions and recommendations about our services that may be of interest to you, as well as information about events that we may organise that may be of interest to you.

Lawful grounds for processing

• Necessary for our legitimate interests in developing and promoting our services and growing our business.

Information Materials

We may use your personal information to provide you with information in relation to services provided by us that may be of interest to you. You will receive such informational materials from us if you have requested this. You may also receive such materials from us if you have purchased services from us or engaged in negotiations with us in connection with our services and, in each case, you have not opted out of receiving such materials.

You can ask us to stop sending you informational materials at any time by contacting our Data Privacy Team using the details set out above.

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 get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us using the details set out in the section above.

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.

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.

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 above.

• Internal Third Parties – These include other companies in the Martley Capital Group acting as controllers or processors and who are based inside and outside the UK or the EU, and who may provide IT and system administration services and undertake leadership reporting among others.
• External Third Parties -These include service providers acting as processors who provide IT and system administration services, professional advisers acting as processors or controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services and HM Revenue & Customs, regulators and other authorities acting as processors or controllers who require reporting of processing activities in certain circumstances.
• Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Privacy Notice.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow 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.

International transfers

Please note that there may be instances where it may be necessary for us to transfer your information outside the UK or the European Economic Area, for example if we use third party service providers from another country. In these circumstances we shall put in place suitable safeguards to ensure that your information is held securely, such as the Standard Contractual Clauses. If you require further information about the safeguards put in place you can request it from us by contacting our Data Privacy Team using the details set out below:

We may transfer your information to the administrator and domiciliation agent for some of our funds, which is based in Jersey. The Data Protection Act 2018 confirms that, for the purposes of the UK GDPR, data transfers to Jersey are based on “adequacy regulations”. In addition, the European Commission has issued an adequacy decision in favour of Jersey which confirms that Jersey’s system of data protection legislation provides an adequate level of protection for personal data.

Please contact the Data Protection Team if you would like further information on the specific mechanism used by us when transferring your personal data out of the UK or the EEA.

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 breach where we are legally required to do so.

Data retention

We will retain your personal information 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. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances you can ask us to delete your data and in others we may anonymise your personal data so that it can no longer be associated with you for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

Your legal rights in relation to your information

Under the UK GDPR and the EU GDPR, you have several rights in relation to your information which we respect and aim to uphold in everything we do. These include the following:

• Request access to your personal data – (known as a subject access request or SAR) – 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 your personal data – This enables you to have any
• • incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request that we erase 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 successfully exercised your right to object to processing, where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law.
• Request the right to data portability –Where we process your information using automated means on the basis of either your consent or to perform a contract, you can request that we supply such information to another party
• Request the right to restriction of processing -You can require us to restrict our use of your information or object to how it is used in certain limited circumstances.
• Request the right to object to processing – Where we process your information on the basis of our legitimate interests, you have the right to object to us processing your information in certain circumstances.
• If we process your personal information for the purposes of providing you with direct marketing, you have the right to object at any time to the processing of your personal information for such purposes.

In circumstances where we process your information on the basis of your consent, you have the right to withdraw your consent to the processing of your information at any time.

If you wish to exercise any of the rights set out above, please contact our Data Protection Team at DataPrivacyTeam@martleycap.com

In order to confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights) we may need to request specific information from you. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We may use your personal information to provide you with information in relation to services provided by us that may be of interest to you. You will receive such informational materials from us if you have requested this. You may also receive such materials from us if you have purchased services from us or engaged in negotiations with us in connection with our services and, in each case, you have not opted out of receiving such materials.

You can ask us to stop sending you informational materials at any time by contacting our Data Privacy Team