Privacy Statement

PRIVACY POLICY

NCM Fund Services Limited, NCM Fund Services (England) Limited, NCM Group Jersey Limited and NCM Depositary Services Limited (the "NCM Group") respects privacy and we are committed to protecting personal data.

Our website privacy policy explains how we collect, process and look after personal data when our services are engaged or when you visit this website (regardless of where you visit it from) and also provides information about your privacy rights and how the law protects you.

Our website is not intended for children.

It is important you read this privacy policy together with any other privacy policy, privacy statement or fair processing policy 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 data. This policy supplements other such information and is not intended to override it.

Information about cookies operating on our website is available below. Also, our website may include links to third-party websites, plug-ins and applications. Clicking on such links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy policies. When leaving our website, we encourage you to read the privacy policy of any website you visit.

Who are the NCM Group?

This privacy policy applies to the UK limited companies listed below, which are authorised and regulated by the Financial Conduct Authority:

NCM Fund Services Limited (company number SC166074 and FCA number 183732)
NCM Depositary Services Limited (company number SC453235 and FCA number 605659)
NCM Fund Services (England) Limited (company number 10351562 and FCA number 757495)

It also applies to NCM Group Jersey Limited which is regulated by the Jersey Financial Services Commission for the provision of fund services business and trust company business. It is a limited liability company incorporated in Jersey under company number 139177. Whenever mentioning the NCM Group ("we", "us" or "our" in this privacy policy), we are referring to these companies, each of which are independent controllers responsible for processing personal data.

We have appointed a Compliance Manager who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about it or our privacy practices, including any requests to exercise your legal rights, please contact Kathleen McLeay at info@ncmfundservices.com.

We keep our privacy policy under review. This version was last updated on 10 August 2023. Historic versions can be obtained by contacting us.

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

You can access the Financial Services Conduct’s register on the FCA website for more information about our business.

What personal data does NCM Group use?

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 identity has been removed (anonymous data).

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

Contact data: residential and mailing addresses, including documentary evidence of current addresses such as a utility bill for example, email address, telephone numbers.

Criminal offence data: as defined by law, personal data relating to criminal convictions and offences or related security measures.

Education and qualifications data: relates to education, skills and qualifications, including details pertaining to registration, membership or licences with any regulatory bodies.

Financial and transaction information: includes information about sources of wealth and/or funds, such as economic origin of monies to be used in a business relationship or one-off transaction, or activities which generate those monies (e.g. salary, trading revenues, or payments out of a trust) and all related transaction information (such as details of bank accounts, payment cards, senders, recipients and amounts of funds transferred) and details of countries or territories where resident for tax purposes.

Family, lifestyle and social circumstances data: includes details of previous addresses and dates resident there, any information relating to the family and other household members, as well as information about the data subject’s lifestyle and social circumstances provided voluntarily (for example, within a resume or CV, including social media information).

Identification document data: information issued as a unique identifier by a public authority or regulatory body, such as passport details, national insurance numbers, identity card numbers, driving licence details, Individual Reference Number (IRN) and tax identification numbers (TIN).

Identity data: first and last name, maiden name and other previous names, dates of and reasons for name changes, signature, as well as information about gender, nationality, age, date and place of birth, and any information that identiﬁes an individual or their personal characteristics, including physical description.

Profile Data: includes any username or similar identifiers, and passwords particular to an individual, communication preferences, feedback and survey responses.

Politically Exposed Person data: personal information about a Politically Exposed Person within the meaning of legislation such as, for example, the UK’s Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (SI 2017/692) (Money Laundering Regulations 2017 or MLRs 2017) or, in Jersey, Article 15A of the Money Laundering (Jersey) Order 2008.

Professional, career and business data: includes information about an individual’s business background, current and previous professional and business arrangements (such as employment(s), partnership(s), contract(s) for services, fiduciary office(s) or roles such as directorships or trustees or guardians, shareholding(s), ownerships or where having a material controlling interest or exerting control) with any business, firm, company or organisation, involving particulars such as job title, purpose and intended nature of business relationship, responsibilities, information about complaints, investigation and/or disciplinary proceedings, reasons for termination or leaving, whether declared bankrupt or equivalent), for example being concerned in management of an entity subject to an insolvent liquidation, disqualification from holding office, being the subject of a judicial or governmental enquiry or any sanctions, as well as information about the data subject’s professional, career and business background provided voluntarily (for example, within a resume or CV, including social media information).

Special category data: as defined by law, including personal data revealing political opinions, religious or philosophical beliefs, biometric data where used for identification purposes, sexual orientation or health information.

Technical data: internet protocol (IP) address, 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 used.

Usage data: information about how website services are used.

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

Where we need to collect personal data, for example to comply with a legal requirement, and that data is not provided when requested, we may not be able to provide services. In such cases, we may have to cancel or decline to offer a service, but we will always discuss those situations at the time if they should arise.

How does NCM Group collect personal data?

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

Direct interactions. You may give us personal data by filling in online forms or registering to use our website, subscribing to our services and/or corresponding with us by post, phone, email or otherwise.
Third parties. We receive personal data from other businesses to which we provide commercial services and which facilitate the provision of these services to our clients (e.g. other third party service providers, auditors etc). Also we receive personal data from fraud prevention agencies, such as World Compliance and RiskScreen to assist in our assessments. (Please note that such searches do not leave a ‘footprint’ on individuals’ credit files.)
Publicly available sources. We also collect personal data from publicly available sources, such as the Electoral Register and companies registries in various jurisdictions.
Automated technologies or interactions. As you interact with our website, we automatically collect Technical Data about your equipment, browsing actions and patterns. This personal data is collected using cookies and other similar technologies.

Please see our cookie policy below.

How does NCM Group use personal data?

NCM Group will only use your personal data when the law allows us.

Most commonly, we use personal data in the following circumstances:

Where we need to comply with a legal obligation.
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.

Generally, except in relation to cookies, we do not rely on consent as a legal basis for processing personal data. See our Cookie Policy for details.

For what purposes does NCM Group use personal data?

We have set out below, a description of all the ways we may use personal data, and which of the legal bases we rely on to do so (identifying our legitimate interests where appropriate).

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

Purpose: To provide our services

Categories of data: Aggregated Contact; Criminal offence; Education and qualifications; Financial and transaction information; Family, lifestyle and social circumstances; Identification document; Identity; Profile; Politically Exposed Person; Professional, career and business; Special category; Technical; Usage.

Basis for processing:

(a) Necessary to comply with a legal obligation (such as performing anti-money laundering checks against directors, staff or beneficial owners before providing services, which would include verifying identity and complying with legal, regulatory and compliance requirements that apply to us in relation to detection and prevention of fraud and other crimes)

(b) Necessary for our legitimate interests or the legitimate interest of a third party (to provide commercial services and run our business, examples of this including to make necessary arrangements with the FCA to appoint an Approved Person or a business as an Appointed Representative)

Purpose: To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

Basis for processing:

(b) Necessary for our legitimate interests or the legitimate interest of a third party (which would include, for example, provision of administration and IT services, network security, auditing and statistical analysis, reporting on and running our business, and also activities in the context of a business reorganisation or group restructuring exercise)

Purpose: To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you

Categories of data: Contact; Profile; Technical; Usage

Basis for processing: Necessary for our legitimate interests (to study products or services are used, to develop them, to grow our business and to inform our marketing and development strategy)

Purpose: To use data analytics to improve our website, products/services, marketing, customer relationships and experiences

Categories of data: Aggregated Contact; Profile; Technical; Usage

Basis for processing: Necessary for our legitimate interests (to define types of business customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)

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. Should 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. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, contact us.

Please note that we may process your personal data without your knowledge or consent, in accordance with this privacy policy, where required or permitted by law.

When may NCM Group share personal data?

We may share your personal data with the parties below for purposes set out above.

Other companies listed in this privacy policy which may involve transferring your data outside the UK to Jersey.
HM Revenue & Customs, tax authorities, regulators and/or supervisory authorities, such as the UK’s FCA, the Jersey Financial Services Commission and any other applicable EU authorities who may require reporting of processing activities in certain circumstances, such as for the prevention of fraud and terrorist activities.
Service providers acting as processors who provide IT and system application solutions. This includes SoConnect who provide third party IT support, FIS who provide hosted accounting platform services, KYC360 RiskScreen who provide KYC and AML onboarding services including ongoing screening, and any other third-party service providers who assist in the delivery of contracted services to clients.
External third parties acting as controllers, such as our professional advisers, including lawyers, bankers, auditors, employee benefit providers, payroll services and insurers who provide consultancy, banking, legal, insurance and accounting services.
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 policy.

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.

Whenever we transfer personal data out of the UK, we ensure a similar degree of protection is afforded to it by only transferring it to countries that have been deemed to provide an adequate level of protection for personal data or alternatively, when appropriate, we use specific contracts approved for use which give personal data the same protection it has in the UK and/or the EEA.

Is my personal data secure with the NCM Group?

We have 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 staff 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 in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where legally required to do so.

How long will the NCM Group retain personal data?

We only keep personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements.

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, regulatory, tax, accounting or other requirements as a regulated business. In most cases, this is up to 10 years.

We may retain personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation.

Further details of retention periods for different aspects of your personal data are available in our Compliance Manual, which you can request by contacting us.

In some circumstances, as explained in this policy, you can ask us to delete personal data. Also, as mentioned previously, there are situations in which we will anonymise personal data (so that it can no longer be associated with an individual), in which case we may use this information indefinitely.

What are my legal rights?

Under certain circumstances, individuals have rights under data protection laws in relation to your personal data, as explained below.

If you wish to exercise any of the rights, please contact our Compliance Officer- Kathleen McLeay- email info@ncmfundservices.com or call 0131 603 7020.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). 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 try to respond to all legitimate requests within one month. Occasionally it could 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.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

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 data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

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 successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

If you want us to establish the data's accuracy.
Where our use of the data is unlawful but you do not want us to erase it.
Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

Cookie Policy

This website uses cookies to distinguish you from other individuals using or visiting it. This helps provide a good experience when you browse.

A cookie is a small file of letters and numbers that is stored on your internet browser or the hard drive of your device if you agree. Cookies contain information that is transferred to your device’s hard drive.

We use the following cookies:

Strictly necessary cookies. These are required for the operation of our website. They include, for example, Consent Cookies.
Analytical or performance cookies. These allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring users are finding what they are looking for easily.
Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you (for example, your choice of language or region).

You can find more information about the individual cookies we use and the purposes for which we use them below:

Session ID (PHPSESSID)

Session cookies, often identified by names like "PHPSESSID", are a type of temporary cookie used in web development to track a user's activity during a single browsing session. They are commonly used with server-side scripting languages like PHP but can also be implemented using other programming languages. Session cookies play a crucial role in maintaining user state and managing interactions on a website.

Session cookies work as follows:

Unique Identifier: When a user visits a website, a session cookie is generated and assigned a unique identifier (such as "PHPSESSID"). This identifier is used to associate the user's actions and data with their specific session on the server.
Temporary Storage: As the user navigates through the website, the session cookie is sent back and forth between the user's browser and the web server. It temporarily stores information such as user preferences, login credentials, items in a shopping cart, or any other data that needs to be maintained across different pages of the site.
Session Management: The server uses the session identifier to retrieve and update the stored data for the user's session. This allows the website to remember the user's actions and maintain a personalized experience during the browsing session.
Expiry: Session cookies have a limited lifespan and are usually set to expire when the user closes their web browser. Once the browser is closed, the session cookie is deleted, and the associated session data on the server is typically cleared as well.

Consent Cookie

Consent cookies, also known as "cookie consent" or "cookie compliance" cookies, are a type of cookies that are used to track and manage user consent preferences regarding the use of cookies and similar tracking technologies on a website.

Consent cookies are used to remember the user’s choices regarding cookie consent. For example:

If a user accepts or consents to the use of certain cookies, a consent cookie will be set to remember their preference. This ensures that the website can recognize the user's consent status on subsequent visits, avoiding the need to repeatedly ask for consent.
If a user declines certain cookies or chooses specific preferences, these choices are stored in a consent cookie. This allows the website to respect the user's preferences and not place certain cookies on their device.

Google Analytics

Google Analytics cookies are small text files that are placed on a user's device when they visit a website that uses Google Analytics, which is a web analytics service provided by Google. These cookies are used to collect and store information about how visitors interact with a website. Google Analytics cookies are a crucial part of tracking and analysing website traffic and user behaviour.

There are different types of Google Analytics cookies, each serving a specific purpose:

_utuma,_utmb, _utmt, _utmv, _utmz: These cookies are used to collect information about how users navigate and interact with a website. They track metrics such as pageviews, sessions, time spent on the website, and user interactions. The information gathered helps website owners and administrators understand user behaviour, identify popular content, and make informed decisions about website design and content.
_ga,_gid, _gat: These cookies are associated with the newer version of Google Analytics, called Universal Analytics. They serve similar purposes to the previous set of cookies but are used to distinguish users, track sessions, and throttle request rates to Google's servers.
_gac: This cookie is used to track campaigns or marketing efforts that lead users to a website. It helps website owners understand which marketing channels are driving traffic and conversions.

Google Analytics cookies do not collect personally identifiable information (PII) about website visitors. Instead, they track anonymous data such as user IP addresses, browser type, device type, and interactions within the website. This aggregated data is then used to generate reports and insights for website owners and administrators.

We do not share the information collected by the cookies with any third parties.