Privacy Policy

Privacy policy

This website, Shadowfall.com (our “Site”) is operated by ShadowFall Publications Limited (“we”). We are a limited company registered in England and Wales under company number 1985427. Our registered office address is:

1 King William Street, London, England, EC4N 7AF. We are an Appointed Representative (Firm Reference Number 842414) of ShadowFall Capital & Research LLP who are authorised and regulated by the Financial Conduct Authority (“FCA”) (Firm Reference Number 782080). 

This Privacy Policy applies to the personal information we collect from our Site and how we may use it.

The terms “you”, “your” and “yours” when used in this Privacy Policy refers to any visitor to or user of this Site.

Any personal information you supply to us via the Site (and by other means) will be treated in accordance with applicable data protection law (see Your Personal Data and Your Legal Rights section below). Where you provide us with personal information relating to others via the Site, you confirm that you have their consent or are otherwise entitled to provide this information to us and for us to use it in the ways described in this Policy.

 By proceeding with access to the Site you are deemed to have accepted the Terms and Conditions (including the terms of this Privacy Policy). If you do not agree with the Terms and Conditions as they apply to the Site, then please refrain from accessing or using the Site.

Changes to this privacy policy

We may revise the Privacy Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. If we make changes, we will notify you by revising the date at the bottom of the Privacy Policy and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification).

What information do we collect about you?

We may collect general information (using cookies) about the use of our Site, such as the areas you visit most frequently and which services you access or use. We only use anonymised aggregated data when we analyse data or visits to our Site.

This information helps us improve the Site. We may share this general information internally and with our business partners so that they too may understand how our Site is used. Please see our cookie policy below for more information about the categories of cookie we use.

From time to time, we may restrict access to some parts of our Site, or our entire Site, to users who have registered with us. If you register with us we may collect certain information from you to create, maintain and service your registration.

If you accept a push notification from us, we will collect your browser PushSubscription ID together with your IP address.

What information do we collect and how?

The personal information we collect through the Site may include details such as your name, e-mail address, postal address, telephone number and date of birth.

Personal information is collected by us on the Site via enquiries submitted through the Contact section of the Site. We may also use cookies or similar technologies to collect website usage information. For further information, please see the section on Cookies above. In addition we may also collect IP addresses via a web analytics package, or your browser PushSubscription ID if you accept a push notification from us.

This information may then be transferred to ShadowFall Capital & Research LLP for the purposes of providing our services to you.

ShadowFall Capital & Research LLP and ShadowFall Publications Limited are joint controllers of your data. They have entered into a joint controllers agreement in accordance with article 26 of the GDPR to jointly determine the purpose and means of processing your personal information.

Disclosing your data

There are circumstances where we wish to disclose or are compelled to disclose your personal data to third parties. This will only take place in accordance with the applicable law and for the purposes below above. These scenarios include disclosure:

 to our outsourced service providers or suppliers to facilitate the provision of our products or services to our users, for example, the disclosure to our customer relationship manager provider for the safe keeping of your personal data, webhosting provider through which your personal data may be collected, identity verification partners in order to verify your identity against public databases; to third party service providers and consultants in order to protect the security or integrity of our business, databases and systems and for business continuity reasons, including any third party service provider used to screen communications for legal and regulatory compliance purposes to another legal entity, on a temporary or permanent basis, for the purposes of a joint venture, collaboration, financing, sale, merger, reorganisation, change of legal form, dissolution or similar event. In the case of a merger or sale, your personal data will be permanently transferred to a successor company to public authorities where we are required by law to do so; and to any other third party where you have provided your consent.

Security of Personal Data

We will take all reasonable steps to ensure that any personal data that you provide via the Site is kept secure. Although we endeavour to protect your personal data, because of the nature of the Internet, we cannot guarantee the security of your data transmitted to the Site and any inward transmission of data is carried out at your own risk.

The information you provide to us or that we hold about you is stored, where applicable, in a secure cloud server, electronically in our databases.

We are based in the UK. All data we collect will be stored in the European Economic Area (EEA).

What will the information we collect be used for?

We may use the information we collect to send you information about our products and services and any other services described in our Site or to deal with any queries or requests that you submit to us via the “Contact” section of the Site. We may also use the information we collect for statistical data for research purposes and to assist us in improving our processes, products and services. We will also use information collected to safe-guard against fraud and money laundering. We are required to report details of some suspicious activities to relevant authorities.

Legal basis of processing

Your consent to the processing specified in this Privacy Policy is the primary legal ground for our processing of your personal data. We will rely on this legal ground when, for example, you submit information to us via the Site, in which case you will see a short statement drawing your attention to our reliance on your consent.

 However, there may be circumstances where we may also rely on other valid legal grounds for the processing of your personal data, such as: your request for our products or services necessitating steps including processing of your personal data to be taken prior to entering into a contract with you and any processing that is necessary for the performance of such contract; and our legitimate interests as a business, except where such interests are overridden by your interests and fundamental rights; and where we need to process your data in order to comply with a legal obligation to which we are subject.

Your personal data will be retained until your last use or purchase of our products or services and/or where we have a legitimate and lawful purpose to do so. The retention of your personal data will be subject to periodic review. We may keep an anonymised form of your personal data, which will no longer refer to you, for statistical purposes without time limits, to the extent that we have a legitimate and lawful interest in doing so.

Your personal data and your legal rights

Any personal information you supply to us via the Site or via any third party website will be treated in accordance with applicable data protection laws including the Data Protection Act 2018 and the General Data Protection Regulation ((EU) 2016/679) (the “GDPR”) and any applicable legislation that supersedes or replaces these data protection laws.   

We are committed to delivering the rights that individuals are entitled to under data protection laws in the UK (or as otherwise applicable). These are: the right to request a copy of the personal information we hold about you. To do this, please write to us at the address shown below making clear that you are requesting a copy of your personal data and including full details of what you require. 

You may also be required to submit a proof of your identity and a fee; the right to object to your personal information being used for direct marketing. We will give you the ability to object to this, and where required we will ensure we obtain your consent before undertaking marketing; the right to object to your personal data being processed where the legal basis for the processing is our own legitimate interests as a business (see the ‘legal basis for processing’ section above). 

We will comply with such a request unless there is a lawful reason for not doing so, such as, when we need to continue to process your data to defend a legal claim; the right to rectification. You may request that we rectify any inaccurate and/or complete any incomplete personal data; the right to withdraw consent. You may, as permitted by applicable law, withdraw your consent to the processing of your personal data at any time. Such withdrawal will not affect the lawfulness of processing based on your previous consent. Please note that if you withdraw your consent, you may not be able to benefit from certain service features for which the processing of your personal data is essential; the right of erasure. 

You may request that we erase your personal data and we will comply, unless there is a lawful reason for not doing so. For example, there may be an overriding legitimate ground for keeping your personal data, such as, a legal obligation that we have to comply with, or if retention is necessary for us to comply with our legal obligations; the right to data portability. In certain circumstances, you may request that we provide your personal data to you in a structured, commonly used and machine-readable format and have it transferred to another provider of the same or similar services to us. Where this right is applicable, we will comply with such transfer as far as it is technically feasible; the right to lodge a complaint with the supervisory authority. We suggest that you contact us about any questions or if you have a complaint in relation to how we process your personal data. However, you do have the right to contact the relevant supervisory authority directly. To contact the Information Commissioner’s Office in the United Kingdom, please visit the ICO website for instructions.

The point of contact for further information about or to exercise any of the rights above is as follows:

Privacy Officer SHADOWFALL Publications Limited

1 King William Street, London, EC4N 7AF

In the first instance, you should direct any such request to us by email at address: compliance@shadowfall.com.

Errors & omissions

Your consent to the processing specified in this Privacy Policy is the primary legal ground for our processing of your personal data. We will rely on this legal ground when, for example, you submit information to us via the Site, in which case you will see a short statement drawing your attention to our reliance on your consent.

However, there may be circumstances where we may also rely on other valid legal grounds for the processing of your personal data, such as: your request for our products or services necessitating steps including processing of your personal data to be taken prior to entering into a contract with you and any processing that is necessary for the performance of such contract; and our legitimate interests as a business, except where such interests are overridden by your interests and fundamental rights; and where we need to process your data in order to comply with a legal obligation to which we are subject.

Your personal data will be retained until your last use or purchase of our products or services and/or where we have a legitimate and lawful purpose to do so. The retention of your personal data will be subject to periodic review. We may keep an anonymised form of your personal data, which will no longer refer to you, for statistical purposes without time limits, to the extent that we have a legitimate and lawful interest in doing so.

Third party links

The Site may contain links to other websites which are outside our control and are not covered by this Privacy Policy. If you access other websites using the links provided, the operators of these websites may collect information from you which will be used by them in accordance with their privacy policy, which may differ from ours.

Cookies

What is a cookie?

A cookie is a text file that is made up of letters and numbers, downloaded to a device when a user accesses certain parts of a website. Cookies are set on a device and then sent back to the website when the user visits the website again. Cookies recognise a user’s device and can be used to remember settings, like language and text size, or be used to show certain adverts to the user based on their previous viewing history (or what cookies they have collected).

What cookies do we use on this site & why?

We use several categories of cookie on this Site, for differing reasons. A brief explanation of each the cookies used can be found below.

Accepted cookies

This cookie is placed on your computer or device when you agree to our use of cookies and allows us to remember that you have accepted the terms of this policy. This means that we don’t have to display the cookies banner to you every time you visit the Site. This cookie will remain on your computer or device for 24 months.

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We use this cookie to check if cookies are available to be sent to your machine. It expires at the end of session.

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This cookie handles plugins on the site. It expires at the end of session.

How do I turn off cookies?

If you do not want to accept cookies, you can change your browser settings so that cookies are not accepted. If you do this, please be aware that you may lose some of the functionality of the Site. For further information about cookies and how to disable them please go to the Information Commissioner’s webpage on cookies at  https://ico.org.uk/for-the-public/online/cookies/ or visit https://www.youronlinechoices.eu

Consent for cookies

By using this Site, navigating around it and using our services, you agree to the use of cookies.

Given the nature of the cookies we use on our site and our intended audience of privacy professionals, we feel that an implied consent mechanism is appropriate and the least intrusive to our users’ experience of our Site.

Please note that if you choose to reject cookies, certain parts of this site may not be available to you or may not function properly.

For more information about cookies and how you can control them, please visit http://cookiepedia.co.uk/consent.

We do not intentionally collect any information via the Site from children under 16 years of age, shall delete the details of such users when a parent or guardian notifies us that any details have been obtained from their child.

Getting in touch

General enquiry

We have endeavoured to make our terms and conditions and privacy policy as straightforward as possible. However legal terms can be complicated. If you want to get in touch regarding or services or have a general question, you can contact us via the “Contact” section of the Site.

Complaints

If you have a complaint in relation to the Site, please contact us. Our contact details are:

SHADOWFALL PUBLICATIONS Limited  1 King William Street, London, EC4N 7AF.

E-mail – compliance@shadowfall.com

Last updated July 2019

August 2019

GDPR Privacy Notice

Data protection privacy notice

We are committed to protecting your personal information and ensuring we respect your privacy.  This Privacy Notice explains how we will look after and use any personal information that we collect about you.

What is personal information?

Personal information means any information about you from which you can be identified.  Examples of personal information include your name, home address, national insurance number, date of birth, telephone number and e-mail address but it also includes other pieces of information which can be used to identify you, either directly or indirectly, such as a cookie.

Who we are

ShadowFall Capital & Research LLP (“we” or “us”) is the Controller of the personal information you provide to us. ShadowFall Fund Limited is also a Controller of some of the personal information you may provide to us and together are considered joint controllers of your data. ShadowFall Capital & Research LLP and ShadowFall Fund Limited have entered into a joint controllers agreement in accordance with article 26 of the GDPR to jointly determine the purpose and means of processing your personal information where applicable.

If you have any questions about this Privacy Notice or the information we or the fund you invested in hold about you then please contact our Compliance Officer using the details set out below:

 

  • Email address: kirsty@shadowfall.com
  • Postal address: 1 King William Street, London, EC4N 7AF, United Kingdom
  • Contact telephone number: 0203 7130 932
 
You have the right to make a complaint at any time to the Information Commissioner’s Office (“ICO”), the UK supervisory authority for data protection issues. We would however appreciate the chance to deal with your concerns before you approach the ICO, so please contact us in the first instance.
Consequences of not providing some types of information

Where we need to collect your personal information by law, or under the terms of a contract we have with you, and you fail to provide that information when requested, we may not be able to provide the goods or services you asked for.  In this case we may have to cancel the product or services but we will tell you if this is the case.

How do we collect information about you?

Typically we will collect information from you when you contact us directly or provide information in order for us to provide our products and services.  We collect information from and about you in the following ways:

 

Through direct interactions when you give us your personal information by filling in forms or during correspondence with us.  This includes when you:

 

  • Apply for our products and services;
  • Email us or provides us with a business card;
  • Meet with us in person or speak on the phone;
  • Reply to CDD requests;
  • Enter into a contract with us (invest in a fund or sign up to our research service);
  • Use our website; and
  • Complete questionnaires, for example to give us feedback.

 

 

Apart from the information we collect directly from you we may collect the following information from third parties in the course of seeking out for potential investors and/or research clients.

 

When seeking out for potential investors for the fund(s) we manage we may collect the following from a mutual contact or introducer:

  • Name
  • Home address
  • Work address
  • Personal email
  • Work email
  • Work telephone
  • Mobile telephone

 

When seeking out for potential clients for our research service we may collect the following from the FCA register, Bloomberg, LinkedIn or mutual contact:

  • Name
  • Work address
  • Work email
  • Work telephone
  • Mobile telephone

 

We do not collect any special categories of 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 or biometric data. 

How we will use your personal information

We only obtain, use and keep personal information where we need it for a specific purpose.  We set out in the table below the ways in which we plan to use your personal information.  We are only able to use your personal information if we have a proper legal reason or basis for doing so.  This is called a legal basis and the regulations require that we have a legal basis so that your privacy is protected.  Most commonly we will use your information in the following ways:

  • We have a contract with you. For example, we have agreed to provide financial advice or to manage investments for you and have a contractual agreement to do this.
  • We have a legal obligation. We need to use your personal information to comply with laws that assist in the prevention of financial crime and to comply with regulatory obligations. For example this might include confirming your identity and source of wealth, as well as ensuring we provide you with necessary information so you understand the risk of the financial services we can provide.
  • We, or a third party, have a legitimate interest in processing the information and your interests and fundamental right do not override those interests. For example, processing your information to prevent fraud.

We set out in the table below all the ways we plan to use your personal information and the legal bases we rely on to do so.  We also explain what our legitimate interests are where appropriate:

 

To on-board you as a new customer/investor

To fulfil our contact with you

To fulfil our legal obligations to prevent financial crime

To manage your account

Necessary for our legitimate interests – to recover debts due to us

To monitor your investment on an on-going basis

To fulfil our contract with you

To meet our regulatory obligations to provide you with regular information about your investment

To fulfil our regulatory obligations

To contact you about other products and services we think you may be interested in

Necessary for our legitimate interests – to develop our products and services and grow our business.

To purchase services from our suppliers

To fulfil our contracts with suppliers

To use data to improve our website

Necessary for our legitimate interests – to understand how our customers interact with our websiteWe will only use your personal information for the reason for which we collected it.

We will only use it for another reason if we believe that new reason is compatible with the original purpose.  If we do need to use your personal information for a non-related purpose we will tell you about it and explain the legal basis which allows us to do so.

Marketing

We want to contact you about products or services we feel will be of interest to you or of benefit. We use your personal information to communicate with you if we have either your consent or a ‘legitimate interest’. We believe that as a commercial enterprise we do have a legitimate interest in contacting you about our products or services and we will only do so if we decide it would be of interest or beneficial for you. However, when reaching out to private individuals we will also gain your consent to do so. If so, we will always ensure we seek consent from you in a way which is clear and explains why we are seeking consent to use your personal information. We will very clearly explain why we are seeking your consent and ensure that you are provided with a simple method of providing this – usually via tick box in our client agreement/terms of business.

You are free to change your mind at any time by contacting the Compliance Officer.

 

Cookies

Cookies are small text files placed on your computer (or other device where you access the internet) used to collect information on your activities online. We can collect information about the device you are using to access the internet, your IP address and website browser (for example). Cookies can tell us what information you were looking at, for how long, which internet sites interest you which are useful for us particularly for marketing our products and to ensure we are delivering the right service to clients.

 

If you have concerns about cookies and how we use them, please see our website privacy policy. For further information on cookies in general this web site explains how you can delete and control the cookies that are stored on your computer:  https://www.aboutcookies.org/

Who we share your information with

For investors in our fund(s) we may need to provide information to third parties for a variety of reasons, for example, we may need to provide information to assist in the detection or prevention of crime or for the purpose of safeguarding national security.  Please refer to the table in the section ‘How we will use your personal information’ which explains how we use your data.  The third parties we share your information with are as follows:

 

  • The fund(s) you are invested in;
  • The fund(s) bank; and
  • The fund(s) administrator.
Sending your information outside the EEA

The regulations which have been put in place to protect your privacy apply throughout the EEA.  As explained in the section above we will send your information to other third parties who are based outside of the EEA, however we will only share your information with them because the following safeguards have been put in place:

 

The information is being transferred between organisations which have an agreement in place including standard contractual clauses which sets out how your privacy will be protected.

 

You can obtain further information on the specific mechanism used by us when transferring your personal information outside of the EEA by contacting the Compliance Officer.

Storing your information

The period for which we will retain personal information will vary depending on the purposes that it was collected for, as well as the requirements of any applicable law or regulation. When we decide how long we will retain your personal information, we will take into account the amount, nature, sensitivity of your information and how we want to use it as well as the potential risk of harm being caused from unauthorised use or disclosure. We review our retention periods for personal information on a regular basis and will ensure all records are safely destroyed if we no longer need to retain them or you have contacted us to request so.

Your rights

You are provided with a number of different rights under the data protection laws in relation to your personal information.  These allow you:

 

  • To access your information;
  • To request we correct your information;
  • To request that we erase your information;
  • To object to the processing of your information;
  • To request a restriction in the processing of your information;
  • To request a transfer of your information; and
  • To withdraw your consent.

 

If you wish to exercise any of these rights against us or the fund you invested in then please contact the Compliance Officer. Please note that you will not have to pay a fee to access your personal information or to exercise any of the other rights.  We may, however, charge a reasonable fee if your request is clearly unfounded, repetitive or excessive or we may refuse to deal with your request.  We may also need to seek further information from you to confirm your identity before we release any personal information.  This does not affect your right to make a complaint.

Respective Responsibilities of ShadowFall Capital & Research LLP and the fund

As mentioned at the beginning of this Privacy Notice, we and the fund in which you invested will both act as data controller of your personal data.

 

If you would like to find out more about this arrangement or how to exercise your rights then you can either contact us or the fund in which you invested. However, as we take primary responsibility for providing you with all the information you need in relation to your personal data, we recommend that, in first instance, you contact us by getting in touch with our Compliance Officer. This will ensure that your enquiry is dealt with promptly and efficiently.

Security

We have put in place appropriate security measures to protect your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed.  We have a procedure to deal with any suspected personal data breach and will notify you, and other regulators, where we are legally required to do so.

Changes To This Privacy Notice

We reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information.