Information We Obtain from Third Party Source
We may obtain certain Personal information about you from a third party source, which we may use to serve our Legitimate Interests, comply with legal obligations, perform a contract or, in some cases, in accordance with your consent.
Business Partners and Service Providers – we use business partners and service providers, for example payment processors and analytics providers, to perform services on our behalf. Some of these partners have access to Personal Information about you that we may not otherwise have (for example, where you sign up directly with that provider) and may share some or all of this information with us. We use this information to administer the Services and conduct marketing campaigns as well as process transactions that you request. In this respect you acknowledge your right to object to the use of your Personal Information for marketing purposes by contacting SVL.
Supplemental Information: We may receive additional Personal Information from third party sources, such as public/subscription based databases which we may append to existing Investor and business partner information, such as email address verification. We may use this information to process actions that you may request and to prevent fraud and to improve our operations, Services and marketing offerings.
Additional Uses of Personal Information
In addition to the uses described above, we may use your Personal Information for the following purposes, which uses may under certain circumstances be based on your consent, may be necessary to fulfill our contractual commitments to you and are necessary to serve our legitimate interest, for example, in the following business operations:
- Operating our business, administering the Services and managing your accounts:
- Contacting you to respond to your requests or inquiries
- Processing and completing your transactions
- Providing you with newsletters, articles, service alerts or announcements, event invitations and other information which we consider to be of interest to you
- Providing you with marketing information and other information that are personally tailored to your interests and market profile
- Conducting market research, surveys and similar inquiries to help us understand trends and investor needs
- Administering investor profiles, analyzing you investments with us, presenting customized marketing
- Alerting you about a correction or providing marketing material
- Preventing, investigating or providing notice of fraud, unlawful or criminal activity or unathorised access to or use of Personal Information or to meet legal obligations
We rely on several legitimate interests in using and sharing your Personal Information. These interests include but are not limited to:
- Communicating with, paying funds to, keeping records for and providing Services for you
- Performing due diligence and contractual obligations
- Filing for regulatory and legal compliance
- Exploring ways to grow, administer, develop and market our business
- Ensuring the safety, security and legal compliance of the Services
We will retain your Personal Information only for as long as is necessary for the purposes set out in this Privacy Notice, subject to your right, under certain circumstances, to have your Personal Information erased (see Your Rights below) unless a longer period is required under applicable law or is needed to resolve disputes or protect our legal rights.
Unless agreed otherwise, if a prospective client does not proceed to take up our services, then we typically destroy the personal information which we have collected after six months have elapsed since the last meeting with the client. Any prospective client can contact us before then if they want their information destroyed sooner.
How We Share and Disclose Personal information
We share your Personal Information with third parties only in the ways described in this Privacy Notice. We may share your Personal Information within SFL, with service providers and business partners in connection with SVL transactions and to comply with the law and enforce our legal rights.
Service Providers: we share your Personal Information with third party service providers who complete transactions or perform services on our behalf for your benefit, such as payment processing, marketing, analytics, processing employment applications and performing human resources administration to verify personal data.
Affiliates: we may share your Personal Information with affilitated legal entities within SVL for purposes and uses that are consistent with this Privacy Notice.
Business Partners: we may share your Personal Information with our business partners for the purpose of administering programs and services, such as, (but not limited to), investor onboarding, anti-money laundering review and investor background examination.
Legal Processes, Safety and Terms Enforcement; we may disclose your Personal Information to legal or government regulatory authorities as required by applicable law. We may also disclose your Personal Information to third parties as required by applicable law in connection with background screens, claims, disputes or litigation or if we determine its disclosure is necessary to enforce our legal rights or contractual commitments that you have made.
Business Transfers: your Personal Information may be disclosed as part of a corporate business transaction of SVL, such as a joint venture or financing or sale of company assets and could be transferred to a third party as one of the business assets in such a transaction. It may also be disclosed in the event of insolvency, bankruptcy or receivership. You will be notified of any change of ownership or uses of Personal Information as well as your choices regarding your Personal Information in that eventuality.
We process all Personal Information in line with your rights, in each case to the extent required by and in accordance with applicable law.
- Upon request we will provide you with information about whether we hold any of your Personal Information . In certain cases you might also have the right to:
- Rectify any of your Personal Information which is inaccurate
- Restrict or limit the ways in which we use your Personal Information
- Object to the processing or your Personal Information
- Request the deletion of your Personal Information
- Obtain a copy of your Personal Information
To submit a request, please contact us as set forth in the Contact Us section below. We will respond to your request within a reasonable timeframe.
You also have the right to withdraw your consent to our processing of your Personal Information, where our processing is solely based on your consent. You can do this by contacting us as set forth in the Contact Us section below to request that your Personal Information is deleted. If you withdraw your consent to the use of your Personal Information for the purposes set out in this Privacy Notice, you may not have access to all (or any) of the Services. Please note that we may, in certain cases, continue to process your Personal Information after you have withdrawn consent and requested that we delete it if we have a legal basis to do so. For example, we may retain certain information if we need to do so to comply with an independent legal obligation or if it is necessary to do so to pursue our legitimate interests in keeping the Services safe and secure.
If you have any complaints about our privacy practices, you have the right to lodge a complaint with your national data protection authority.
Updates to the Privacy Notice
This Privacy Notice is subject to occasional review and if we make any material changes in the way we use your Personal Information we will notify you by email. Please note that at all times you are responsible for updating your Personal Information to provide us with your most current email address along with any other provided contact information or settings. In the event that the last email address you have provided us with is not valid or for any reason is not capable of delivering to you a notice from us, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice.
Managing Communication Preferences
If you have provided us with your contact information, we may send you email messages or other communications regarding services. At any time you may elect to discontinue receiving commercial messages from us by submitting an opt-out request to the contact information below or by following the unsubscribe instructions in the form of the communication you received, as described below.
Printed/electronic material: to opt out of receiving printed/electronic marketing material at your postal/email address, please contact us at the addresses below. Please be sure to include your name and mailing/email address exactly as they appear on the respective communication you received.
Emails: to opt out of receiving marketing communications via email, please send an Unsubscribe request to the email address below or click on the Unsubscribe link at the bottom of the email that was sent to you. Please note that you may continue to receive certain transactional or account-related electronic messages from us.
If you have any questions, comments, requests or concerns about this Privacy Notice or other privacy related matters, you may contact us in the following ways:
Address: Thistle Court, 1-2 Thistle Street, Edinburgh, EH2 1DD
Stewardship Code – policy
The UK Stewardship Code (“Code”) was published on 25 October 2019 and, with effect from 1 January 2020, is a revision of the earlier version of the Stewardship Code, published in 2012 by the Financial Reporting Council (“FRC”), the UK’s independent regulator responsible for promoting high quality corporate governance and reporting to encourage investment in UK listed companies. Under COBS 2.2.3 of the FCA Handbook, SFL is required to make a public disclosure in relation to the nature of its commitment to the Financial Reporting Council’s (“FRC”) Stewardship Code. The FCA, via COBS 2.2.3, requires a firm that is managing investments for a professional client to disclose clearly in an accessible form:
- the nature of its commitment to the Financial Reporting Council’s Stewardship Code; or
- where it does not commit to the Code, its alternative investment strategy.
As a manager of secondary venture capital funds, Shackleton Finance Limited (“SFL”) does not generally invest in quoted equities and we do not manage funds for retail investors.
SFL supports fully the objectives of the Code, and its broader application by institutional investors and takes its management and stewardship responsibilities seriously. As such, we believe it is important to remain up to date on issues impacting our investee companies, and to engage with them where appropriate. We assess any issue in terms of its impact to the long-term value of an underlying company and thus the value of our clients’ holdings.
At SFL we also believe that good long-term performance of companies is directly related to their approach to good governance, ethical and environmental responsibility and consideration of social impact. We work closely with our investee companies to encourage this, often by having board representation.
However, we have not formally signed up to the Code because of the nature of our business, involving a close relationship with both investors and investees, and because we consider it would be a duplication.
The BVCA response to the FRC consultation process was taken into consideration when defining SFL’s approach to the Code:
Their response can be summarised thus:
“Considering the stewardship practices already in place within our industry, we believe the Code is less applicable for PE/VC firms as adopting it will result in duplicative reporting requirements, albeit in a different form.’
Therefore, while SFL supports the objectives that underlie the Code, the nature of SFL’s investment strategy is such that the stewardship practices and reporting practices already in place are in line with the Code.
For further information on the application of the Code and related matters, please contact the Head of Compliance: Hugh Stewart
Revised: July 2021