How we handle your data

Polar Capital (“we”, “us”, “our”) is committed to protecting data it receives about its investors, service providers and suppliers (“you”, “your”) and complying with the General Data Protection Regulation (‘GDPR’).

We may obtain data directly from you in our role as investment manager for our funds.

When you visit our Website, you may be asked to provide certain information about yourself including your name and contact details to access restricted sections of our website content. Cookies, which collect information about you and your use of the website, may also be in use on our website. Cookies are small amounts of data that are transferred to your computer or device by our web servers. Polar Capital retains a Cookie Policy which describes the cookies used, how they operate and how you may disable them.

In addition, we may also collect information about you from e-mails, letters or any other correspondence between you and us.

This notice sets out the basis by which Polar Capital collect, use and disclose your Personal Data, as well as your rights with respect to such Personal Data.

We may update this Privacy Notice from time to time and will publish an up to date copy of the Privacy Notice from time to time on the Polar Capital Website.

1. Contact Details of the Controller

When Polar Capital receives information from you it is acting as data controller under the GDPR. If you have any questions relating to your data or how it is collected or processed, please address them using the contact details below.

Address: Polar Capital, 16 Palace Street, London, SW1E 5JD

Email: data.protection@polarcapital.co.uk

Contact: Boura Kym Tomlinson Cann – Group Chief Legal and Compliance Officer

2. What Personal Data we hold on you

Please see below for a summary of the personal data we may collect and use about you, depending on your circumstance and your role:

Type of Information Examples (Please note these examples are illustrative and non-exhaustive)

Information about you:

name, address, date of birth, marital status, nationality, contact information, payment details (inc. account numbers, bank statements), identity verification documents, information relating to tax residency status, and preferred language, IP addresses, job title, place of employment.

Information to contact you at work or home:

name, address, telephone, and e-mail addresses.

Information to identify you:

Photographs, passport and/or driving license details, electronic signatures.

Information about your suitability to invest in Polar Capital Funds:

source of funds/ wealth, employment status, investment objectives, Offshore Trust - original trust deed

Offshore Trust - certified list of trustees

Offshore Trust – where settler deceased grant of probate/ will

Offshore Trust - certified list of those authorised to act on behalf of trust

Transaction history

Information on financial instrument portfolio

Industry experience

List of Shareholders of Institution

Academic/professional/vocational qualifications

Approx net worth

Information on investment portfolio – current and historical

3. Why do we need to collect and use your personal information?

As part of its role as investment manager to its funds and to facilitate day to day business communications, Polar Capital may process your data in the manner described below:

Correspondence with you

Examples (Please note these examples are illustrative and non-exhaustive)Basis for Processing
  • When you email Polar Capital your contact information will be stored within our email network
  • To ensure we can remain contact with you for business to business contact as a <b>legitimate interest</b> to the business.

Investor Onboarding Procedures

Examples (Please note these examples are illustrative and non-exhaustive)Basis for Processing
  • To assess your suitability to invest in Polar Funds;
  • To fulfil our internal ‘Know Your Customer’ procedures;
  • To ensure that no conflicts exist;
  • To ensure that Anti-Money Laundering checks are completed.
  • As a regulated entity Polar Capital has a <b>legal obligation</b> to ensure that it only communicates with professional investors about its Funds. As such we require certain personal data as detailed above from you to fulfil this obligation.

Client Servicing

Examples (Please note these examples are illustrative and non-exhaustive)Basis for Processing
  • To provide investors with updates on their investments such as through factsheets and presentations etc;
  • To invite investors to meetings, events and webinars;
  • To request feedback on recent events and webinars you have attended;
  • To respond to enquires or investor requests for further information.
  • In order to inform our investors of our Funds and to ensure we are treating our customer fairly we process contact information to in order that investors in our funds receive relevant updates relating to their investments. This is to fulfil Polar Capital business <b>legitimate interests</b>.

Marketing

Examples (Please note these examples are illustrative and non-exhaustive)Basis for Processing
  • To market Polar Capital and its funds through the provision of materials such as factsheets and market or sector commentaries;
  • To invite prospective investors to events held by Polar Capital and its fund teams;
  • To track the interaction of investors and prospective investors with Polar Capital’s electronic marketing activity; and
  • To provide targeted marketing and advertisements to individuals based on their website activity.
  • Polar Capital will provide marketing materials and event invitations to potential investors on the basis of Polar Capital’s <b>legitimate interests</b> to grow and sustain its business. Online tracking and targeted marketing and advertisements will be carried out by using cookies on the Polar Capital website and will operate on the grounds of <b>consent</b>.

Ongoing legal obligations

Examples (Please note these examples are illustrative and non-exhaustive)Basis for Processing
  • To comply with our legal obligations;
  • To ensure that the information being sent is being sent to the correct jurisdiction.
  • Polar Capital is subject to regulation in the UK, Europe and the US as such we may require your data to ensure we are in <b>compliance with regulations</b> from these authorities from time to time.

For any queries regarding the specific legal obligations Polar Capital is required to comply with while processing your data, please contact the Compliance Department.

The processing of the majority of information addressed in this privacy notice is required by us to carry out our legal duty or to carry out our contract with you. You are therefore obliged to provide Polar Capital with this information. If you refuse to provide the information required, this may lead to us not being able to facilitate our responsibilities towards your investment, such as providing you with updates on our Funds.

Where we are collecting from and processing personal data for you for our legitimate interests, you have the right to object to this processing. This right is addressed in Section 7. Please be aware that although the processing of some data is categorised as under our legitimate interest, this is to meet legal obligations from outside of the EU.

4. How long we keep your data for?

We will not keep your data for longer than is required to fulfil our obligations in point 3.

Where we are required to collect your personal data to comply with a legal obligation in relation to an investment in one of Polar Capital’s Funds, we may be required to retain such data for 7 years following the end of your investment, or longer if the relevant regulatory authority requires.

5. Transfers of Data to Third Countries

All the personal data we process is processed by our staff in the UK, however, for the purposes of IT hosting and maintenance, emails containing personal data are located on servers based in Canada. In order to ensure safeguards in relation to this transfer, we maintain administrative, technical and contractual safeguards designed to protect personal information we obtain directly from you against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.

Polar Capital’s websites are hosted by Huguenot’s who may act as data controller on behalf of your personal data. Please contact them for further information their Privacy Policy in relation to your personal data.

6. Receiving unsolicited personal information

Should you voluntarily provide Polar Capital with unsolicited information, for example speculative CVs you provide Polar Capital with such information, on the basis that you acknowledge that Polar Capital may process that personal data in the ways described within our privacy statement. We ask that you do not provide any sensitive information such as, political opinions, religious beliefs, racial or ethnic origin, trade union affiliation or health information.

7. How do we protect your personal information?

We have security arrangements in place to guard against unauthorised access, improper use, alteration, destruction or accidental loss of your personal information. You are required to help with this by ensuring that your own personal information and that of your colleagues and third parties are kept secure. You should not share your (or anybody else’s) personal information unless there is a genuine business reason for doing so.

We take appropriate organisational and technical security measures and have rules and procedures in place to ensure that any personal information we hold on computer systems is not accessed by anyone it shouldn’t be.

When we use third party organisations to process information on our behalf we ask them to demonstrate their compliance with our security requirements, and any instructions we may give them and their compliance with relevant data protection legislation throughout the time they work for Polar. These organisations take their instructions from us and their obligations with regard to what information they process and what they can do with it are agreed in the contracts we have with them.

8. Your Rights

You are entitled to exercise certain rights in relation to your data as of 25 May 2018. These rights may be subject to statutory restrictions, where they are applicable. The rights include:

  • The right to access your data;
  • The right to rectify any errors in your data;
  • The right, in certain circumstances, to erase your data;
  • The right to restrict the processing of your data;
  • The right, in certain circumstances, to object to your data being processed;
  • The right to withdraw consent; and
  • The right to complain.

Requests to access your data under the GDPR is free. However, please be aware that if the request is considered unfounded, excessive or repetitive, Polar Capital reserves the right to charge a fee for access.

Where data is provided by you on the basis of consent, you are within your rights to withdraw that consent at any time. Withdrawal of consent may result in benefits that were otherwise provided to you being withdrawn.

Please note that where your personal data is processed for the purposes of our legitimate interests, you have a right to object to such processing and the Fund and its appointed service providers will no longer process the personal data until it can be demonstrated that we have compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.

If you have an issue with Polar Capital using your data in any way detailed this notice, or you believe that your data is not being treated in the way described herein, please contact data.protection@polarcapital.com so that we can resolve any issue.

The Information Commissioners Officer (‘ICO’) is the supervisory authority in the UK for data protection. You may contact them should you have a complaint to make regarding the treatment of your personal data.

Website: https://ico.org.uk/global/contact-us/

Address: Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF

Tel: 0303 123 1113