Foresight Group Privacy Notice

Introduction

Foresight Group respects your privacy and is committed to protecting your personal data. This privacy notice informs you about how we use and look after your personal data when you visit our website (regardless of where you visit from), when we provide our products and services to you and when information is provided to us relating to our investment business and also informs you about your privacy rights and how the law protects you.

For the purposes of this document, references to “Foresight” or “Foresight Group” shall mean Foresight Group LLP together with Foresight Group Holdings Limited and any entity in which Foresight Group Holdings Limited directly or indirectly owns at least a 50% controlling interest/shareholding.

Additionally, references to “ICO” shall mean the Information Commissioner's Office, the UK supervisory authority for data protection issues (www.ico.org.uk) or the equivalent authority in non-UK jurisdictions.

1. IMPORTANT INFORMATION AND WHO WE ARE
2. THE DATA WE COLLECT ABOUT YOU
3. HOW YOUR PERSONAL DATA IS COLLECTED
4. HOW WE USE YOUR PERSONAL DATA
5. DISCLOSURES OF YOUR PERSONAL DATA
6. INTERNATIONAL TRANSFERS
7. DATA SECURITY
8. DATA RETENTION
9. YOUR LEGAL RIGHTS
10. APPENDIX – FUNDS AND FORESIGHT-RELATED ENTITIES

1. Important information and who we are

Purpose of this privacy notice

This privacy notice aims to give you information on how Foresight collects and processes your personal data through your use of this website, including any data you may provide through this website, or when you request information about other products or services from Foresight or otherwise communicate with us, when we provide our products and services to you, when information and personal data is provided to us relating to our investment business and when you seek employment with Foresight, including submitting a CV or job application. This website is not intended for children and we do not knowingly collect data relating to children.

It is important that you read this privacy notice together with any other privacy notice or fair processing notice 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 privacy notice supplements these other notices and is not intended to override them.

Controller

Foresight Group LLP or another member of the Foresight Group is the controller and responsible for your personal data (collectively referred to as “Foresight”, “we”, “us” or “our” in this privacy notice).

The Foresight Group (also referred to as Foresight or Group) is made up of different legal entities, including our holding companies and ultimate holding company, partnerships, subsidiaries and affiliates, with the principal entities being Foresight Group LLP, Foresight Promoter LLP and Foresight Group CI Limited, together with the Funds and Foresight related entities listed in the Appendix at the end of this document. This privacy notice is issued on behalf of the Foresight Group so when we mention "Foresight", "we", "us" or "our" in this privacy notice, we are referring to the relevant company within the Foresight Group responsible for processing your data. In some cases, a member of the Foresight Group acts as a processor of personal data relating to investments in separate legal entities, such as venture capital trusts and Foresight related entities, established by the Foresight Group as vehicles for investment products and investee companies. In such cases the venture capital trust or other legal entity will be the controller of the personal data relating to its investors. This privacy notice applies to such data and the relevant Foresight Group company processes such data on behalf of the controller in accordance with this privacy notice. Foresight Group LLP is responsible for this website. We may share your personal data with any of the entities in the Foresight Group, some of which are located outside the United Kingdom and the European Economic Area, as further described in section 6 below.

Our GDPR Panel is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights (including any opt-out mentioned in this privacy notice), please contact them using the details set out below.

Contact details

The details of our principal operating entities and ultimate parent company are as follows:

• Group Contact Name: GDPR Panel
  • Group Contact Postal Address: Foresight Group LLP, The Shard, 32 London Bridge Street, London SE1 9SG
  • Group Contact Telephone Number: 0203 667 8100
  • Group Contact Email Address: DProtection@foresightgroup.eu
• Name of Legal Entity: Foresight Group LLP (No. OC300878: registered in England and Wales and authorised and regulated by the Financial Conduct Authority)
  • Address: Foresight Group LLP, The Shard, 32 London Bridge Street, London SE1 9SG
• Name of Legal Entity: Foresight Group CI Limited (No. 51471: registered in Guernsey and authorised and regulated by Guernsey Financial Services Commission); and
  • Group parent, Foresight Group Holdings Limited (No. 51521: registered in Guernsey)
  • Address: PO Box 650, 1st Floor, Royal Chambers, St Julian’s Avenue, St Peter Port, Guernsey, GY1 3JX
• Name of Legal Entity: Foresight Group Australia PTY Ltd (No. 611110617: registered in Australia
  • Address: Level 5, 20 Hunter Street, Sydney, NSW 2000
• Name of Legal Entity: Foresight Group Luxembourg S.A. (No. A00002875 (AIFM) and S00001082 (AIFMD): registered in Luxembourg and authorised and regulated by Commission de Surveillance du Secteur Financier, Luxembourg)
  • Address: 55, Allée Scheffer, L-2520, Luxembourg
• Name of Legal Entity: Foresight Group Italy S.R.L. (No. 11859671007: registered in Italy)
  • Address: Piazza Barberini, 52, 00187 Rome, Italy
• Name of Legal Entity: Foresight Group Iberia S.L. (No. B-67268383: registered in Spain)
  • Address: C/ José Abascal 56, 28003, Madrid Spain
• Name of Legal Entity: PiP Manager Ltd (No. 09425434, registered in England and Wales and authorised and regulated by the Financial Conduct Authority)
  • Address: c/o Foresight Group LLP, The Shard, 32 London Bridge Street, London, SE1 9SG

If you have a complaint relating to such data, please contact the GDPR Panel by email, telephone or post at the above address. 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 (www.ico.org.uk) or the equivalent authorities in non-UK jurisdictions. Data protection authorities for the EU are listed at: https://edpb.europa.eu/about-edpb/about-edpb/members_en. For any data protection matter concerning a member of the Foresight Group or a Foresight managed fund entity, we would, however, prefer to deal with your concerns before you approach the ICO or other competent authority and so please contact our GDPR Panel in the first instance.

Changes to the privacy notice and your duty to inform us of changes

This version was last updated on 5 June 2023 and previous versions can be obtained by contacting us. We may modify this privacy notice at any time but will provide advance notice of any material changes by either posting a notice to you or via our websites or by email to provide you with the opportunity to review these changes and choose whether or not to continue using our products or services.

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

This 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 these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

Who we are

Foresight Group is a leading independent infrastructure and private equity investment manager, which has been managing investment funds on behalf of institutional and retail investors for more than 30 years. The Group operates from its offices across various countries that are listed on the Foresight website at https://www.foresightgroup.eu/contact..

Foresight has large and growing networks of relationships with investors and their advisers, including institutional investors and Family Offices Worldwide and many High Net Worth and retail investors and their independent financial advisers, predominantly in the UK. In order to generate potential deal flow and identify suitable investment opportunities in the above-mentioned sectors, Foresight has similarly developed large and growing networks with a variety of parties including corporate financiers, accounting firms, lawyers, banks, brokers, non-executive directors, consultancies and infrastructure and private equity industry participants, principally in the UK, mainland Europe, Australia and the USA.

Foresight’s AUM (assets under management) span a number of Foresight fund entities, including Stock Exchange Listed Vehicles, OEICs, Limited Partnerships, Inheritance Tax Schemes (ITSs), Enterprise Investment Schemes (EISs) and Venture Capital Trusts (VCTs). Further information about Foresight’s AUM can be found on the Foresight Group website at About us (foresightgroup.eu)

The Group parent, Foresight Group Holdings Limited, was listed on the Main Market of the London Stock Exchange on 4 February 2021. Its principal operating entity, Foresight Group LLP, is authorised and regulated by the Financial Conduct Authority (“FCA”), ref no. 198020 and headquartered in The Shard, 32 London Bridge Street, London SE1 9SG. Foresight Group LLP is also a Registered Investment Adviser with the U.S. Securities and Exchange Commission, registration code 311974.

Foresight Group Luxembourg S.A, is registered in Luxembourg and authorised and regulated by Commission de Surveillance du Secteur Financier, Luxembourg, ref no A00002875 (AIFM) and S00001082 (AIFMD) and head quartered in 55, Allée Scheffer, L-2520, Luxembourg.

Foresight Group CI Limited is authorised and regulated by the Guernsey Financial Services Commission, ref no. 2006518 and headquartered at PO Box 650, 1st Floor, Royal Chambers, St Julian’s Avenue, St Peter Port, Guernsey GY1 3JX.

2. The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data which does not relate to an identified or identifiable person (anonymous data).

Your personal data will be held securely in Foresight’s systems and archives so that we and any other entities in our Group that you have dealings with, either now or in the future, can manage your relationship with us. This will include personal data you provide to us, and any additional personal information provided by you or others in various ways, including:

1. in applications to invest in Foresight products or for investment finance or for possible employment, in emails, letters and CVs, during telephone calls, at face to face meetings, interviews and conversations, when registering for services, in customer surveys, when you attend our offices (where you may be filmed on CCTV as set out in our applicable CCTV privacy notice), when you accept invitations to and attend events and promotions, enter competitions and when using any Foresight website, including websites of Foresight funds;
2. data used to help us combat fraud, money laundering, terrorist financing, other illegal activity and as obliged by law to assist tax authorities in collecting data (e.g. FATCA and CRS);
3. information Foresight Group entities receive from each other, from our business partners and networks, or through other organisations (e.g. business introducers, companies’ advisers, credit reference agencies, due diligence providers, insurance companies and fraud prevention agencies) whether in the course of providing products and services to you or otherwise, and from information we gather from your use of and interaction with our websites and the devices you use to access them and publicly available sources.

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

For prospective, existing and past investors

• Identity Data includes title, gender, forenames, surname, maiden name, user name or similar identifier, marital status, date of birth, nationality, tax number and national insurance number, passport, utility bills and similar information required under Anti Money Laundering legislation, and your image as may be recorded on CCTV when you visit certain of our offices.
• Contact Data includes correspondence and billing address, delivery address, post code, email address and telephone numbers.
• Financial Data includes bank account details including IBAN and SWIFT codes.
• Transaction Data includes details of products and services you have purchased from us, details about payments to and from you and details about parties related to you where relevant, including details about your Independent Financial Adviser, other advisers e.g. accountant or solicitor, your attorneys and trustees, your beneficiaries, your executors and HM Revenue & Customs and your authorisation to deal with the same.
• Technical Data includes internet protocol (IP) address (a string of numbers unique to your computer that is recorded by our web server when you use or request anything from our website which is used to monitor your usage of our website), 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 our services.
• Usage Data includes information about how you use our website, products and services.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

For those seeking finance from Foresight and existing and past investments

When applying to Foresight for potential funding, companies and their various advisers provide a wide range of information to Foresight about their business, products, markets, plans and prospects which includes personal data relating to their past, existing and prospective directors, officers, shareholders, employees, agents and contractors as well as principal customers and suppliers etc. When assessing such opportunities, Foresight treats all such information in confidence, whether obtained under the terms of non-disclosure agreements or not.

In assessing such potential investment opportunities in more detail, Foresight may seek references from third parties and also may require third parties to carry out detailed due diligence (e.g. on the senior management team, the company’s financial affairs and prospects, customers and suppliers) which will generate further personal data. Similarly, once invested in a company, further additional personal data will arise over time. Even after an investment has been realised, Foresight will hold and be obliged to hold data about the investment including such personal data under FCA rules and the Companies Act 2006, and other applicable non-UK legislation and regulations.

In the course of assessing and making investments, we may collect, process, use, store and transfer different kinds of personal data about you as grouped above, which may include data expressing opinions about you.

For those seeking employment with Foresight

When recruiting, Foresight often uses the services of recruitment consultants who nominate potential candidates for each particular vacancy by forwarding CVs and their views on the merits of each candidate to us. Similarly, Foresight often receives unsolicited CVs, emails and letters from individuals enquiring about possible vacancies. Please click here to view current vacancies.  Data on candidates not selected may be retained for a short period (normally up to twelve months, unless the candidate specifically allows it to be kept for longer) before being destroyed to see if other suitable vacancies arise in the meantime.

Aggregated Data

We may 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 enable us to decide how to improve the usefulness and efficiency of our websites. 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.

Special Categories of Personal Data

Occasionally, in order to carry out our business, it may be necessary for us to process special category data about you (for example because you have asked about inheritance tax solutions where your health is relevant, or because we need health information from principal parties when we are considering investing in their companies). Special category data includes details about 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.  We also collect information about criminal convictions and offences of principal parties when we are considering investing in their companies, as well as conducting background and criminal checks on prospective candidates for employment and on existing employees for regulatory purposes.

We will only ever process such data in a manner that is allowed by data protection laws.  This means that in some circumstances we may need your explicit consent to process this data, which we will request when required.  You may withdraw such consent at any time.

If you fail to provide personal data

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. 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.

3. How is your personal data collected?

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

• Direct interactions. You or your advisers or your attorney or other representative may give us your personal data by filling in forms, giving us information in hard copy or electronically or by corresponding with us by post, telephone, email or otherwise. This includes personal data you provide when you:
  • apply for our products or services;
  • view our websites or LinkedIn or Facebook pages;
  • seek information on our products and services;
  • request marketing or our publications to be sent to you;
  • attend our offices or events or promotions or complete a survey or enter competitions;
  • give us some feedback;
  • seek funding from Foresight for an investment opportunity; or
  • seek employment with us.
• Automated technologies or interactions. 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. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy section below for further details.

Foresight does not utilise automated data scoring technologies when assessing investment opportunities.

• Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
  • Technical Data from the following parties;
    1. analytics providers such as Google based outside the United Kingdom, Guernsey, Jersey and the European Economic Area (EEA);
    2. credit reference, criminal record background and anti-money laundering agencies such as Experia, Worldcheck and Veriphy;
    3. search information providers based inside the UK, Guernsey, Jersey and the EEA, and where necessary and/ or relevant, outside those areas;

• Contact, Financial and Transaction Data from providers of technical, payment, delivery and other services based inside the UK, Guernsey, Jersey and the EEA, and where necessary and/ or relevant, outside those areas;
• Identity and Contact Data from publicly available sources such as providers of directories of independent financial advisers, Companies House, websites and the Electoral Register based inside the UK, Guernsey, Jersey and the EEA, and where necessary and/or relevant, outside those areas;
• Independent Financial Advisers and your other advisers, such as accountants and solicitors;
• When you are seeking finance from Foresight, we may receive personal data about you from third parties, such as corporate finance advisers, referees, due diligence providers and industry consultants and participants;
• Recruitment consultants seeking to fill vacancies notified to them by Foresight, which put you forward as a possible candidate for the particular role;
• Registrars and Receiving Agents, such as Computershare and Woodside.

4. How we use your personal data

We will only use your personal data when allowed by law. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform a contract we are about to enter into or have entered into with our clients.
• Where it is necessary for our legitimate interests (or those of a third party, such as our clients and investors) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal or regulatory obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message if you are a private individual, sole trader or partnership. You have the right to withdraw consent to marketing at any time. Please see the “Opting out” section below.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data.

Type of processing undertaken