Date last updated: 3 October 2023
In this Policy, “Lothbury”, “we”, “us” and “our”, refer to Lothbury Investment Management Limited, registered in the United Kingdom with registered office at 1 Angel Lane, London, EC4R 3AB. Our company registration number is 04185370.
Lothbury is committed to safeguarding all information from which an individual (“you”) can be identified, such as names, contact details and ID data (“Personal Information”). We obtain Personal Information in relation to a variety of individuals (including representatives of investors in Lothbury group funds, individual tenants, representatives of corporate tenants and suppliers and all visitors to our website www.lothburyim.com (the “Website”)). Please read this Policy which explains how we use and protect your information.
We will only use Personal Information in accordance with this Policy. We will seek to ensure that your Personal Information is handled in compliance with the applicable data protection laws (which includes the General Data Protection Regulation (EU) 2016/679), the Data Protection Act 2018 and the United Kingdom General Data Protection Regulation.
By visiting and/or contacting us through the Website (or otherwise engaging with us), you acknowledge that we may collect, use and transfer your Personal Information as set out in this Policy. Lothbury reserves the right to change this Policy from time to time and you should therefore check this page frequently to ensure that any changes are acceptable to you.
If you have questions regarding our use of your Personal Information, please contact our Data Protection Manager, Derek Livingstone by email: GDPR@lothburyim.com or by phone: +44 (0)20 3551 4900.
This Policy covers:
- Personal Information that we collect from you
- Personal Information that we receive from other sourcesSensitive Personal Information
- What we do with your Personal Information
- How we share your Personal Information
- Our security measures and information about when we delete data
- Transferring Personal Information outside of the EEA
- Accessing and updating your Personal Information
- Changes to this Privacy and Cookies Policy
1. Personal Information that we collect from you
Representatives of Investors and other business contacts
When you engage with us (e.g. sending us emails, handing over business cards, contacting us via telephone, as a representative of an organisation with which we have various dealings (such as corporate tenants, suppliers, contractors, property managers and agents) or else by visiting or making an enquiry through the Website) you may provide Personal Information about yourself including your name and contact details (e.g. your work and/or home address, email address and telephone number). Where you apply for a role with us, you may provide us with further information such as your job title and CV. Where you make use of our Website, we may also collect information about your use of the Website (e.g. your IP address and choice of web browser). Some of this Personal Information is collected and processed so we can perform our obligations to investors in Lothbury group funds, some for property management activities, some for the purpose of legal compliance and some for the purposes of other legitimate business interests (namely to carry out and improve our business, analyse the use of our Website and services, and support our staff and clients).
Where you apply for a job with us, we may collect from you and third parties (where relevant) additional Personal Information such as your CV and any references. Unless you agree that we can keep such information on file for future opportunities or we need to retain such information for compliance with our legal obligations, in the event that you are unsuccessful we will only retain this Personal Information for as long as is reasonably necessary to process your application.
If you are a tenant of one of the properties held by the funds that we manage, we may collect Personal Information from you or third parties (where relevant) for the following reasons:
- To fulfil our contract and form a tenancy agreement with any of our funds under management;
- To ensure we comply with our legal obligations with respect to laws and regulations that govern renting property;
- Our legitimate interest to ensure that the tenancy can continue unhindered;
- Our legitimate interest to ensure we can secure new tenants for the property; and
- Our legitimate interest to ensure we can secure income from the property.
- We may need to share certain information with third parties, such as letting agents, in order to market the property to secure new tenants. In such circumstances only the minimum amount of information will be shared as set out in more detail in section 5 below.
Other people’s information
Please note that where you provide Personal Information on behalf of another individual, you are responsible for notifying that individual that you have provided their Personal Information to us and directing them to this Policy.
2. Personal Information that we receive from other sources
We may occasionally receive information from other organisations who collect Personal Information from you and pass it on to us. Where this is the case the third party is responsible for informing you that they have shared your Personal Information with us, directing you to this Policy as to how we will process your Personal Information and obtaining any relevant consents from you to ensure you are happy with the ways in which your Personal Information will be used. However, once we are holding the information, we will only handle it in accordance with this Policy.
3. Sensitive Personal Information
Where we receive sensitive Personal Information relating to you (such as health details or records of criminal activity), we will only keep and use such information to the extent that you have given your explicit consent or else where we are otherwise permitted to keep and use it in accordance with data protection laws.
4. What we do with your Personal Information
We will only use your Personal Information in order to (a) fulfil our role as investment manager for Lothbury group funds (which could include corresponding with you and others (who may include representatives of tenants, suppliers, builders and providers of investor services)), (b) conduct property management activities, (c) conduct property development and refurbishment activities, (d) improve our Website and services, (e) comply with our own legal and regulatory obligations, including performing our regulatory duties relating to anti-money laundering and anti-facilitation of tax evasion, and our FCA obligations, (f) fulfil our internal (and confidential) business processes and (g) where relevant, process your application for employment.
We may also use your Personal Information to let you know about the Lothbury funds in which you have invested (including important changes or developments to the funds)
Where you or your employer (or any other entity you work for) provide services to us, you and/or they may provide us with some of your Personal Information in connection with the provision of the services, such as your name, business contact details and other ID information. We will only process such Personal Information in connection with the receipt of the services (such as using your contact details to discuss the services) and in accordance with this Policy. In addition, where necessary, we may also share your Personal Information with our employees or other third parties as part of our investment management activities (e.g. if you or your business provide investor administration services, we may share your business contact details with our staff so that they can contact you).
If you have any concerns about us using your Personal Information in the ways described in this Policy, please let us know by contacting us (see details above).
5. How we share your Personal Information
Where it is necessary for the performance of our services to the investors in our funds or for our internal business processes we may need to share your Personal Information to certain third parties. For example, for representatives of investors in Lothbury group funds, we may share your Personal Information with auditors, administrators and trustees of the funds. For these and other people, we may share your Personal Information with certain relevant third parties, such as other group companies, our advisors, property agents and estate managers. By submitting your Personal Information to us, you acknowledge that such third parties may receive and process your Personal Information. Lothbury asks all third parties to treat your Personal Information securely and in accordance with this Policy, and will take reasonable steps to enforce this. We will never sell your data.
In addition, it may be necessary to disclose your Personal Information if we are under a duty to do so in order to comply with any legal or regulatory obligation, such as anti-money laundering or anti-terrorist financing obligations, as and when required to by financial regulators such as the FCA, carry out an internal investigation, enforce our rights under any agreement, or protect the rights, property, or safety of Lothbury, our group companies and our clients, directors, employees or other personnel. This includes exchanging information with other companies and organisations for the purposes of fraud protection and prevention.
In exceptional circumstances, if we, or any of our funds under management, are sold or merged with another company we may disclose your information to a potential buyer (on a strictly confidential basis), including your Personal Information and other information concerning your relationship with us, so that they can continue to provide the services you have requested.
6. Our security measures and information about when we delete data
We will only keep your Personal Information for as long as is reasonably necessary and, in any event, only for as long as we have a legal basis, right or obligation to keep it.
Unfortunately, the transmission of information via the internet is not completely secure and, although we will take steps to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted via the Website and the internet; any transmission is therefore at your own risk.
Some of our premises (and the properties we manage on behalf of Lothbury group funds) use CCTV in their communal areas for the purpose of crime prevention. However, this is under the control of a third party and therefore you should consult any notices they display and their privacy statements for more information.
7. Transferring Personal Information outside of the EEA
The Personal Information you provide to us will be transferred to and stored on servers in the UK or elsewhere in Europe (either by Lothbury or on our behalf by a carefully selected third party service provider). We take steps to protect your Personal Information from unauthorised access and against unlawful processing, accidental loss, destruction and damage.
In processing your Personal Information, it may sometimes be necessary for us to transfer your Personal Information outside the European Economic Area (“EEA“) to our staff and our third party service providers. It may also be accessed by staff operating outside the EEA who work for us or for one of our suppliers or group companies. This includes people engaged in, among other things, the provision of support services to us.
We will take all steps reasonably necessary to ensure that your Personal Information is treated securely and in accordance with this Policy and relevant data protection laws when it is processed in, or otherwise accessed from, a location outside the EEA. This means that we will only transfer your Personal Information to our non-European offices and to third parties based outside the EEA if that party (a) is situated in a country that has been confirmed by the European Commission to provide adequate protection to Personal Information, (b) has agreed (by way of written contract incorporating the “model clauses” as approved by the European Commission or by some other form of data transfer mechanism approved by the European Commission) to provide all protections to your Personal Information as required by the Data Protection Legislation or (c) is in the USA and is compliant with the EU privacy shield initiative.
We may also transfer your Personal Information outside the EEA where we have your explicit consent to do so (such as where you have requested a service from one of our service providers situated outside the EEA). Where any transfer takes place under a written contract, you have the right to request a copy of that contract and may do so by contacting us (see above for details) For the avoidance of doubt, in the event that the UK is no longer a part of the EEA, references in this paragraph to the EEA shall mean the EEA and the UK.
By submitting your Personal Information to us, you acknowledge this transfer, storing or processing of your Personal Information.
8. Accessing and updating your Personal Information
You have the right to ask us not to process your Personal Information for marketing or research purposes. If you have given us your express consent, or where we otherwise have the right to do so, we may use your Personal Information for marketing purposes. If we intend to disclose your Personal Information to any third party for such purposes we will seek your explicit consent prior to any such transfer. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your Personal Information. You can also exercise the right at any time by contacting us (see details above).
You are entitled to know some details about the Personal Information we hold about you and how that information is processed. If you would like to request this, please contact us (see details above) and we will provide you with the information to which you are entitled.
You can also ask us to: (a) make any changes to ensure that any Personal Information we hold about you is accurate and up to date; (b) erase or stop processing any Personal Information we hold about you where there is no longer a legal ground for us to hold it; or (c) in some circumstances, transfer any information we hold about you to a specified third party.
If you wish to exercise any of these rights, please contact us.
Should you have any queries or complaints in relation to how we use your Personal Information, please contact us (see details above). Should you wish to take any complaints or queries further, you have the right to contact the Information Commissioner’s Office regarding such issues (see www.ico.org.uk).
Our Website may, from time to time, contain links to and from third party websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these websites or their related policies. Please check these policies before you submit any Personal Information via these websites.
This section of the Policy is applicable if you access and use our Website.
A cookie in no way gives us access to your computer or any information about you, other than information about how you use the Website and the Personal Information you choose to share with us (including Personal Information you automatically share with us by way of your browser settings).
In particular, we use the following cookies:
- Strictly necessary cookies. These cookies are essential in order to enable you to move around the Website and use its features, such as accessing secure areas.
- Performance cookies. These cookies collect information about how visitors use our Website, for instance which pages visitors go to most often and if they get error messages from the web pages. These cookies do not collect information that identifies a visitor; all information these cookies collect is aggregated and therefore anonymous. It is only used to improve how our Website works.
- Functionality cookies. These cookies allow our Website to remember choices you make (such as your user name, language or the region you are in) and provide enhanced, more personal features. These cookies can also be used to remember changes you have made to text size, fonts and other parts of the Website that you can customise. The information these cookies collect is anonymised and they cannot track your browsing activities on other websites.
- Sharing cookies. These cookies allow you to interact with third party services such as LinkedIn. Information collected by these cookies is aggregated and therefore anonymous.
You will normally see a message on our Website before we store a cookie on your computer which describes the types of cookies we use and what information they might collect. We may also use banners and pop-ups from time to time to give you options around cookie use.
You can also manage cookie use via your browser settings (this will allow you to refuse the setting of all or some cookies) and your browser provider may ask you to confirm your settings. Note, however, that if you block all cookies (including essential cookies) via your browser settings you may not be able to access all or parts of our Website.
You can find more information about the specific cookies we use and the purposes for which we use them in the table attached to this Policy. You can also find more information about cookies generally here: www.allaboutcookies.org.
This policy was last updated in October 2023.
Lothbury may amend this Policy at any time without notice. By continuing to use the Website, making use of our services and/or continuing to interact with us you acknowledge that we shall process your Personal Information in accordance with the updated Policy. If you are not happy with any changes that we make, you should not use or access (or continue to use or access) the Website and/or our services.