Privacy Policy

Introduction

We are committed to protecting the privacy and security of personal information. This Privacy Policy describes how We collect and use personal information about you in accordance with the data protection legislation.

This Privacy Policy covers personal information provided to RAW Capital Partners Limited, RAW Capital Secured Mortgage Funding Limited and RAW Alpha PCC Limited (the legal entity whose Cells comprise funds managed by RAW Capital Partners Limited), (“RAW” or “We” or “Our” or “Us”).

Personal data is any information that can be used to identify you as a person. This Privacy Policy relates to Our use of any personal information you provide on yourself or your clients (“You” or “Your”).

In order to provide You with the best experience, make business decisions and meet regulatory obligations We are required to collect information about You. We are committed to safeguarding Your personal information. Whenever You provide such information we are legally obliged to use Your information in line with all laws concerning the protection of personal information including the Data Protection (Bailiwick of Guernsey) Law, 2017.

RAW is a "data controller". This means that we are responsible for deciding how we hold and use personal information about You. To comply with data protection legislation and best practice We are required to notify you of the information contained in this privacy notice.

This Privacy Policy sets out Your rights under applicable data protection laws as well as Our commitment to You regarding how We treat Your data.  We may update this notice at any time.

It is important that You read this notice so that You are aware of how and why We are using such information.

What information will RAW collect about me?

When You engage with or receive a service from RAW, such as enquiring about services, making investments, or arranging a mortgage We will ask for personal information about You or Your clients.

We may also collect additional information from third parties including, credit reference agencies or other background check agencies or databases.

We will collect additional personal information in the course of Our relationship with you.

How will RAW use the information they collect about me?

We use Your personal information in a number of ways but only when the law allows us to. Most commonly, We will use Your personal information in the following circumstances, to:

• contact you about an enquiry you have made via email, website, telephone or other means of communication;
• make decisions about what products and services We may offer to You;
• personalise the way We present information to You;
• perform the contract We have entered into with You;
• satisfy Our necessary legitimate interests (or those of a third party) and Your interests and fundamental rights do not override those interests;
• analyse and improve the services offered by RAW; and
• meet contractual, legal and regulatory obligations.

When will RAW contact me?

We may contact you:

• In relation to any service you have enquired about, where you have opted to receive further correspondence and in relation to a service we have agreed to provide.

• You may opt‑out of receiving marketing material and other information from us at any time.

How will RAW collect and use sensitive personal information?

We do not envisage holding sensitive information with the exception that We will hold information about criminal convictions.

Where appropriate, We will collect information about criminal convictions as part of Our client take-on process. We may also be notified of such information directly by you in the course of Our relationship or through Our use of external database searches. We may process such information about you in the course of legitimate business activities with the appropriate safeguards or in line with Our legal and regulatory obligations.

If you fail to provide personal information

If you fail to provide certain information when requested, We may not be able to perform the contract We have entered into with you (such as processing a transaction on Your behalf or meeting obligations We have to investors), or We may be prevented from complying with Our legal obligations (such as to ensure you are property identified for the progress of anti-money laundering legislation). This may result in a breach of contract; if you are a borrower this may in turn result in Us taking further action as outlined in your agreement.

You may withdraw your consent for Us to process data at any time so long as this request is made in writing. However, where We have a legal, regulatory or contractual obligation to retain data may not be able to comply with this request. In all other cases We will delete any data on You which We are not legally or contractually obligated to retain, however this will necessarily limit Our ability to provide services to you in the future unless you explicitly provide Your consent again at that time

How will RAW use and manage my personal information?

The situations in which We will process Your personal information are listed in the Schedule at the end of this document, together with the purpose or purposes for which We are processing or will process Your personal information.

When We interact with You a certain amount of personal information is required. This includes:

• Customer Due Diligence information, which We are required to obtain by law as a business licensed by the Guernsey Financial Services Commission, in order to provide Our services to you. Your information is protected under the Data Protection (Bailiwick of Guernsey) Law, 2017 (“the Law”) and We have taken steps to ensure compliance with the provisions of the Law.
• Additional personal information that We require in order to make judgements about whether to enter in to an agreement with You.
• Howsoever collected, information shall be collected and held by RAW Capital Partners Limited or RAW Alpha PCC Limited (the “Companies”) unless otherwise noted below and, as such, We are the controller for the purposes of the Law. The Company may not hold Your data exclusively in Guernsey because, for example, it uses cloud-based data storage from reputable providers such as Microsoft or Docusign, in addition to local data storage.

Are other parties involved and how will they handle my data?

Investors - The Funds managed by RAW are a separate company legal entity, RAW Alpha PCC Limited, as required by law and Guernsey regulation. RAW Alpha PCC Limited is a controller for the purposes of the Law and utilises an independent administrator, independent custodian and auditor along with RAW Capital Partners Limited as Investment Manager. Each of these independent parties will be a processor of data and is required to comply with the same regulations. In addition, the independent administrator will be a controller for the purposes of the Law with regard to certain information such as client due diligence.

Borrowers – RAW Capital Partners Limited is a controller for the purposes of the law. It will share information with RAW Alpha PCC Limited (and its subsidiaries); the independent administrator, independent custodian and auditor for RAW Alpha PCC Limited; and where required contractually or legally with other parties as outlined elsewhere in this document.

Personal data collected from you directly, through your representative (such as a broker or solicitor) or by the other means described shall only be utilised for the purpose of entering into and maintaining a contract with you and providing services. Where a broker provides information to Us about their client, We assume that they are compliant with appropriate data protection requirements in relation to their clients and have made clients aware that their data will be shared with potential lenders.

Data shall be held at all times in accordance with and for as long as Our statutory and regulatory requirements require it. This includes a retention period following the cessation of Our provision of services to you, which shall, at all times, be determined by Our legal and regulatory obligations. As soon as such obligations cease to apply, We shall permanently erase all personal information held on you from Our records.

From time to time, We may undertake checks utilising accredited screening software, which searches publicly available databases; provide Your information to outsourced service providers or be required to provide Your information to law enforcement; the regulator(s) and/or associated parties because of Our legal obligations. This may require information to be submitted to the United Kingdom, EU or other jurisdictions. We shall not provide Your information to any other third parties (e.g. for marketing purposes) without Your express consent and acknowledge that such consent may be withdrawn by you at any time.

If at any time you believe We hold information in error or that the information We hold on you is inaccurate or incomplete, you may submit a request to Us to consider rectifying and/or erasing it.

Change of purpose

We will only use Your personal information for the purposes for which We collected it, unless We reasonably consider that We need to use it for another reason and that reason is compatible with the original purpose. If We need to use Your personal information for an unrelated purpose, We will notify you and We will explain the legal basis which allows Us to do so.

Please note that We may process Your personal information without Your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

If at any time you are concerned with the information held, the way in which We hold it or are unhappy with any response from Us in relation to information held or with any other element relating to Your personal information, you may lodge a complaint. We would ask that you contact Us in the first instance and We will seek to resolve any concerns as soon as possible. You also have a right to lodge a complaint directly with the Guernsey Data Protection Commissioner at:

Office of the Data Protection Authority, St Martin’s House, Le Bordage, St. Peter Port, Guernsey, GY1 1BR

Details of the complaints and appeals processes are available on their website at https://odpa.gg.

Data security

We have put in place measures to protect the security of Your information.

Third parties will only process Your personal information on Our instructions and where they have agreed to treat the information confidentially and to keep it secure.

We have put in place appropriate security measures to prevent Your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, We limit access to Your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process Your personal information on Our instructions, and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where We are legally required to do so.

Data retention

We will only retain Your personal information for as long as necessary to fulfil the purposes We collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

Retention periods for Your personal information are decided by considering the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of Your personal data, the purposes for which We process Your personal data and whether We can achieve those purposes through other means, and the applicable legal requirements. This will vary depending upon the relationship We have with you but in general terms We will retain Your information for 7 years after the end of Our relationship unless We are required to keep it longer for legal reasons.

In some circumstances We may anonymise Your personal information so that it can no longer be associated with you, in which case We may use such information without further notice to you.

Marketing

We may use Your personal information to let you know about those of Our products and services We consider will be of legitimate interest to you. Before doing so We may use your personal information to better understand what services or products you are likely to need or have use for.

We consider that this represents the opportunity for Us to improve Our service to you, however if you ask Us to stop using Your personal information to market to You, We will do so and You can change this choice at any time.

Cookies, Web Statistics and third-party monitoring

We have a detailed Cookie Policy published on Our website.

Can I find out what personal information RAW holds about me?

Under the Data Protection Law, you have the right to request a copy of the Personal Information We hold about you and to have any inaccuracies corrected. (Information requests are free, though We reserve the right to charge a small fee where more than one copy is requested or where the request is unfounded, repetitive and/or excessive, and We will require you to prove Your identity with 2 pieces of approved photographic identification.) We will use reasonable efforts to supply, correct or delete personal information about you on Our files within 30 days of the request.

This Privacy Policy may be updated from time to time so you may wish to check it each time you submit personal information to RAW Capital Partners Limited or RAW Alpha PCC Limited.

The primary point of contact for all data protection purposes is [email protected].

Changes to this privacy notice

We reserve the right to update this privacy notice at any time, and We will update this on Our website. We may also notify you in other ways from time to time about the processing of Your personal information.

How RAW uses your data

How RAW uses client data	Our basis for doing so	RAW's legitimate interests (where appropriate)
To operate and maintain Our relationship with clients	Your consent   Contract fulfilment   RAW's legitimate interest   RAW's legal obligations	Developing and growing Our business   Obtaining Your consent where needed for contact   Maintaining proper practice and efficiencies in meeting Our legal and commercial obligations
Marketing Our products and capabilities to clients	Your consent   RAW's legitimate interest	Developing and growing Our business   Obtaining Your consent where needed for contact
Developing new service lines and products to better service clients	Contract fulfilment   RAW's legitimate interest	Developing and growing Our business   Maintaining proper practice and efficiencies in meeting Our legal and commercial obligations
To learn how Our clients work with Us and how we can improve this	RAW's legitimate interest	Developing and growing Our business   Obtaining Your consent where needed for contact   Maintaining proper practice and efficiencies in meeting Our legal and commercial obligations
To advise Our clients about Our services	Your consent   RAW's legitimate interest	Developing and growing Our business   Obtaining Your consent where needed for contact
Working with service providers who help RAW operate its business	Contract fulfilment   RAW's legitimate interest   RAW's legal obligations	Developing and growing Our business   Maintaining proper practice and efficiencies in meeting our legal and commercial obligations
Designing and testing new products and services for Our clients	RAW's legitimate interest   RAW's legal obligations	Developing and growing Our business   Identifying the client base for Our service lines   Maintaining proper practice and efficiencies in meeting Our legal and commercial obligations
Delivering RAW's services to Our clients	Contract fulfilment   RAW's legitimate interest   RAW's legal obligations	Maintaining proper practice and efficiencies in meeting Our legal and commercial obligations
Receiving and delivering payments, disbursements and fees for clients	Contract fulfilment   RAW's legitimate interest   RAW's legal obligations	Maintaining proper practice and efficiencies in meeting Our legal and commercial obligations
Risk management	RAW's legitimate interest   RAW's legal obligations	Maintaining proper practice and efficiencies in meeting Our legal and commercial obligations
Responding to complaints	RAW's legitimate interest   RAW's legal obligations	Maintaining proper practice and efficiencies in meeting Our legal and commercial obligations
Obeying applicable laws and regulations including the prevention of financial crime	RAW's legitimate interest   RAW's legal obligations	Maintaining proper practice and efficiencies in meeting Our legal obligations
To properly, efficiently and lawfully operate the business of RAW with proper regard to investment management and monitoring, internal communications and corporate governance, audit and oversight	RAW's legitimate interest   RAW's legal obligations	Maintaining proper practice and efficiencies in meeting Our legal and commercial obligations
To exercise RAW's contractual rights including the collection of monies owed to RAW	Fulfilling contracts   RAW's legitimate interest	Maintaining proper practice and efficiencies in meeting Our legal and commercial obligations