Page 86 - IM - Praetura Ventures 2019 EIS Fund

data to other parties insofar as is necessary in order for with clause 14.6 above. such termination or revocation of authority, whether or not
it to provide services as set in this Agreement and to the authority of such person shall have been terminated.
the FCA and any regulatory authority which regulates it 20. Complaints and Compensation 21.4. All communications to the Investor shall be sent (whether
The Fund Manager has established procedures in
20.1.
and in accordance with all other Applicable Laws. The accordance with the FCA Rules for consideration of postal or electronic) to the latest address notified by the
Fund Manager Privacy Policy can be found at www. complaints. Details of these procedures are available on Investor to the Fund Manager or the Custodian and shall
praeturaventures.com and the custodian privacy policy at request. Should an Investor have a complaint, he should be deemed received by the Investor on the second day
https://www.share.com/legal-regulatory/privacy-policy contact the Fund Manager. If the Fund Manager cannot after posting or on the day after dispatch in the case of
19.2. You authorise the holding and processing of the resolve the complaint to the satisfaction of the Investor, electronic communication. All communications by the
information you have provided in the Application Form the Investor may be entitled to refer it to the Financial Investor shall be made in writing or (save as otherwise
and authorise the Fund Manager and custodian as data Ombudsman Service. The Financial Ombudsman can be provided) shall be made by telephone to the Fund
controllers for the purposes of the General Data Protection contacted at: complaint.info@financial-ombudsman.org.uk Manager or the Custodian, in which case conversations
Regulation 2016 (‘GDPR’). Tel: 020 7964 1000. may be recorded for the avoidance of any subsequent
19.3. Your information will be held and processed for the 20.2. Where the Investor is categorised by the Fund Manager doubt. Communications sent by the Investor will be
administration of this application, the administration of as a retail client, if for any reason the Investor is dissatisfied deemed received only if actually received by the Fund
your Investment, for statistical analysis and for marketing with the Fund Manager’s final response, the Investor is Manager or the Custodian. Neither the Fund Manager
purposes. You also authorise the transfer of information entitled to refer its complaint to the Financial Ombudsman nor the Custodian will be liable for any delay or failure of
you provide in this Application Form (or subsequently). Service. A leaflet detailing the procedure involved will be delivery (for whatever reason) of any communication sent
19.4. Your information and data will only be used for purposes provided in the Fund Manager’s final response. A self- to the Investor.
ancillary to the administration of your application and directed investor (i.e. self-certified sophisticated investor,
Investment including, but not limited to, dealing with HNW investor and a professional investor) will not have
queries, fulfilment of regulatory obligations, statistical the same protections as a retail investor. 22. Governing Law, Interpretation and rights of third parties
analysis and marketing. The Fund Manager participates in the Financial Services 22.1. This Agreement and all matters relating to it shall be
19.5. The Fund Manager and custodian may undertake 20.3. Compensation Scheme (FSCS), established under the governed by and construed in accordance with English
electronic checks on investors through credit and mutual Financial Services and Markets Act 2000, which may Law and the parties submit to the non-exclusive
agencies to fulfil their responsibilities under the Money provide compensation to eligible Investors in the event jurisdiction of the English Courts.
Laundering Regulations 2017. The agencies may keep a of The Fund Manager being unable to meet its liabilities. A person who is not a party to this Agreement has no right
record of this search. Payments are currently limited to a maximum of the first under the Contracts (Rights of Third Parties) Act 1999 to
19.6. You may have also authorised the disclosure of your £50,000 of the claim. Further information is available enforce any term of this Agreement, but this does not
information to your Financial Intermediary (if applicable) affect any right or remedy of such third party which exists
acting on your behalf. You are entitled to request details or is available apart from that Act.
of any of your personal data held upon request and to 21. Notices, instructions and communications If any term, condition or provision of this Agreement shall
require correction of any inaccuracies in your personal 21.1. All documentation and any other information or beheld to be invalid, unlawful or unenforceable to any
data. communication the Investors receive from the Fund extent, such term, condition or provision shall not affect
19.7. You have the right to object to your information being Manager will be in English. the validity, legality or enforceability of the remainder of
used for statistical analysis and direct marketing. If you 21.2. All notices or instructions to the Fund Manager or the this Agreement.
wish to opt out of receiving marketing material or object Custodian should be in English, submitted in writing
to your information being used for statistical analysis. and signed by the relevant Investor, unless otherwise
19.8. The contact details for the Fund Manager and the specifically indicated herein.
custodian are set out in the Information Memorandum. 21.3. The Fund Manager or the Custodian may rely and act on
The Data Protection Officer for the Fund Manager and any instruction or communication which purports to have
custodian can be contacted at the address shown within been provided by persons authorised to give instructions
the definition page of this IM. Contact details for any by the Investor under the Application Form or as are
successor Fund Manager shall be provided to the Investor subsequently notified by the Investor from time to time
at the time of notification of assignment in accordance and, unless that relevant party receives written notice of