Policies

Privacy Policy

  1. Introduction

This website is operated by Nightcap Plc (Nightcap or we).  Our details are set out in Section 2 below. 

[Nightcap is committed to ‎protecting the privacy of individuals who visit our site or with whom we interact in any other way (except our employees who are ‎covered by a separate policy).]‎

This Policy provides you with the information required by the UK GDPR and the EU GDPR ‎‎(together, GDPR), as defined in and amended by the Data Protection, Privacy and Electronic ‎Communications (Amendments etc) (EU Exit) Regulations 2019.

In this policy we refer variously to personal information, data and personal data. We use ‎these terms interchangeably to mean information capable of identifying you or other individuals. We also refer to processing.  This means any ‎operation performed on data, including collecting, organising, storing, updating, using, disclosing and ‎erasing it.‎

We may change this Policy from time to time so please check this page periodically to ensure ‎that you are aware of any changes.‎

  1. Our Identity and Contact Details

Nightcap is a limited company registered in England and Wales with registration ‎ number 12899067, whose registered office address is 201 Bishopsgate, London, EC2M 3AB. 

This policy also applies to all of Nightcap’s affiliates from time to time, which are subject to GDPR or ‎equivalent laws, except where they have their own privacy policy.  A current list of affiliates can be found @here. ‎

If you have any questions regarding this Policy or our data protection practices please contact us at ‎[[email protected]]. ‎

  1. The Purposes for which we Process your Personal Data 

We process your personal information for the following purposes:

  • communicating with you;
  • creating and maintaining relationships with you, as an investor or otherwise;
  • providing services;
  • understanding your or your employer’s interests;
  • security, including identity checks;
  • internal record keeping;
  • developing and improving our business;
  • sending you our newsletter or other information in any medium (where you have opted in, or, where applicable, unless you have opted out);
  • contacting you for market research purposes, by any medium ((where you have opted in, or, where applicable, unless you have opted out);
  • informing you of changes relating to our business;
  • making changes to our business, including its structure or organisation;
  • administering surveys;
  • complying with our legal or regulatory obligations or with good practice in our industry; and
  • account management, quality control, website and system administration and security, disaster recovery and fraud prevention.

We may also provide you with additional notices specifying certain uses we wish to make of your personal information when we collect personal information from you.

  1. The Legal Bases for Processing your Personal Data‎

The legal bases we rely on to process your personal data depend on the purpose for the processing (described above).  They fall into one or more of the following categories:

  • Contract: the processing is needed to perform a contract to which you are party or to take steps at your request before ‎entering into a contract; 
  • Legitimate Interest: the processing is targeted and proportionate for our legitimate interests or those of someone else which are not overridden by ‎your interests, fundamental rights or freedoms – our legitimate interests include the purposes set out above;‎
  • Obligation: the processing is needed to comply with our legal obligations; 
  • Consent: where none of the above apply, where we have obtained your specific, informed, unambiguous consent to the processing; and
  • Vital Interests; exceptionally, if needed to protect your vital interests.‎

In most cases, the basis for the purposes listed above is as follows:

PurposeBasis
ContractLegitimate
Interest		Legal
Obligation		Consent
communicating with you√√√ (where  required)
creating and maintaining relationships√
providing services√√
understanding needs√
security, including identity checks√
training√
internal record keeping√√
developing and improving business√
sending you newsletters and information√√ (where required)
market research√√ (where required)
customising our website√
informing you of changes relating to our business√√
making changes to our business, including its structure
or organisation		√
administering surveys, loyalty programmes, contests and events√√
complying with our legal or regulatory obligations or with good
practice in our industry		√√
account management, quality control, website and
system administration and security, disaster recovery
and fraud prevention		√√√
  1. The sorts of Personal Data we Collect

Generally, we collect and further process the following types of ‎personal data;‎

  • ‎Your contact details, such as name, address and email address
  • Your IP address, and information regarding what pages of our site are ‎accessed and when. 
  • Information about the device you use to access our website and how you use our website. 
  • ‎Information you provide to us by sending us a message through our website and information ‎provided to us when you communicate with us electronically for any reason. 
  • ‎Information you provide to us when completing forms on our website, such as registering for our newsletter‎ information or making a purchase.‎
  1. Recipients of your Personal Information

We may provide your personal data to our service providers, data ‎processors, mail houses and other organisations for the purposes of their providing services directly to us or to you on our behalf (for example to send you our newsletter).

  1. International Transfers

We may transfer your personal information to any of the persons named above, or within Nightcap, outside the UK and outside the EEA.  

Where we do so we will ensure that your information is transferred subject to adequate safeguards.  For that purpose, we will use approved contract clauses for countries outside the EEA which do not have an adequacy decision.  Personal data that we transfer outside the EEA to such countries will be transferred either under such clauses or under other GDPR compliant safeguards.

You can obtain a copy of the relevant safeguards by contacting ‎[[email protected]].‎

  1. Storage of your information

We store your personal information only for as long as is necessary for the purpose of processing, based on our business needs, legal and regulatory requirements.  This will depend on the purpose. 

 In relation to the purposes described above, the periods are as follows: 

  • We retain personal information relevant to any legal relationship we may enter into with you for six years from expiry of the relationship, being the time limit for claims (unless a claim is made and the information is required for the claim).  
  • Where we process your personal information and it does not relate to a legal relationship, we will retain it for three years since our last communication from you.
  • We may on exception retain your information for longer periods, particularly where we need to withhold destruction or disposal based on court order or an investigation by law enforcement agencies or regulators.  This is intended to make sure we can produce records of evidence if needed.

The retention periods described above are subject to any legal or regulatory requirement to retain the information for a different period.

  1. Your rights

You have the following rights that you can exercise under certain circumstances regarding your personal information that we process: 

  • where we process personal information based on your consent, you can withdraw consent and we will cease that processing unless we have another legal basis for it;
  • you can:
  • opt out of receiving our marketing communications at any time;
  • request a copy of your personal information;
  • request rectification or erasure;
  • request restriction of processing;
  • object to our processing; and
  • lodge a complaint with the ICO, the Information Commissioner’s Office.
  1. Review of this Policy:‎

We keep this Policy under review. This version was last updated in December 2020.‎

Website – Terms of Use

  1. INTRODUCTION 
    1. Nightcapplc.com is a site operated by Nightcap Plc‎ (Nightcap, We or Our). We are registered in England and Wales under company number ‎12899067‎ and have our registered office at 201 Bishopsgate, London, EC2M 3AB.‎  Our main trading address is [TRADING ADDRESS]. Our VAT number is [VAT NUMBER].
    2. We are a limited company.
    3. To contact us, please email [EMAIL ADDRESS].
  2. ACCEPTANCE OF THESE TERMS
    1. By using our site, you confirm that you accept these terms of use and that you agree to comply with them.
    2. If you do not agree to these terms, you must not use our site.
    3. We recommend that you print a copy of these terms for future reference.
    4. Our site primarily provides information about our business and enables you to communicate with us, for example to receive our newsletter and thus obtain further information about us and our activities.
    5. Given the nature of Nightcap, we operate on a business to business basis and this site is aimed at organisations and individuals, such as investors and financial journalists, acting in the course of their business or other professional activities.   This site is not intended for consumers.
  3. THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
    1. These terms of use refer to the following additional policies, which also apply to your use of our site:
    2. Our Cookie Policy [INSERT LINK TO COOKIE POLICY], which sets out information about the cookies on our site.
  4. CHANGES TO THESE TERMS
    1. We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on December 2020.
  5. CHANGES TO OUR SITE
    1. We may update and change our site from time to time to reflect changes to our business   or business practices or our users’ needs of other good reason.  
  6. SUSPENSION AND WITHDRAWAL 
    1. Our site is available free of charge.
    2. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. 
    3. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
  7. TRANSFER 
    1. We may assign our rights and transfer our obligations under these terms to another organisation. We will tell you in writing if this happens.
  8. ACCOUNT DETAILS 
    1. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
    2. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
    3. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [EMAIL].
  9. INTELLECTUAL PROPERTY RIGHTS 
    1. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
    2. You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
    3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
    4. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
    5. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
    6. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
    7. The following trade marks [“NIGHTCAP”] and [“OTHERS? “] are [UK registered] trade marks which belong to us. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under 9.2 above and subject to an acknowledgement of our ownership.
  10. PROHIBITED USES OF OUR SITE
    1. You may use our site only for lawful purposes. You may not use our site:
      1. in any way that breaches any applicable local, national or international law or regulation;
      2. in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
      3. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
      4. to transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
    2. You agree:
      1. not to reproduce, duplicate, copy or re-sell any part of our site;
      2. not to access without authority, interfere with, damage or disrupt:
        1. any part of our site;
        2. any equipment or network on which our site is stored;
        3. any software used in the provision of our site; or
        4. any equipment or network or software owned or used by any third party.
      3. When we consider that a breach of these terms has occurred, we may take such action as we deem appropriate.
      4. Failure to comply with this section 10 constitutes a material breach of these terms upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
        1. immediate, temporary or permanent withdrawal of your right to use our site.
        2. legal proceedings for reimbursement of all liabilities, losses and costs on an indemnity basis.
        3. disclosure to law enforcement authorities.
      5. We exclude our liability for all action we may take in response to breaches of this section 10.
      6. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
  11. INFORMATION ON THIS SITE
    1. The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
    2. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
  12. WEBSITES WE LINK TO
    1. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
    2. We have no control over the contents of those sites or resources.
  13. LABILITY 
    1. We do not exclude or limit in any way our liability to you for death or personal injury you may suffer caused by our negligence or for fraud.
    2. We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
    3. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
      1. use of, or inability to use, our site; or
      2. use of or reliance on any content displayed on our site.
      1. In particular, we will not be liable for:
        1. loss of profits, sales, business, or revenue;
        2. business interruption;
        3. loss of anticipated savings;
        4. loss of business opportunity, goodwill or reputation; or
        5. any indirect or consequential loss or damage.
  14. HOW WE MAY USE YOUR PERSONAL INFORMATION
    1. We will only use your personal information as set out in our [LINK TO PRIVACY POLICY].
  15. VIRUSES 
    1. We do not guarantee that our site will be secure or free from bugs or viruses.
    2. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
    3. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
  16. RULES ABOUT LINKING TO OUR SITE
    1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
    2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
    3. You must not establish a link to our site in any website that is not owned by you.
    4. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
    5. We reserve the right to withdraw linking permission without notice.
    6. The website in which you are linking must comply in all respects with the content standards set out in these terms.
    7. If you wish to link to or make any use of content on our site other than that set out above, please contact [EMAIL ADDRESS].
  17. CONFIDENTIALITY
    1. We do not accept obligations of confidentiality or non-use of materials you send us unless we have a signed written NDA with you prior to receipt.
    2. We will only review proposals which fit our acquisition criteria and may reject them without giving a reason or returning material.
  18. LAW AND JURISDICTION 
    1. These terms of use, their subject matter and their formation, are governed by English law. 
    2. You and we both submit to the exclusive jurisdiction of the courts of England and Wales in relation to these terms of use.