This Privacy Policy outlines how Botany Bay Asset Management Limited (the “Company") handles information collected from users who access our website at https://botanyam.com (the "Site"), or otherwise share personal information with us (collectively: "Users"). 

Processing of your personal information (meaning, any information which may potentially allow your identification with reasonable means; hereinafter "Personal Information") as is necessary for providing you with our services, to protect our legitimate interests and for compliance with legal and financial regulatory obligations to which we are subject.

When you use the Site, you consent to the collection, storage, use, disclosure and other uses of your Personal Information as described in this Privacy Policy.

We encourage our Users to carefully read the Privacy Policy and use it to make informed decisions. 

We collect two types of data and information from Users.

The first type of information is un-identified and non-identifiable information pertaining to a User(s), which may be made available or gathered via your use of the Site (“Non-personal Information”) . We are not aware of the identity of a User from which the Non-personal Information was collected. Non-personal Information which is being collected may include your aggregated usage information and technical information transmitted by your device, including certain software and hardware information (e.g. the type of browser and operating system your device uses, language preference, access time, etc.) in order to enhance the functionality of our Site. We may also collect information on your activity on the Site (e.g. pages viewed, online browsing, clicks, actions, etc.).

The second type of information Personal Information which is individually identifiable information, namely information that identifies an individual or may with reasonable effort identify an individual. Such information includes:

• Device Information: We collect Personal Information from your device. Such information includes geolocation data, IP address, unique identifiers (e.g. MAC address and UUID) and other information which relates to your activity through the Site.
• Registration information: When you register to via the ‘Contact Us’ page of the Site you will be asked to provide us certain details such as: full name; e-mail or phone number, and other information. 
  

We do not rent, sell, or share Users’ information with third parties except as described in this Privacy Policy.

We may use the information for the following:

• To communicate with you and to keep you informed of our latest updates and services;
• To market our websites and products (see more under "Marketing"); 
• Conducting statistical and analytical purposes, intended to improve the Site.
  

In addition to the different uses listed above, we may transfer or disclose Personal Information to our subsidiaries, affiliated companies and subcontractors.

In addition to the purposes listed in this Privacy Policy, we may share Personal Information with our trusted third party providers, who may be located in different jurisdictions across the world, for any of the following purposes: 

• Hosting and operating our Site;
• Providing you with our services, including providing a personalised display of our Site;
  
• Providing you with marketing offers and promotional materials related to our Site and services; 
• Performing research, technical diagnostics or analytics;
  

We may also disclose information if we have good faith to believe that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce our policies (including our Agreement), including investigations of potential violations thereof; (iii) investigate, detect, prevent, or take action regarding illegal activities or other wrongdoing, suspected fraud or security issues; (iv) to establish or exercise our rights to defend against legal claims; (v) prevent harm to the rights, property or safety of us, our users, yourself or any third party; or (vi) for the purpose of collaborating with law enforcement agencies and/or in case we find it necessary in order to enforce intellectual property or other legal rights.

You may request to: 

1. Receive confirmation as to whether or not personal information concerning you is being processed, and access your stored personal information, together with supplementary information. 
2. Receive a copy of personal information you directly volunteer to us in a structured, commonly used and machine-readable format. 
3. Request rectification of your personal information that is in our control.
4. Request erasure of your personal information. 
5. Object to the processing of personal information by us. 
6. Request to restrict processing of your personal information by us.
7. Lodge a complaint with a supervisory authority.
   

However, please note that these rights are not absolute, and may be subject to our own legitimate interests and regulatory requirements. 

If you wish to exercise any of the aforementioned rights, or receive more information, please contact us using the details provided in the “How to contact us” section below.

We will retain your personal information for as long as necessary to provide our services, and as necessary to comply with our legal obligations, resolve disputes, and enforce our policies. Retention periods will be determined taking into account the type of information that is collected and the purpose for which it is collected, bearing in mind the requirements applicable to the situation and the need to destroy outdated, unused information at the earliest reasonable time. Under applicable regulations, we will keep records containing client personal data, account opening documents, communications and anything else as required by applicable laws and regulations. 



We may rectify, replenish or remove incomplete or inaccurate information, at any time and at our own discretion.

We and our trusted partners use cookies and other technologies in our related services, including when you visit our Site or access our services. 

A "cookie" is a small piece of information that a website assign to your device while you are viewing a website. Cookies are very helpful and can be used for various different purposes. These purposes include allowing you to navigate between pages efficiently, enable automatic activation of certain features, remembering your preferences and making the interaction between you and our Services quicker and easier. Cookies are also used to help ensure that the advertisements you see are relevant to you and your interests and to compile statistical data on your use of our Services. 

The Site uses the following types of cookies:

a. 'session cookies' which are stored only temporarily during a browsing session in order to allow normal use of the system and are deleted from your device when the browser is closed; 

b. 'persistent cookies ' which are read only by the Site, saved on your computer for a fixed period and are not deleted when the browser is closed. Such cookies are used where we need to know who you are for repeat visits, for example to allow us to store your preferences for the next sign-in; 

c. 'third party cookies' which are set by other online services who run content on the page you are viewing, for example by third party analytics companies who monitor and analyze our web access.

Cookies do not contain any information that personally identifies you, but Personal Information that we store about you may be linked, by us, to the information stored in and obtained from cookies. You may remove the cookies by following the instructions of your device preferences; however, if you choose to disable cookies, some features of our Site may not operate properly and your online experience may be limited.

We also use a tool called “Google Analytics” to collect information about your use of the Site. Google Analytics collects information such as how often users access the Site, what pages they visit when they do so, etc. We use the information we get from Google Analytics only to improve our Site and services. Google Analytics collects the IP address assigned to you on the date you visit sites, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Google’s ability to use and share information collected by Google Analytics about your visits to this Site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy.

Our policy only addresses the use and disclosure of information we collect from you. To the extent you disclose your information to other parties or sites throughout the internet, different rules may apply to their use or disclosure of the information you disclose to them. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party that you choose to disclose information to. 

This Privacy Policy does not apply to the practices of companies that we do not own or control, or to individuals whom we do not employ or manage, including any of the third parties which we may disclose information as set forth in this Privacy Policy. 

We take great care in implementing and maintaining the security of the Site and your information by employing industry standard procedures and policies to ensure the safety of the information we collect and retain, and prevent unauthorized use of any such information, and we require any third party to comply with similar security requirements, in accordance with this Privacy Policy. Although we take reasonable steps to safeguard information, we cannot be responsible for the acts of those who gain unauthorized access or abuse our Site, and we make no warranty, express, implied or otherwise, that we will prevent such access.

Please note that some data recipients may be located outside the EEA. In such cases we will transfer your data only to such countries as approved by the European Commission as providing adequate level of data protection, or enter into legal agreements ensuring an adequate level of data protection.

We may use your Personal Information, such as your name, email address, telephone number, etc. ourselves or by using our third party subcontractors for the purpose of providing you with promotional materials, concerning our services, which we believe may interest you. 



Out of respect to your right to privacy we provide you within such marketing materials with means to decline receiving further marketing offers from us. If you unsubscribe we will remove your email address or telephone number from our marketing distribution lists. 

Please note that even if you have unsubscribed from receiving marketing emails from us, we may send you other types of important e-mail communications without offering you the opportunity to opt out of receiving them. These may include customer service announcements or administrative notices.

We may share information in the event of a corporate transaction (e.g. sale of a substantial part of our business, merger, consolidation or asset sale). In the event of the above, the transferee or acquiring company will assume the rights and obligations as described in this Privacy Policy.

We understand the importance of protecting children’s privacy, especially in an online environment. The Site is not designed for or directed at children. Under no circumstances shall we allow use of our services by minors without prior consent or authorization by a parent or legal guardian. We do not knowingly collect Personal Information from minors. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at info@botanyam.com.

We reserve the right to periodically amend or revise the Privacy Policy; material changes will be effective immediately upon the display of the revised Privacy policy. The last revision will be reflected in the "Last modified" section. Your continued use of the Platform, following the notification of such amendments on our website, constitutes your acknowledgment and consent of such amendments to the Privacy Policy and your agreement to be bound by the terms of such amendments.

If you have any general questions about the Site or the information we collect about you and how we use it, you can contact us at info@botanyam.com.

Privacy Notice for candidates

WHAT IS THE PURPOSE OF THIS PRIVACY NOTICE

This privacy notice applies if you are applying for work with the Company (whether as an employee, worker or contractor). It makes you aware of how and why your personal data will be used, namely for the purposes of the recruitment exercise, and how long it will usually be retained for. It provides you with certain information that must be provided under the UK General Data Protection Regulation (UK GDPR).

The Company is a "controller" in relation your personal data. This means that the Company is responsible for deciding how the Company holds and uses personal information about you.

DATA PROTECTION PRINCIPLES

The Company will comply with data protection law and principles, which means that your data will be:

• Used lawfully, fairly and in a transparent way.
• Collected only for valid purposes that the Company has clearly explained to you and not used in any way that is incompatible with those purposes.
• Relevant to the purposes the Company has told you about and limited only to those purposes.
• Accurate and kept up to date.
• Kept only as long as necessary for the purposes the Company has told you about.
• Kept securely.

WHO IS YOUR PERSONAL INFORMATION COLLECTED FROM?

The Company collects personal information about candidates from the following sources:

• You, the candidate
• Recruitment agencies
• Background check providers
• Credit reference agencies.
• Disclosure and Barring Service in respect of criminal convictions
• Your named referees
• Publicly available sources including social media

THE KIND OF INFORMATION THE COMPANY HOLDS ABOUT YOU

In connection with your application for work with the Company, the Company will collect, store, and use the following categories of personal information about you:

• The information you have provided to the Company in your curriculum vitae and covering letter
• The information you have provided on the Company’s application form, including name, address, telephone number, personal email address, education history, qualifications and employment history
• Any information you provide to the Company during the interview process
• The results of any tests you are requested to undertake as part of the interview process
• Information obtained from sources other than yourself previously referred to in this notice

This may involve the Company collecting, storing and using the following types of more sensitive personal information:

• Information about your race or ethnicity, religious or philosophical beliefs, trade union membership, sexual orientation and political opinions.
• Information about your health, including any medical condition, health and sickness records.
• Information about criminal convictions and offences.

HOW THE COMPANY WILL USE INFORMATION ABOUT YOU

The Company will use the personal information the Company collects about you to:

• Assess your skills, qualifications, and suitability for the work or role
• Carry out background and reference checks, where applicable
• Communicate with you about the recruitment process
• Keep records related to the Company’s hiring processes
• Comply with legal or regulatory requirements

It is in the Company’s legitimate interests to decide whether to appoint you to the role or work since it would be beneficial to the Company’s business to appoint someone to that role or work.

The Company also needs to process your personal information to decide whether to enter into a contract of employment with you. 

Having received your CV and covering letter and/or your application form and/or the results from the tests which you may be asked to take, the Company will then process that information to decide whether you meet the basic requirements to be shortlisted for the role. If you do, the Company will decide whether your application is strong enough to invite you for an interview. If the Company decides to call you for an interview, the Company will use the information you provide to the Company at the interview to decide whether to offer you the role or work. If the Company decides to offer you the role or work, the Company will then take up references and/or carry out a criminal record check and/or carry out any other checks before confirming your appointment.

If you fail to provide personal information

If you fail to provide information when requested, which is necessary for the Company to consider your application (such as evidence of qualifications or work history), the Company will not be able to process your application successfully. For example, if the Company requires a credit check or references for the role and you fail to provide the Company with relevant details, the Company will not be able to take your application further.

HOW THE COMPANY USES PARTICULARLY SENSITIVE PERSONAL INFORMATION 

Where appropriate the Company will use your particularly sensitive personal information in the following ways:

• the Company uses information about disability to consider whether the Company needs to provide appropriate adjustments during the recruitment process, for example whether adjustments need to be made during a test or interview
• the Company uses information about racial or ethnic origin, religious or philosophical beliefs, disability or sexual orientation to ensure meaningful equal opportunity monitoring and reporting
  

INFORMATION ABOUT CRIMINAL CONVICTIONS

The Company may process information about criminal convictions.

The Company may collect information about your criminal convictions history if the Company would like to offer you the work or role (conditional on checks and any other conditions, such as references, being satisfactory). The Company is entitled to carry out a criminal records check in order to satisfy itself that there is nothing in your criminal convictions history which makes you unsuitable for the work or role. In particular the role may require a high degree of trust and integrity since it may involve dealing with high value client money and so the Company may seek a basic disclosure of your criminal records history.

The Company has in place an appropriate policy document and safeguards which the Company is required by law to maintain when processing such data.

AUTOMATED DECISION-MAKING

You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making.

DATA SHARING

Why might you share my personal information with third parties?

The Company will only share your personal information with the following third parties for the purposes of processing your application: search and recruitment consultancies, background check providers, credit reference agencies, Disclosure and Barring Service, your named referees, other entities within the Company’s corporate group, any individuals that will be involved in the interview and appointment decision-making process. All of the Company’s third-party service providers and other entities in the group are required to take appropriate security measures to protect your personal information in line with the Company’s policies. The Company does not allow its third-party service providers to use your personal data for their own purposes. The Company only permits them to process your personal data for specified purposes and in accordance with the Company’s instructions.



DATA SECURITY

The Company has 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, the Company limits 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 the Company’s instructions and they are subject to a duty of confidentiality.

The Company has 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 the Company is legally required to do so.

DATA RETENTION

How long will you use my information for?

The Company will retain your personal information for a period of six (6) months after the Company has communicated to you its decision about whether to appoint you to the role or work. The Company retains your personal information for that period so that the Company can show, in the event of a legal claim, that the Company has not discriminated against candidates on prohibited grounds and that the Company has conducted the recruitment exercise in a fair and transparent way. After this period, the Company will securely destroy your personal information in accordance with the Company’s data retention policy.

If the Company would like to retain your personal information on file, on the basis that the Company might be able to consider you for an opportunity that may arise in future, the Company will write to you separately, seeking your explicit consent to retain your personal information for a fixed period for that purpose. 

RIGHTS OF ACCESS, RECTIFICATION, ERASURE, OBJECTION, RESTRICTION AND DATA PORTABILITY 

Your rights in connection with personal information

Under certain circumstances, by law you have the right to:

• Request access to your personal information (commonly known as making a "data subject access request"). This enables you to receive a copy of the personal information the Company holds about you and to check that the Company is lawfully processing it.
• Request rectification of the personal information that the Company holds about you. This enables you to have any incomplete or inaccurate information the Company holds about you corrected.
• Request erasure of your personal information. This enables you to ask the Company to delete or remove personal information where there is no good reason for the Company continuing to process it. You also have the right to ask the Company to delete or remove your personal information where you have exercised your right to object to processing.
• Object to processing of your personal information where the Company is relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where the Company is processing your personal information for direct marketing purposes.
• Request the restriction of processing of your personal information. This enables you to ask the Company to suspend the processing of personal information about you, for example if you want the Company to establish its accuracy or the reason for processing it.
• Request the transfer of your personal information to another party.

If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that the Company transfer a copy of your personal information to another party, please contact the Company at info@botanyam.com.

QUESTIONS OR COMPLAINTS

If you have any questions or concerns about this privacy notice or how the Company handles your personal information, please contact the Company at info@botanyam.com.

You have the right to make a complaint at any time to the Information Commissioner's Office (ICO) who is responsible for data protection issues in the UK.

05 February 2025