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Privacy Policy Statement of Asia Frontier Capital Ltd. (AFC)

This is the Privacy Policy Statement of Asia Frontier Capital Ltd., on behalf of itself, its affiliates and subsidiaries (AFC). The purpose of this Privacy Policy Statement is to set out the policies and practices of AFC’s commitment to protecting personal data privacy in accordance with the provisions of the Hong Kong Personal Data (Privacy) Ordinance as well as the European General Data Protection Regulation (GDPR).

For the purposes of the GDPR, we are a data controller in respect of your personal data. AFC is responsible for ensuring that it uses any personal data provided by you in compliance with the GDPR.

This privacy policy applies if you are an existing client or a prospective client. This privacy notice sets out the basis on which any personal data that you provide to us, that we create, or that we obtain about you from other sources, will be processed by us.

We may collect and process the following personal data about you:

  • Information that you provide to us: This includes information about you that you give us by filling in forms or by communicating with us, whether face-to-face, by phone, e-mail or otherwise. This information may include: Your name, address, email address, telephone number, any financial information and other information provided by you in connection with: (i) any due diligence, (ii) a prospective investment in any funds advised/managed by us, (iii) completing any forms or other documents / communications sent by or on behalf of us to you in relation to any prospective investment or investment made, (iv) any ongoing communications with us regarding any prospective investment or investment made, or (v) any related matters.
  • Information we collect or generate about you. This includes: written documentation AFC has to keep by law or by a regulatory body, information in any client relationship management notes, any telephone conversations (whether recorded or not), meetings, information you provide to us in the completion of any documentation, the use of our website, by email or at any conferences, meetings or other events.
  • Information we obtain from other sources. This includes: information received from any distributor, placement agent, custodian, banks, regulators, financial institution, fund of funds, management company or other company acting on your behalf.

 

Uses of your personal data

Your personal data may be stored and processed by AFC in the following ways and for the following purposes:

  • Sending you information in relation to the funds we act as investment advisor for, facilitating an assessment of your eligibility to invest, processing any subscription, redemption, withdrawal, exchange or transfer request, communicating with any third parties you may ask us to communicate with.

We are entitled to use your personal data in these ways:

  • In order to perform the obligations set out in any subscription, redemption or withdrawal, exchange or transfer request (a contract between you as the data subject and the fund we act as investment advisor for as data controller);
  • The use of your personal data as described is necessary for our legitimate business interests (or the legitimate interests of one or more of our affiliates), such as maintenance of client records and communicating with clients in relation to funds we act as investment advisor for that clients or prospective clients have expressed an interest in; and
  • In order for us to comply with our legal and regulatory obligations, or in order to establish, exercise or defend our legal rights or for the purpose of any legal proceedings.

Disclosure of your information to third parties

  • We might have the legal obligation to disclose some or all of your personal data to tax authorities, governments, regulators (FATCA, Automatic Exchange of Financial Account Information (AEOI), Securities and Futures Commission of Hong Kong (SFC) and others) or other enforcement/investigation agencies or government entities.
  • We may disclose your personal data to our affiliates in order for us to discharge our obligations, and/or in order for us to communicate effectively between related parts of our business.

We will take steps to ensure that personal data is accessed only by staff that have a need to do so for the purposes described in this notice.

We may also share your personal data outside of AFC and our affiliates:

  • To third party agents or contractors (for example, the providers of our electronic data storage services, and our fund administrator) for the purpose of providing services to us. These third parties will be subject to confidentiality requirements and they will only use your personal data as described in this privacy notice; and
  • To the extent required by law, for example if we are under a duty to disclose your personal data in order to comply with any legal obligation, establish, exercise or defend our legal rights.

Retention of personal data

How long we hold your personal data for will vary. The retention period will be determined by various criteria including:

  • the purpose for which we are using it - we will need to keep the data for as long as is necessary for that purpose; and
  • legal obligations - laws or regulation may set a minimum period for which we have to keep your personal data.

Your rights

You have a number of legal rights in relation to the personal data that we hold about you. These rights include:

  • the right to obtain information regarding the processing of your personal data and access to the personal data which we hold about you;
  • the right to withdraw your consent to our processing of your personal data at any time.
  • However, please note that we may still be entitled to process your personal data if we have another legitimate reason (other than consent) for doing so;
  • in some circumstances, the right to receive some personal data in a structured, commonly used and machine-readable format and/or request that we transmit those data to a third party where this is technically feasible. Please note that this right only applies to personal data which you have provided to us;
  • the right to request that we rectify your personal data if it is inaccurate or incomplete;
  • the right to request that we erase your personal data in certain circumstances. However, please note that there may be circumstances in which you ask us to erase your personal data but we are legally required to retain it;
  • the right to object to, and the right to request that we restrict our processing of your personal data in certain circumstances. Again, there may be circumstances where you object to, or ask us to restrict, our processing of your personal data but we are legally entitled to either continue processing your personal data and / or to refuse that request; and
  • the right to lodge a complaint with the data protection regulator (details of which are provided below) if you think that any of your rights have been infringed by us.

 

Accessing your personal data

You have the right to access and update your information and contact us. If you have any question about our Privacy Policy Statement, please contact us at:

Data Protection Officer 
Asia Frontier Capital Ltd. / Asia Frontier Investments Limited
905 Loon Kee Building

267-275 Des Voeux Road Central

Hong Kong
Fax: 852 3904 1017
This email address is being protected from spambots. You need JavaScript enabled to view it.

May 2018

 

 

Cayman Privacy Notice of AFC Umbrella Fund

This privacy notice (Cayman Privacy Notice) explains the manner in which AFC Umbrella Fund (Fund) collects, processes and maintains personal data about you pursuant to the Data Protection Law, 2017 of the Cayman Islands, as amended from time to time and any regulations, codes of practice or orders promulgated pursuant thereto (DPL).

The Fund is committed to processing personal data in accordance with the DPL. In its use of personal data, the Fund will be characterised under the DPL as a 'data controller', whilst certain of the Fund's service providers, affiliates and delegates may act as 'data processors' under the DPL.

Interpretation: For the purpose of this Cayman Privacy Notice you or your shall mean, you, the holder of participating shares (Shareholder) in a sub-fund (Sub-Fund) of the Fund and shall also include any individual connected to you which could include: any person owning or controlling the Shareholder, having a beneficial interest in the Shareholder, any person for whom the Shareholder is acting as agent or nominee, any trustee, settlor or protector of a trust, and the directors, managers, members, officers and employees of all such persons.  Weus or our means the Fund in its capacity as data controller of the personal data.

Personal data: By virtue of making an investment in the Fund, the investment manager of the Sub-Fund (Investment Manager), the investment adviser of the Sub-Fund (if applicable), Trident Fund Services (HK) Limited, the administrator of the relevant sub-fund, and their respective affiliates and delegates (Authorised Entities) may collect, record, store, transfer and otherwise process personal data[1] by which individuals may be directly or indirectly identified.

Much of the personal data will be provided through completion of subscription forms, investor questionnaires and other information provided by you in writing (including any anti-money laundering, identification, and verification documentation), in person, by telephone (which may be recorded), fax, electronically or by any other means.

We may combine personal data that you provide to us with personal data that we collect from, or about you. This may include personal data collected in an online or offline context including from credit

reference agencies and other available public databases or data sources, such as news outlets, websites and other media sources and international sanctions lists.

If you are a nominee investor or a corporate entity, this Cayman Privacy Notice will be relevant for those individuals connected to you and you should transmit this document to such individuals for their awareness and consideration.

Why is your personal data processed: Your personal data will be processed fairly and for lawful purposes, including:

  • where the processing is necessary for the Fund to perform a contract to which you are a party or for taking pre-contractual steps at your request, which may include the following circumstances:
    • to operate the Fund, including managing and administering the Fund on an on-going basis which enables the Fund and its investors to satisfy their contractual duties and obligations to each other;
    • to process your subscription, investment or redemption in the Fund or any payment or distribution to you, such as recording your information in the registers and accounts of the Fund;
    • to send you statements in relation to your investment in the Fund;
    • to facilitate the continuation or termination of the contractual relationship between you, other investors and the Fund; and/or
    • to administer and facilitate the transfer of funds and other transactions between you, other investors and the Fund;
  • where the processing is necessary for compliance with any legal, tax or regulatory obligation to which the Fund is subject, which may include the following circumstances:
    • to undertake investor due diligence and on-boarding checks;
    • to carry out know-your-client, client due diligence, anti-money laundering, counter-terrorist financing and proliferation financing checks of investors (and where applicable, their controllers and beneficial owners);
  • to comply with requests from regulatory, governmental, tax and law enforcement authorities;
  • to prevent and detect fraud;
  • surveillance and investigation activities;
  • to carry out audit checks and to instruct auditors;
  • to comply with FATCA, CRS and other comparable legislation;
  • to comply with applicable sanctions and embargo legislation; and/or
  • to maintain statutory registers;
  • where the processing is for the purposes of legitimate interests pursued by the Fund or by an Authorised Entity to whom the data are disclosed, which may include the following circumstances:
    • to comply with a legal, tax, accounting or regulatory obligation to which the Fund or such Authorised Entity is subject;
    • to assess and process requests you make;
    • to send updates, information and notices or otherwise corresponding with you in connection with your investment in the Fund;
    • to verify the identity of the Fund to third parties in connection with any actual or proposed investments and/or for any purpose which the Fund considers is necessary or desirable;
    • to assist the Fund in the improvement and optimisation of our services, advertising and marketing;
    • to investigate any complaints, or pursue or defend any claims proceedings or disputes (where domestic or foreign);
    • to provide you with, and inform you about, our investment products and services;
    • for risk management and risk controlling purposes relating to the Fund;
    • to comply with audit requirements;
  • to ensure internal compliance with our policies and procedures;
  • to seek professional advice, including legal advice;
  • to facilitate business asset transactions involving the Fund or related entities;
  • to monitor communications to/ from us (where permitted by law);
  • to protect the securities and integrity of our IT systems;
  • for direct marketing purposes;
  • to help detect, prevent, investigate, and prosecute fraud and/or other criminal activity, and share this data with legal, compliance, risk and managerial staff to assess suspicious activities, and against fraud, breach of confidence or theft of proprietary materials; and/or
  • where you otherwise consent to the processing of personal data for any other specific purpose.

As a data controller, we will only use your personal data for the purposes for which we collected it. If we need to use your personal data for an unrelated purpose, we will contact you.

Automated decision-making: We do not envisage that any decisions will be taken about you using fully automated means, however we will notify you in writing if this position changes.

Disclosure of personal data: We anticipate that we will share your personal data with the Authorised Entities for the purposes set out in this Cayman Privacy Notice as well as advisers (e.g. auditors, legal counsel and tax advisers) to the Fund and/or the Investment Manager relating to or in connection with subscriptions to the Fund.  We may also share relevant personal data where it is lawful to do so and necessary to comply with our contractual obligations or your instructions or where it is necessary or desirable to do so in connection with any regulatory reporting obligations.  In exceptional circumstances, we will share your personal data with regulatory, prosecuting and other governmental agencies or departments, and parties to litigation (whether pending or threatened), in any country or territory including to any other person where we have a public or legal duty to do so (e.g. to assist with detecting and preventing fraud, tax evasion and financial crime or compliance with a court order).  At times, it may also be necessary to share relevant personal data with (i) a prospective service provider of the Fund including one which is replacing an existing service provider or (ii) to people or companies where required in connection with a potential or actual corporate restructuring, merger, acquisition or takeover of the Fund and/or the Investment Manager.

We will not sell your personal data.  Any transfer of personal data outside of the Cayman Islands shall be in accordance with the requirements of the DPL.  Where necessary, we will ensure that separate

and appropriate legal agreements are put in place with the recipient of that data.  For example, where data is to be transferred to a person in a country which does not provide an adequate level of data protection, the Fund will ensure it puts in place appropriate safeguards, such as contracts which seek to ensure that any data processor is contractually bound to provide an adequate level of protection in respect of the personal data transferred to it and that any such transfer complies with the requirements of the DPL.

Your rights: You have certain rights under the DPL, including:

  • the right to be informed as to how we collect and use your personal data;
  • the right to obtain a copy of your personal data;
  • the right to require us to stop direct marketing;
  • the right to have inaccurate or incomplete personal data corrected;
  • the right to withdraw your consent and require us to stop processing or restrict the processing, or not begin the processing of your personal data;
  • the right to be notified of a data breach (unless the breach is unlikely to be prejudicial);
  • the right to obtain information as to any countries or territories outside the Cayman Islands to which we, whether directly or indirectly, transfer, intend to transfer or wish to transfer your personal data, general measures we take to ensure the security of personal data and any information available to us as to the source of your personal data,
  • the right to complain to the Office of the Ombudsman of the Cayman Islands. You can access their website here: ky; and
  • the right to require us to delete your personal data in some limited circumstances.

Please note that if you do not wish to provide us with requested personal data or subsequently withdraw your consent, you may not be able to invest in the Fund or remain invested in the Fund as it will affect our ability to provide our services to you and manage your investment.

Retention of Personal Data: The personal data shall not be held by the Fund for longer than necessary with regard to the purposes of the data processing. 

Changes to Cayman Privacy Notice: We encourage you to regularly review this and any updated Cayman Privacy Notice to ensure that you are always aware of how personal data is collected, used, stored and disclosed.

 

Contact us: Please contact the Fund if you have any questions about this Cayman Privacy Notice, the personal data we hold about you or to discuss your data protection rights.

24th October 2019: Thomas Eugen Hugger, Chairman, This email address is being protected from spambots. You need JavaScript enabled to view it.


[1] Examples of personal data include: name, title, date of birth, age, gender, nationality, picture, national identification number, usernames, email address, residential address, postal address, telephone / mobile / fax number, family structure, siblings, offspring, source of wealth, personal assets, bank account numbers and income details, tax identification number, financial and investment qualification, shareholder reference number, payment details and other details of products and services purchased by the client, power of attorney information, job titles, employment history, employer details, personal data contained in emails, data regard the client's preferences in connection with marketing communications, personal data obtained pursuant to standard criminal record checks, data obtained further to the Fund's standard anti-money laundering and client due diligence checks. It may also include data which, when aggregated with other data, enables an individual to be identified, such as an IP address and geolocation data.

 

Cayman Privacy Notice of AFC Umbrella Fund (Non-US)

This privacy notice (Cayman Privacy Notice) explains the manner in which AFC Umbrella Fund (Non-US)  (Fund) collects, processes and maintains personal data about you pursuant to the Data Protection Law, 2017 of the Cayman Islands, as amended from time to time and any regulations, codes of practice or orders promulgated pursuant thereto (DPL).

The Fund is committed to processing personal data in accordance with the DPL. In its use of personal data, the Fund will be characterised under the DPL as a 'data controller', whilst certain of the Fund's service providers, affiliates and delegates may act as 'data processors' under the DPL.

Interpretation: For the purpose of this Cayman Privacy Notice you or your shall mean, you, the holder of participating shares (Shareholder) in a sub-fund (Sub-Fund) of the Fund and shall also include any individual connected to you which could include: any person owning or controlling the Shareholder, having a beneficial interest in the Shareholder, any person for whom the Shareholder is acting as agent or nominee, any trustee, settlor or protector of a trust, and the directors, managers, members, officers and employees of all such persons.  Weus or our means the Fund in its capacity as data controller of the personal data.

Personal data: By virtue of making an investment in the Fund, the investment manager of the Sub-Fund (Investment Manager), the investment adviser of the Sub-Fund (if applicable), Trident Fund Services (HK) Limited, the administrator of the relevant sub-fund, and their respective affiliates and delegates (Authorised Entities) may collect, record, store, transfer and otherwise process personal data[1] by which individuals may be directly or indirectly identified.

Much of the personal data will be provided through completion of subscription forms, investor questionnaires and other information provided by you in writing (including any anti-money laundering, identification, and verification documentation), in person, by telephone (which may be recorded), fax, electronically or by any other means.

We may combine personal data that you provide to us with personal data that we collect from, or about you. This may include personal data collected in an online or offline context including from credit

reference agencies and other available public databases or data sources, such as news outlets, websites and other media sources and international sanctions lists.

If you are a nominee investor or a corporate entity, this Cayman Privacy Notice will be relevant for those individuals connected to you and you should transmit this document to such individuals for their awareness and consideration.

Why is your personal data processed: Your personal data will be processed fairly and for lawful purposes, including:

  • where the processing is necessary for the Fund to perform a contract to which you are a party or for taking pre-contractual steps at your request, which may include the following circumstances:
    • to operate the Fund, including managing and administering the Fund on an on-going basis which enables the Fund and its investors to satisfy their contractual duties and obligations to each other;
    • to process your subscription, investment or redemption in the Fund or any payment or distribution to you, such as recording your information in the registers and accounts of the Fund;
    • to send you statements in relation to your investment in the Fund;
    • to facilitate the continuation or termination of the contractual relationship between you, other investors and the Fund; and/or
    • to administer and facilitate the transfer of funds and other transactions between you, other investors and the Fund;
  • where the processing is necessary for compliance with any legal, tax or regulatory obligation to which the Fund is subject, which may include the following circumstances:
    • to undertake investor due diligence and on-boarding checks;
    • to carry out know-your-client, client due diligence, anti-money laundering, counter-terrorist financing and proliferation financing checks of investors (and where applicable, their controllers and beneficial owners);
  • to comply with requests from regulatory, governmental, tax and law enforcement authorities;
  • to prevent and detect fraud;
  • surveillance and investigation activities;
  • to carry out audit checks and to instruct auditors;
  • to comply with FATCA, CRS and other comparable legislation;
  • to comply with applicable sanctions and embargo legislation; and/or
  • to maintain statutory registers;
  • where the processing is for the purposes of legitimate interests pursued by the Fund or by an Authorised Entity to whom the data are disclosed, which may include the following circumstances:
    • to comply with a legal, tax, accounting or regulatory obligation to which the Fund or such Authorised Entity is subject;
    • to assess and process requests you make;
    • to send updates, information and notices or otherwise corresponding with you in connection with your investment in the Fund;
    • to verify the identity of the Fund to third parties in connection with any actual or proposed investments and/or for any purpose which the Fund considers is necessary or desirable;
    • to assist the Fund in the improvement and optimisation of our services, advertising and marketing;
    • to investigate any complaints, or pursue or defend any claims proceedings or disputes (where domestic or foreign);
    • to provide you with, and inform you about, our investment products and services;
    • for risk management and risk controlling purposes relating to the Fund;
    • to comply with audit requirements;
  • to ensure internal compliance with our policies and procedures;
  • to seek professional advice, including legal advice;
  • to facilitate business asset transactions involving the Fund or related entities;
  • to monitor communications to/ from us (where permitted by law);
  • to protect the securities and integrity of our IT systems;
  • for direct marketing purposes;
  • to help detect, prevent, investigate, and prosecute fraud and/or other criminal activity, and share this data with legal, compliance, risk and managerial staff to assess suspicious activities, and against fraud, breach of confidence or theft of proprietary materials; and/or
  • where you otherwise consent to the processing of personal data for any other specific purpose.

As a data controller, we will only use your personal data for the purposes for which we collected it. If we need to use your personal data for an unrelated purpose, we will contact you.

Automated decision-making: We do not envisage that any decisions will be taken about you using fully automated means, however we will notify you in writing if this position changes.

Disclosure of personal data: We anticipate that we will share your personal data with the Authorised Entities for the purposes set out in this Cayman Privacy Notice as well as advisers (e.g. auditors, legal counsel and tax advisers) to the Fund and/or the Investment Manager relating to or in connection with subscriptions to the Fund.  We may also share relevant personal data where it is lawful to do so and necessary to comply with our contractual obligations or your instructions or where it is necessary or desirable to do so in connection with any regulatory reporting obligations.  In exceptional circumstances, we will share your personal data with regulatory, prosecuting and other governmental agencies or departments, and parties to litigation (whether pending or threatened), in any country or territory including to any other person where we have a public or legal duty to do so (e.g. to assist with detecting and preventing fraud, tax evasion and financial crime or compliance with a court order).  At times, it may also be necessary to share relevant personal data with (i) a prospective service provider of the Fund including one which is replacing an existing service provider or (ii) to people or companies where required in connection with a potential or actual corporate restructuring, merger, acquisition or takeover of the Fund and/or the Investment Manager.

We will not sell your personal data.  Any transfer of personal data outside of the Cayman Islands shall be in accordance with the requirements of the DPL.  Where necessary, we will ensure that separate

and appropriate legal agreements are put in place with the recipient of that data.  For example, where data is to be transferred to a person in a country which does not provide an adequate level of data protection, the Fund will ensure it puts in place appropriate safeguards, such as contracts which seek to ensure that any data processor is contractually bound to provide an adequate level of protection in respect of the personal data transferred to it and that any such transfer complies with the requirements of the DPL.

Your rights: You have certain rights under the DPL, including:

  • the right to be informed as to how we collect and use your personal data;
  • the right to obtain a copy of your personal data;
  • the right to require us to stop direct marketing;
  • the right to have inaccurate or incomplete personal data corrected;
  • the right to withdraw your consent and require us to stop processing or restrict the processing, or not begin the processing of your personal data;
  • the right to be notified of a data breach (unless the breach is unlikely to be prejudicial);
  • the right to obtain information as to any countries or territories outside the Cayman Islands to which we, whether directly or indirectly, transfer, intend to transfer or wish to transfer your personal data, general measures we take to ensure the security of personal data and any information available to us as to the source of your personal data,
  • the right to complain to the Office of the Ombudsman of the Cayman Islands. You can access their website here: ky; and
  • the right to require us to delete your personal data in some limited circumstances.

Please note that if you do not wish to provide us with requested personal data or subsequently withdraw your consent, you may not be able to invest in the Fund or remain invested in the Fund as it will affect our ability to provide our services to you and manage your investment.

Retention of Personal Data: The personal data shall not be held by the Fund for longer than necessary with regard to the purposes of the data processing. 

Changes to Cayman Privacy Notice: We encourage you to regularly review this and any updated Cayman Privacy Notice to ensure that you are always aware of how personal data is collected, used, stored and disclosed.

 

Contact us: Please contact the Fund if you have any questions about this Cayman Privacy Notice, the personal data we hold about you or to discuss your data protection rights.

24th October 2019: Thomas Eugen Hugger, Chairman, This email address is being protected from spambots. You need JavaScript enabled to view it.


[1] Examples of personal data include: name, title, date of birth, age, gender, nationality, picture, national identification number, usernames, email address, residential address, postal address, telephone / mobile / fax number, family structure, siblings, offspring, source of wealth, personal assets, bank account numbers and income details, tax identification number, financial and investment qualification, shareholder reference number, payment details and other details of products and services purchased by the client, power of attorney information, job titles, employment history, employer details, personal data contained in emails, data regard the client's preferences in connection with marketing communications, personal data obtained pursuant to standard criminal record checks, data obtained further to the Fund's standard anti-money laundering and client due diligence checks. It may also include data which, when aggregated with other data, enables an individual to be identified, such as an IP address and geolocation data.