25 May 2018
1. This Policy
This Policy explains the manner in which Dragon Capital collects, utilises and maintains non-public personal information about you when you are based in the EU or the European Economic Area (“EEA”), as required under the General Data Protection Regulation (EU 2016/679) (“GDPR”). This Policy applies to your investment or potential investment in our funds or other investment products.
This Policy may be amended or updated from time to time to reflect changes in our practices with respect to the Processing of Personal Data, or changes in applicable law. We encourage you to read this Policy carefully, and to regularly check this page to review any changes we might make in accordance with the terms of this Policy.
2. Processing your Personal Data
Collection of Personal Data:
We collect Personal Data about you, subject to applicable law, from a variety of sources as follows:
- We obtain your Personal Data when you provide it to us (e.g., where you contact us via email or telephone, or by any other means).
- We collect your Personal Data in the ordinary course of our relationship with you (e.g., in the course of managing your transactions or your investment in our funds).
- We receive your Personal Data from third parties who provide it to us (e.g., your employer; our customers; credit reference agencies; law enforcement authorities; vendors; brokers etc.).
- We receive your Personal Data from third parties service providers, where you purchase any of our products or services through such third parties (e.g., transfer agents; registrars; administrators; distributors; custodians; paying agents; etc.).
- We collect or obtain Personal Data when you visit any of our Sites or use any features or resources available on or through a Site. When you visit a Site, your device and browser may automatically disclose certain information (such as device type, operating system, browser type, browser settings, IP address, language settings, dates and times of connecting to a Site and other technical communications information), some of which may constitute Personal Data
Creation of Personal Data:
We may also create Personal Data about you, such as records of your interactions with us, details of your accounts and information sharing and reporting contact lists, subject to applicable law.
Relevant Personal and Sensitive Personal Data:
The categories of Personal Data about you that we may Process, subject to applicable law, are as follows:
- Personal details: given name(s); preferred name; nickname(s), date of birth; Government(s) issued numbers (e.g., tax identification number); nationality; images of Passports.
- Contact details: address; telephone number; fax number; email address; and social media profile details.
- Financial details: billing; bank account numbers; account holder name and details; sources of funds; instruction records; transaction details; and counterparty details.
- Electronic Identifying Data: IP address cookies, logs, online identifiers, device IDs, and geolocation.
Processing your Sensitive Personal Data:
We do not seek to collect or otherwise Process your Sensitive Personal Data, except where:
- the Processing is necessary for compliance with a legal obligation
- the Processing is necessary for the detection or prevention of crime (including the prevention of fraud) to the extent permitted by applicable law;
- you have manifestly made those Sensitive Personal Data public;
- the Processing is necessary to protect the vital interests of any individual; or
- we have, in accordance with applicable law, obtained your prior explicit consent prior to Processing your Sensitive Personal Data (as above, this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way); or
- Processing is necessary for reasons of substantial public interest and occurs on the basis of an applicable law that is proportionate to the aim pursued and provides for suitable and specific measures to safeguard your fundamental rights and interests.
We only Process Criminal Offences Data, and national identification numbers, to the extent required or permitted by applicable law.
Purposes for which we may Process your Personal Data, and legal bases for Processing:
The purposes for which we may Process Personal Data, subject to applicable law, and the legal bases on which we may perform such Processing, are:
|Processing activity||Legal basis for Processing|
|AML/KYC: fulfilling our regulatory compliance obligations, including ‘Know Your Client’ checks; and confirming and verifying your identity and source of funds (including by using credit reference agencies); and screening against government, supranational bodies (including but not limited to the European Union and the United Nations Security Council) and/or law enforcement agency sanctions lists as well as internal sanctions lists and other legal restrictions.|
|Client on-boarding: on-boarding new clients; and compliance with our internal compliance requirements, policies and procedures.|
|Financial Due Diligence: conducting reference checks and other financial due diligence|
|Provision of products and services: administering relationships and related services; performance of tasks necessary for the provision of the requested services; communicating with you in relation to those services.|
|Information sharing and reporting: communicating with you via any means (including via email, telephone, text message, social media, post or in person) subject to ensuring that such communications are provided to you in compliance with applicable law; and maintaining and updating your contact information where appropriate.|
|Operation of our Sites: operation and management of our Sites; providing content to you; displaying advertising and other information to you; and communicating and interacting with you via our Sites.|
|IT operations: management of our communications systems; operation of IT security; and IT security audits.|
|Health and safety: health and safety assessments and record keeping; and compliance with related legal obligations.|
|Financial management: sales; finance; corporate audit; vendor management; and general business contacts.|
|Research: conducting market or customer satisfaction research; and engaging with you for the purposes of obtaining your views on our products and services.|
|Security: physical security of our premises (including records of visits to our premises and CCTV recordings); and electronic security (including login records and access details, where you access our electronic systems).|
|Investigations: detecting, investigating and preventing breaches of policy, and criminal offences, in accordance with applicable law.|
|Legal compliance: compliance with our legal and regulatory obligations under applicable law.|
|Legal proceedings: establishing, exercising and defending legal rights.|
|Improving our products and services: identifying issues with existing products and services; planning improvements to existing products and services; and creating new products and services.|
|Risk Management: Audit, compliance, controls and other risk management.|
|Fraud prevention: Detecting, preventing and investigating fraud.|
3. Disclosure of Personal Data to third parties
We may disclose your Personal Data to other entities within the Dragon Capital group, for legitimate business purposes (including providing services to you and operating our Sites), in accordance with applicable law. In addition, we may disclose your Personal Data to:
- you and, where appropriate, your family, your associates and your representatives;
- clients and customers of our businesses;
- credit reference agencies;
- anti-fraud services;
- governmental, legal, tax and regulatory, or similar authorities, ombudsmen, and central and/or local government agencies, upon request or where required, including for the purposes of reporting any actual or suspected breach of applicable law or regulation;
- accountants, auditors, financial and tax advisors, lawyers, notaries and other outside professional advisors to Dragon Capital or our funds, subject to binding contractual obligations of confidentiality in accordance with applicable law;
- debt-collection agencies and tracing agencies;
- data aggregation services;
- accreditation bodies;
- third party Processors (e.g., transfer agents; administrators; distributors; custodians; paying agents; cloud service providers) etc.), located anywhere in the world who process your personal data on our behalf, subject to the requirements noted below in this Section 3;
- any relevant party, claimant, complainant, enquirer, law enforcement agency or court, to the extent necessary for the establishment, exercise or defence of legal rights in accordance with applicable law;
- any relevant party for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including safeguarding against and the prevention of threats to public security in accordance with applicable law;
- to any relevant party in connection with AML/KYC requirements; any relevant third-party acquirer(s), in the event that we sell or transfer all or any relevant portion of our business or assets (including in the event of a reorganisation, dissolution or liquidation) or the assets or business of our funds; and/or
- the press and the media.
If we engage a third-party Processor to Process your Personal Data, the Processor will be subject to binding contractual obligations to: (i) only Process the Personal Data in accordance with our prior written instructions; and (ii) use measures to protect the confidentiality and security of the Personal Data; together with any additional requirements under applicable law.
4. International transfer of Personal Data
Because of the international nature of our business, we may need to transfer your Personal Data within the Dragon Capital Group, and to third parties as noted in Section 3 above, in connection with the purposes set out in this Policy. For this reason, we may transfer your Personal Data to other countries outside the EEA that may have different laws and data protection compliance requirements, including data protection laws of a lower standard, to those that apply in the country in which you are located.
Where we transfer your Personal Data to other countries, we do so on the basis of:
- European Commission’s adequacy decisions (where applicable);
- suitable Standard Contractual Clauses (http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32004D0915); or
- other valid transfer mechanisms.
If you want to receive more information about the safeguards applied to international transfers of personal data, please use the contact details provided in Section 12 below.
5. Data Security
We have implemented appropriate technical and organisational security measures designed to protect your Personal Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure, unauthorised access, and other unlawful or unauthorised forms of Processing, in accordance with applicable law.
You are responsible for ensuring that any Personal Data that you send to us are sent securely.
6. Data Accuracy
We take reasonable steps designed to ensure that:
- your Personal Data that we Process are accurate and, where necessary, kept up to date; and
- any of your Personal Data that we Process that are inaccurate (having regard to the purposes for which they are Processed) are erased or rectified without delay. From time to time we may ask you to confirm the accuracy of your Personal Data.
7. Data Minimisation
We take reasonable steps designed to ensure that your Personal Data that we Process are limited to the Personal Data reasonably required in connection with the purposes set out in this Policy.
8. Data Retention
We take every reasonable step to ensure that your Personal Data are only Processed for the minimum period necessary for the purposes set out in this Notice. The criteria for determining the duration for which we will retain your Personal Data are as follows:
- We will retain copies of your Personal Data in a form that permits identification only for as long as:
- we maintain an ongoing relationship with you (e.g., where you are a recipient of our services, or you are lawfully included in our mailing list and have not unsubscribed); or
- your Personal Data are necessary in connection with the lawful purposes set out in this Policy, for which we have a valid legal basis (e.g., where your personal data are included in a contract between us and your employer, and we have a legitimate interest in processing those data for the purposes of operating our business and fulfilling our obligations under that contract; or where we have a legal obligation to retain your Personal Data),
- The duration of:
- any applicable limitation period under applicable law (i.e., any period during which any person could bring a legal claim against us in connection with your Personal Data, or to which your Personal Data may be relevant); and
- an additional two (2) month period following the end of such applicable limitation period (so that, if a person bring a claim at the end of the limitation period, we are still afforded a reasonable amount of time in which to identify any Personal Data that are relevant to that claim),
- in addition, if any relevant legal claims are brought, we may continue to Process your Personal Data for such additional periods as are necessary in connection with that claim.
During the periods noted in paragraphs 2.a and 2.b above, we will restrict our Processing of your Personal Data to storage of, and maintaining the security of, those data, except to the extent that those data need to be reviewed in connection with any legal claim, or any obligation under applicable law.
Once the periods in paragraphs 1, 2 and 3 above, each to the extent applicable, have concluded, we will either:
- permanently delete or destroy the relevant Personal Data;
- archive your Personal Data so that it is beyond use; or
- anonymise the relevant Personal Data.
9. Your legal rights
Subject to applicable law, you may have a number of rights regarding the Processing of your Personal Data, including:
- the right to request access to, or copies of, your Personal Data that we Process or control, together with information regarding the nature, processing and disclosure of those Personal Data;
- the right to request rectification of any inaccuracies in your Personal Data that we Process or control;
- the right to request, on legitimate grounds:
- erasure of your Personal Data that we Process or control; or
- restriction of Processing of your Personal Data that we Process or control;
- the right to have your Personal Data that we Process or control transferred to another Controller, to the extent applicable;
- restriction of Processing of your Personal Data that we Process or control;
- where we Process your Personal Data on the basis of your consent, the right to withdraw that consent; and
- the right to lodge complaints with a Supervisory Authority regarding the Processing of your Personal Data by us or on our behalf.
This does not affect your statutory rights.
For the purposes of the GDPR, Dragon Capital Markets (Europe) Limited (“DCME”) has been appointed as the EU representative for Dragon Capital. In addition, and in accordance with the GDPR, the UK Office of the Information Commissioner (https://ico.org.uk/) is designated as the Lead Supervisory Authority for Dragon Capital. Contact details for DCME are set out in Section 12.
Subject to applicable law, you may also have the following additional rights regarding the Processing of your Personal Data:
- The right to object, on grounds relating to your particular situation, to the Processing of your Personal Data by us or on our behalf; and
- The right to object to the Processing of your Personal Data by us or on our behalf for direct marketing purposes.
To exercise one or more of these rights, or to ask a question about these rights or any other provision of this Policy, or about our Processing of your Personal Data, please use the contact details provided in Section 12 below.
10. Information sharing and reporting
We may Process your Personal Data to contact you, primarily by email and also on occasion by telephone, so that we can share you with information concerning our products and services that may be of interest to you, in accordance with applicable law.
If you do not wish to receive such communications from us you can opt out at any time by contacting your regular Dragon Capital contact, or by electronically unsubscribing from emails we have sent to you. After you unsubscribe, we will not send you further promotional emails, but we may continue to contact you to the extent necessary for the purposes of any services you have requested from us.
12. Contact details
If you have any comments, questions or concerns about any of the information in this Policy, or any other issues relating to the Processing of Personal Data by Dragon Capital, please contact your regular Dragon Capital client service contact, or:
Dragon Capital Markets (Europe) Limited (EU representative for Dragon Capital)
13. Controllers and/or Processors
Dragon Capital Markets (Europe) Limited
Dragon Capital Group Limited
1501 Me Linh Point
2 Ngo Duc Ke Street, District 1
Ho Chi Minh City
Dragon Capital Management (HK) Limited
Unit 2406, 24/F
9 Queen’s Road Central