Privacy Policy

Introduction

Protecting the confidentiality and security of personal information is integral to the way in which H Capital Limited conducts business worldwide. We at H Capital Limited are committed to safeguarding the privacy of our clients’ personal information and to using it in accordance with the privacy principles set out below when providing our services. The following are major points from our updated Privacy Policy statement that will help to explain the data processing practices of H Capital Limited’s businesses.

In accordance with the DIFC Data Protection Law, H Capital Limited, being the data controller for the purposes of this application for its services, must provide you with information on how your personal data will be processed.

Purposes of processing and lawful basis of processing

The personal data collected from you, provided by you or obtained from other sources on your behalf will be held, disclosed and processed by H Capital Limited for the purposes of offering you our services and maintaining the relationship with you.

We process personal data only when we have a lawful purpose. Presently, we use your personal data for the following lawful purposes:

A. Performance of contract

• To carry out the relationship opening process on receiving your application with the signed subscription agreements or investment agreements, which may also require you to provide the required documentation
• Advising and administering your portfolio and any related account on an ongoing basis, which involves your personal data for redemption, distribution of payments and for future subscriptions
• Disclosures to third parties identified in the said agreements or Offering Memorandum, such as auditors, regulatory and tax authorities and technology providers
• Recording, maintaining, storing and using recordings of telephone calls that you make to and receive from H Capital Limited or its delegates or duly appointed agents for processing and verification of instructions, providing advisory services and administration of your account(s) and any other matters related to your investment with H Capital Limited, dispute resolution, recordkeeping, security and/or training purposes
• Circulating periodic reports
• Responding to queries or providing you support
• For any other purpose as provided for in the agreements between us

B. Compliance with legal obligations

Complying with any applicable legal, tax or regulatory obligations imposed on the Portfolio Manager, including legal obligations under the Companies Act, tax laws, the AML regulations and other relevant regulatory laws and regulations, including but not limited to:

• AML: in line with anti-money laundering requirements under the DFSA AML regulations and other related regulations set by globally recognised AML agencies, all customers are required to be identified
• CRS/FATCA: H Capital Limited is obliged to collect certain information about each investor’s tax arrangements. For CRS/FATCA reporting purposes, please note that in certain circumstances H Capital Limited may legally be obliged to share this information and other financial information with respect to the investor’s interest with the relevant tax authorities in the relevant jurisdictions
• Screening: H Capital Limited shall engage in screening for the purpose of AML regulations and counter-terrorist financing legislation, including PEP screening and screening against UN, EU and other applicable sanctions regimes

C. Legitimate interest

• Carrying out statistical analysis and market research
• Recording, maintaining, storing and using recordings of telephone calls that you make to and receive from H Capital Limited

Please note that where personal data is processed for purposes of legitimate interests, you have a right to object to such processing, and H Capital Limited will no longer process the personal data unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defence of legal claims.

D. Consent

From time to time, H Capital Limited may send you information about financial markets and similar matters by telephone, by email or by other reasonable means of communication. You have the right not to receive such information.

Your consent is not required to process your personal data for the purposes referenced above. However, in order to process your personal data for the purposes of direct marketing, H Capital Limited seeks your consent.

You have a right to withdraw this consent at any time. However, your withdrawal of consent will not affect the lawfulness of processing based on consent before its withdrawal. You can withdraw your consent by contacting H Capital Limited at the address below.

C/o H Capital Limited
Office 16-32, Central Park Towers, Al Omlaat Street
Dubai International Financial Centre
P.O. Box 506874, Dubai, United Arab Emirates

Disclosures to data processors or third parties

Personal data relating to you which is collected from you or provided by you or on your behalf may be handled by H Capital Limited or its duly appointed agents for the purposes specified above. These data processors will handle your information in accordance with applicable data protection legislation. H Capital Limited may disclose your personal data to other third parties where required by law or for legitimate business interests. This may include disclosure to third parties such as auditors, regulatory bodies, taxation authorities and technology providers.

Transfers abroad

Your data may be processed outside of the DIFC. Personal data collected from you or provided by you or on your behalf may be transferred outside the jurisdiction where the transaction originated, including to companies situated in countries which may not have the same data protection laws. Such data transfers will only involve companies which are part of the same corporate group or acting as service providers to H Capital Limited.

Retention period

H Capital Limited will retain your personal information for as long as is needed to fulfil the purposes outlined in our Data Protection Policy, unless a longer retention period is required or permitted by law.

Security measures to protect your data

We maintain reasonable and appropriate security measures to protect customer data from loss, misuse and unauthorised access, disclosure, alteration and destruction. Our information security controls ensure that personal and financial data is well protected and accessible only to authorised personnel.

Your data protection rights

• You have a right of access to, and the right to amend and rectify, your personal data
• You have the right to have any incomplete personal data completed
• You have a right to be forgotten (right of erasure of personal data)
• You have a right to restrict processing
• You have a right to data portability
• You also have the right to object to processing where H Capital Limited is processing personal data for legitimate interests
• You have the right to withdraw your consent used for direct marketing

Additionally, you have a right to lodge a complaint with the relevant supervisory authority in the DIFC if you consider that the processing of personal data relating to you carried out by H Capital Limited is not in line with the regulation in force. You may request your rights as outlined above by submitting your written request to us via:

Data Protection Officer: Mr. Masroor Zaidi
C/o H Capital Limited
Central Park Towers, Office 16-32
Dubai International Financial Centre
P.O. Box 506874, Dubai, United Arab Emirates
Email: dpo@habibinvest.com

Other points

We do not track your online activities across the Internet. We do not use your personal information for automated decision making, including profiling. We do not sell or rent your personal information to third parties.

Refusal to provide personal data

The provision by you of personal data, as outlined in the section titled “Purposes of processing and lawful basis of processing”, is required for us to accept your application and manage and administer your portfolio, and so that we can comply with the contractual, tax, legal and regulatory requirements referenced above. Where you fail or refuse to provide such personal data, we may not be able to perform the contract we have entered into with you, or we may be prevented from complying with our legal obligations.