Privacy Notices — Quantos Capital

Data Protection Privacy Notice - Quantos Global Fund Ltd. (the Fund)

The Fund is incorporated in the British Virgin Islands and its registered office is at Craigmuir Chambers, PO Box 71, Road Town Tortola VG1110, British Virgin Islands.

The Fund is a data controller in respect of your personal data for the purposes of the Virgin Islands Data Protection Act, 2021 (the Act). The Fund is responsible for ensuring that it uses your personal data in compliance with the Act.

NAV Fund Administration Group, the Fund’s administrator (the Administrator) and Quantos Capital Pte. Ltd., the Fund’s investment manager (the Investment Manager) will each generally process personal data provided to it in connection with an investment in the Fund in accordance with the Fund’s instructions, and the Fund will generally act as the data controller of any such personal data.

This privacy notice applies to you if are a natural person and (i) you are an applicant for shares in the Fund, (ii) your personal data has been provided to the Fund in connection with an application for shares in the Fund by another person (such as where you are a director, partner, trustee, employee, agent or direct or indirect owner of an applicant) or (iii) the Fund otherwise uses your personal data. This privacy notice sets out the basis on which personal data about you will be processed by the Fund. Please take the time to read and understand this privacy notice.

Source of personal data

Each Fund collects personal information about its investors predominantly through the following sources:

(a) subscription forms and other information provided by the investor in writing, in person, by telephone, electronically or by any other means; and

(b) transactions within the Fund, including investments and redemptions.

Uses of your personal data

Your personal data may be stored and processed by the Fund for the following purposes:

(a) Assessing and processing applications for shares in the Fund and other share dealings, including performing know-your-client procedures, issuing and redeeming shares, receiving payments from and making payments to the applicant, calculating net asset value, and overseeing these processes.

(b) General business administration, including communicating with investors, communicating with service providers and counterparties, accountancy and audit services, risk monitoring, the administration of IT systems and monitoring and improving products.

(c) Compliance with legal and regulatory obligations and industry standards, including know-your-client procedures, the automatic exchange of tax information and legal judgments.

(d) In respect of information shared with Investment Manager and its affiliates, their business activities relating to the Fund, such as investor relations, discussions with the Fund’s service providers and counterparties, decision-making in relation to the Fund, and business strategy, development and marketing.

The Fund is entitled to process your personal data in these ways for the following reasons:

(a) You have given your express consent.

(b) If you are the applicant, you may enter into an investment contract with the Fund and some processing will be necessary for the performance of that contract, or will be done at your request prior to entering into that contract.

(c) Processing may be necessary to discharge a relevant legal or regulatory obligation to which you are the subject (other than an obligation imposed by a contract).

(d) Processing may be necessary to protect your vital interests.

(e) Processing may be necessary for the administration of justice.

(f) Processing may be necessary for the exercise of any functions conferred on a person by or under any law.

(g) The personal data will, in all cases:

(i) be processed for a lawful purpose directly related to an activity of the Fund;

(ii) be necessary for, or directly related to, the purpose referred to at limb (i) above; and

(iii) be adequate but not excessive in relation to the purpose referred to at limb (i) above.

(h) In respect of any processing of sensitive personal data falling within special categories, such as any personal data relating to the political opinions of a politically exposed person, the processing will be subject to additional safeguards.

Personal data that the Fund might use

The Fund might process the following personal data about you:

(a) Information provided to the Fund by you or (if different) the applicant which might include your name and address (including proofs of name and address), contact details, date of birth, gender, nationality, photograph, signature, occupational history, job title, income, assets, other financial information, bank details, investment history, tax residency and tax identification information. Such information might be provided in an application form or in other documents (as part of an application process or at other times), face-to-face, by telephone, by email or otherwise.

(b) Information that the Fund collects or generates which might include information relating to your (or an applicant’s) investment in the Fund, emails (and related data), call recordings and website usage data and messages submitted through the Administrator’s website.

(c) Information that the Fund obtains from other sources which might include information obtained for the purpose of the Fund’s know-your-client procedures (which include anti-money laundering procedures, counter-terrorist financing procedures, politically-exposed-person checks, sanctions checks, among other things), information from public websites and other public sources and information received from the applicant’s advisers or from intermediaries.

Disclosure of your personal data to third parties

The Fund may from time to time, in accordance with the purposes described above, disclose your personal data to other parties, including the Investment Manager and its affiliates, the Administrator and its affiliates, professional advisers such as law firms and accountancy firms, other service providers of the Fund, the Investment Manager and the Administrator, including technology service providers, counterparties and courts and regulatory, tax and governmental authorities. Some of these persons will process your personal data in accordance with the Fund’s instructions and others will themselves be responsible for their use of your personal data. These persons may be permitted to further disclose the personal data to other parties.

Where these third parties process your personal data on our behalf we shall ensure that such third parties have appropriate data protection measures in place.

Transfers of your personal data outside the British Virgin Islands

Your personal data may be transferred to and stored by persons outside the British Virgin Islands, and in particular may be transferred to and stored by affiliates or service providers of the Fund, the Investment Manager or the Administrator outside the British Virgin Islands.

Where personal data is transferred outside the British Virgin Islands, the Fund will ensure that there is proof of adequate data protection safeguards. You can obtain more details of the protection given to your personal data when it is transferred outside the British Virgin Islands, including a copy of any standard data protection clauses entered into with recipients of your personal data, by contacting the Fund using the details set out under “Contacting the Fund” below.

Necessity of personal data for an investment in the Fund

The provision of certain personal data is necessary for shares in the Fund to be issued to any applicant (including a corporate entity to which you are connected) and for compliance by the Fund and its service providers with certain legal and regulatory obligations. Accordingly, the provision of certain personal data is obligatory and, if such personal data is not provided when requested, an application for shares might not be accepted or shares might be compulsorily redeemed.

Retention of personal data

How long the Fund holds your personal data for will vary. The retention period will be determined by various criteria, including the purposes for which the Fund is using it (as it will need to be kept for as long as is necessary for any of those purposes) and legal obligations (as laws or regulations may set a minimum period for which the Fund has to keep your personal data).

Your rights

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

(a) The right to obtain information regarding the processing of your personal data and request access to the personal data that the Fund holds about you.

(b) The right to request that the Fund rectifies your personal data if it is incomplete, incorrect, misleading, or excessive.

(d) The right to lodge a complaint with the BVI Information Commissioner if you think that any of your rights have been infringed by the Fund.

You can exercise your rights by contacting the Fund using the details set out under “Contacting the Fund” below. You can also find out more information about your rights under applicable British Virgin Islands data protection law by contacting the Office of the Information Commissioner. Please note that, as of September 2021, an Information Commissioner has not yet been appointed

Contacting the Fund

If you would like further information on the collection, use, disclosure, transfer or processing of your personal data or the exercise of any of the rights listed above, please address questions and requests to investors@quantos.capital.

Singapore Privacy Statement

Your privacy is important to us. The purpose of this privacy statement (the Data Protection Policy) is to inform you of how the Fund and the Investment Manager (collectively, the Fund Parties) manages the confidential information we hold. Please take a moment to read this Data Protection Policy so that you know and understand the purposes for which we collect, use and disclose your confidential information.

By executing the Subscription Agreement, interacting with us, submitting information to us, or entering into an agreement with each of the Fund Parties to provide you any products or services, you agree and consent to each of the Fund Parties collecting, using, disclosing and sharing amongst themselves your Confidential Information, and disclosing such Confidential Information to each of the Fund Parties’ authorized service providers and relevant third parties in the manner set forth in this Data Protection Policy.

This Data Protection Policy supplements but does not supersede nor replace any other consent you may have previously provided to the Fund Parties nor does it affect any rights we may have at law in connection with the collection, use or disclosure of your Confidential Information.

Each of the Fund Parties may from time to time update this Data Protection Policy to ensure that this Data Protection Policy is consistent with our future developments, industry trends and/or any changes in legal or regulatory requirements. Subject to your rights at law, you agree to be bound by the prevailing terms of the Data Protection Policy as updated from time to time.

1. Definitions

In this Data Protection Policy, unless the context otherwise requires, the following terms shall have the meanings assigned to them below:

Confidential Information refers to all information relating to: (i) you or your related parties (including without limitation, your connected persons, authorized persons and beneficial owners); (ii) your investments in the Fund (including any subscription, redemption, holding or dealing in/with the Fund); (iii) your dealings with the Fund, the Investment Manager and/or the Administrator (including any of their principals, members, managers, officers, directors, shareholders, employees and agents); (iv) any other information of a confidential nature; and (v) any personal data as defined in the PDPA belonging to you or any related parties (including without limitation, your connected persons, authorized persons and beneficial owners) (the Personal Data).

PDPA means the Personal Data Protection Act 2012 (2020 Revised Edition) of Singapore, as amended from time to time.

2. Collection of Confidential Information

Generally, we collect and process Confidential Information about you through a variety of channels, including in your subscription documentation, as well as through ongoing communications by mail, email or telephone:

(a) information that you provide to us or one of our affiliates. This includes information about you that you give to us by filling in forms or by communicating with us, whether face-to-face, by phone, e-mail or otherwise (which may be monitored or recorded). This information may include (but is not limited to):

your (or your officers’, directors’, partners’, members’ or employees’) name, address, social security number or company registration number, birth date or incorporation date, assets, financials, income and investment experience of you and/or your representatives;
your (or your officers’, directors’, partners’, members’ or employees’) bank account details, source of wealth information, accounts and bank statements;
tax information;
information relating to your subscription or proof of your eligibility to purchase interests in the Fund; and
copies of your (or your officers’, directors’, partners’, members’ or employees’) passport and other documentation required for identity or address verification purposes.

(b) information we collect or generate about you. This may include (but is not limited to) information that we collect about you and/or your representatives in the course of performing services for you, such as information about client or investor transactions (e.g., account activity and balances); and

(c) information we obtain from other third party or publicly available sources. This may include (but is not limited to) where the Fund receives personal data through a publicly available source such as a website or publicly-available registry, information from our affiliates and our service providers, where you have provided (or your delegate or agent has provided on your behalf) such information to them, and information from other sources such as credit reporting agencies.

3. Purposes for the Collection, Use and Disclosure of Your Confidential Information

(a) Generally, each of the Fund Parties collects, uses, processes and discloses your Confidential Information for complying with any applicable rules, laws and regulations, codes of practice or guidelines or to assist in law enforcement and investigations by relevant authorities.

(b) You should ensure that all Confidential Information submitted to us is complete, accurate, true and correct. Failure on your part to do so may result in delays in the processing of your application, or our inability to process your application.

(c) If you do not provide the information requested, it will not be possible to accept your subscription application. The Fund Parties will not be able to accept your subscription to the Fund without processing your personal information for the purposes identified herein.

(d) In addition, to the extent applicable, each of the Fund Parties also collects, uses, processes and discloses your Confidential Information for the following purposes:

(A) evaluating and assessing your application or redemption requests;

(B) administering, operating, processing or managing the Shares, the Fund, your subscription and investment in the Fund or redemption from the Fund;

(C) verifying the identity(ies) of you as an investor or your related parties or persons acting on behalf of you (including without limitation, your connected persons, authorized persons and beneficial owners) for the purpose of anti-money laundering checks, anti-tax evasion and/or anti-terrorism checks and conducting screening against applicable sanctions, politically exposed persons and other relevant database;

(D) preventing, detecting and investigating crime, offence or unlawful activity including but not limited to fraud, money-laundering, terrorist financing and bribery, and analysing and managing commercial risks;

(E) completing information on and maintaining the Register of Shareholders of the Fund or any other records or books;

(F) carrying out your instructions or responding to any enquiry purporting to be given by you or on your behalf, or other client servicing purposes;

(G) dealing in any other matters relating to your holding of Shares (including the mailing of reports or notices) or any other interest in the Fund;

(H) implementing, operating, managing and/or administering the Fund and any related investments on an ongoing basis;

(I) forming part of the records of the business carried on by you;

(J) providing a marketing database for product and market research or to provide information for the dispatch of information on other products or services to us from the Investment Manager or any connected persons of the Investment Manager;

(K) complying with any applicable treaty or agreement with or between Singapore and a foreign jurisdiction;

(L) fulfilling a judgement or order of court or of any other tribunal within Singapore and in an applicable foreign jurisdiction;

(M) observing and complying with any other legal, governmental or regulatory requirements, rules, laws or regulations, regulatory policies, guidelines or industry codes, orders, directions or requests issued by any court, legal or regulatory bodies of any relevant jurisdiction (whether in Singapore or otherwise), including any disclosure or notification requirements to which any recipient of the data is subject or relating to anti-money laundering and countering the financing of terrorism and the carrying out of audit checks, surveillance and investigation;

(N) providing services to the Fund, including without limitation, client-related services, including providing customer support, responding to queries or feedback given by the investors or persons acting on behalf of the investors, and generating, communicating with and disseminating notices, reports, correspondence, statements, invoices, confirmations and advices to investors or persons acting on behalf of investors;

(O) reviewing and approving the investors’ account(s), and the conduct of initial and anticipatory credit checks and assessments, relevant checks, ongoing assessment and verification of ongoing credit worthiness and standing;

(P) legal claims, actions or proceedings including but not limited to drafting and reviewing documents, obtaining legal advice and facilitating dispute resolution or exercising or enforcing the rights of a Permitted Person under contract or pursuant to applicable laws and regulations;

(Q) meeting or complying with the Permitted Person’s internal policies and procedures;

(R) handling feedback, queries or complaints;

(S) maintaining the security of the Permitted Person’s premises including but not limited to the use of forms of surveillance such as security cameras;

(T) facilitating any proposed or actual business assignment, transfer, participation or sub-participation in any of the Permitted Person’s rights or obligations in respect of our relationship with the Permitted Person;

(U) all purposes reasonably related to one or more of the foregoing; and

(V) conducting general administration in relation to the foregoing.

The Investment Manager may also use your information in order to provide you with information of investments or products you may be interested in. If you object to being contacted in respect of prospective products, please inform the Investment Manager at investors@quantos.capital.

(e) Your Confidential Information will generally be disclosed to the following persons:

(A) each of the Fund, the Investment Manager and the Administrator;

(B) each of the respective employees, officers, directors, agents, advisers of the persons listed in sub-paragraph (A) or representatives responsible for matters relating to the Fund or any other person or entity approved in writing by the Investment Manager (collectively, the Authorized Representatives and each, an Authorized Representative);

(C) each of the respective subsidiaries, holding companies, related corporations (as defined under Section 6 of the Companies Act 1967 (2020 Revised Edition) of Singapore) and other affiliates of the persons listed in sub-paragraph (A);

(D) each of the respective delegates, service provider or third parties of the persons listed in sub-paragraph (A) engaged to provide services, directly or indirectly, to the persons listed in sub-paragraph (A) or to the Fund (including but not limited to any auditors, prime brokers, brokers, banks, custodians, sub-custodians or other institutions);

(E) third parties where deemed necessary by the Fund, Investment Manager and/or the Administrator, which may include regulatory authorities, tax authorities, and any advisers to the Fund;

(F) each of the respective auditors, professional advisers and/or service providers (including without limitation, those providing audit, compliance or fund administration services) of the persons listed in sub-paragraph (A); or

(G) any person to whom the Fund, the Investment Manager and/or the Administrator assigns, transfers or delegates its rights or obligations to,

(collectively, the Permitted Persons and each, a Permitted Person).

4. Security Measures

Each of the Fund Parties protects your Confidential Information by making reasonable arrangements (including, where appropriate, physical, administrative, procedural and information & communications technology measures) to prevent (a) unauthorized or accidental access, collection, use, processing, disclosure, copying, modification, disposal or destruction of Confidential Information, or other similar risks, and (b) the loss of any storage medium or device on which personal data is stored.

Each of the Fund Parties only permits authorized personnel to access your Confidential Information on a need to know basis.

5. Transfers of your personal information outside Singapore

The Fund may transfer certain of your personal information to non-Singapore affiliates and third party service providers located in countries outside of Singapore, including to the advisers as described above.
Where your personal information is transferred outside of Singapore by the Fund, the Fund will, where possible, take appropriate steps to ensure it is adequately protected in compliance with the requirements of the PDPA or such other applicable data protection laws and regulations.

6. Retention of Confidential Information

Each of the Fund Parties does not retain Confidential Information for a period of time longer than is necessary. Upon a written request, Confidential Information will be returned, and all physical, electronic copies deleted, and, after returning or deleting all data provide confirmation that it no longer possess any Confidential Information, save to the extent that we are required to retain any such information by an applicable law, rule or regulation. Where applicable, each of the Fund Parties will also instruct third parties to whom it has disclosed Confidential Information to return or delete such Confidential Information.

7. Notification of Breach

Each of the Fund Parties will immediately notify you when it becomes aware of a breach of any of its obligations, except where such disclosure is made to any governmental, banking, taxation or other regulatory authority or similar body.

Getting In Touch

Should you have any queries or wish to discuss your data protection rights with us, please contact investors@quantos.capital.