[Note: Every organisation collects and shares personal data in different ways, meaning that this notice will need to be customised to reflect Red Opal’s specific business practices. We have drafted this notice on the basis that Red Opal collects standard information via its website and offline interactions with clients/investors. If Red Opal undertakes or expects to undertake any other processing activities, this notice should be updated to reflect those activities. This notice should be subject to regular review both in terms of new laws/guidance and reviewing the accuracy of the information given. This notice has been drafted to comply principally with the EU GDPR, taking a risk-based approach where current guidance suggests overly onerous obligations.
Many data protection supervisory authorities advocate using layered notices as the most effective way of making individuals aware of how their information will be used. This usually consists of linked notices: a shorter one for a specific instance of collection and a longer one explaining the full policy. The following should therefore be considered:
This Privacy Notice for [Red Opal Capital S.a.r.l.] (“we”, “us”, or “our”) applies to visitors to our website at [jnsert website domain] (the “Site”), [and clients, investors or other contacts who interact with us, or, where such client, investor or other contact is not an individual, their individual directors, officers, employees and/or owners] (“you”, or “your”). This Privacy Notice is intended to provide you with information about how we process your personal data.
By “personal data” we mean information about you which could identify you such as your name and contact details, but this does not include data where you can no longer be identified from it such as anonymised aggregated data.
We will be the “data controller” of personal data processed in connection with this Privacy Notice. This means that we are responsible for deciding how we hold and use personal data about you. We may process your personal data ourselves or through others acting as data processors on our behalf.
We may provide supplemental privacy notices on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why your personal data is being used. These supplemental notices should be read together with this Privacy Notice.
If you provide us with personal data of others, for instance, other representatives of an investor, please provide those persons with a copy of this Privacy Notice.
Should you have any questions about this Privacy Notice you can contact us on the details set forth at the end of this Privacy Notice.
We typically collect information about you when you provide information to us or others acting on our behalf when communicating or transacting with us in writing, electronically, or by phone. For instance, applications, requests for product documentation or other forms of literature, or forms on our Site. In addition, we may receive information about you from third parties and public sources, such as:
Personal data held by us or on our behalf depends on the context of your relationship or interaction with us but may include, but is not necessarily limited to, your name, residential address, place of business, email address, other contact details, corporate contact information, signature, nationality, country of residence, place of birth, date of birth, tax identification, tax jurisdiction, employment and job history, education details, regulatory status, credit history, correspondence records, [call recordings,] passport number, bank account details, certain financial information contained within KYC documents, and source of funds and details relating to your investment activity or preferences.
[We may also automatically collect certain information when you interact with our Site such as information about how you use our Site (including the content you view and features you access, when you access it and the duration of your engagement) and other technical data (such as your IP address, login data for our web portal, browser type and version, internal service provider domain name, time zone setting and location). We collect this information by using cookies and similar technologies. For more information see the “Cookies and Similar Technologies” section below.]
The purposes for which we may collect, store and use personal data about you and the ‘lawful basis’ for processing such data are set out in the table below. The law specifies certain ‘lawful bases’ for which we are allowed to use your personal data.
Purpose | Lawful basis for processing |
To correspond with you. | Our legitimate interests in responding to your enquiry or otherwise communicating with you in the course of our business. |
Where you are a client or investor in an investment product associated with us, to undertake pre-investment steps, including, but not limited to:
| In order to take steps prior to your client or investor contract being entered into, compliance with applicable legal obligations and our legitimate interests in establishing your preferred investment strategies and complying with our legal and regulatory obligations. |
To undertake business development and marketing activities in relation to making suggestions and recommendations to you about products or services that may be of interest to you. This may include direct electronic marketing. | Our legitimate interests in promoting our products and services and growing our business. We only send direct electronic marketing where individuals have consented to this or as otherwise permitted by the law. Individuals can opt-out of receiving such messages at any time by using the opt-out mechanisms that may be available in those messages or by contacting us. |
Where you are a client or investor in an investment product associated with us, to facilitate the opening of your account, the management and administration of your account on an on-going basis as considered necessary or appropriate for the performance of your client or investment contract, including without limitation the processing of subscription, redemption, conversion and transfer requests and the payment of distributions. | The performance of your client or investment contract.
|
To carry out anti-money laundering checks and related actions considered appropriate to meet any legal obligations relating to the prevention of fraud, money laundering, terrorist financing, bribery, corruption, tax evasion and the provision of financial and other services to persons who may be subject to economic or trade sanctions, on an on-going basis, in accordance with our anti-money laundering procedures. | Compliance with applicable legal obligations and our legitimate interests in complying with law and regulation applicable to us and our processors.
|
To report tax related information to tax authorities. | Compliance with applicable legal obligations and our legitimate interests in complying with our legal and regulatory obligations. |
To process and verify instructions, undertake quality and business analysis, comply with applicable laws and regulations, and maintain our rights and responsibilities directly or through third party delegates. [In doing so, we record and monitor calls and other communications.] | Our legitimate interests in maintaining relations with our clients and in conducting our business in a proper manner. Compliance with applicable legal obligations and our legitimate interests in complying with our legal and regulatory obligations. |
To maintain our records and carry out fee calculations.
| The performance of your client or investment contract. Our legitimate interests in maintaining relations with our contacts and in conducting our business in a proper manner. |
To provide client relations in respect of your account including provision of periodic reporting, seeking consents for changes to terms and for other corporate governance purposes. | The performance of your client or investment contract. Compliance with applicable legal obligations and our legitimate interests in complying with our legal and regulatory obligations. |
[To administer and maintain our Site and record, monitor and analyse your use of our Site and whether you open emails we have sent to you.][8] | [Either your consent (for example, when we require your consent for the optional cookies that we use) or our legitimate interests in studying how our Site is used, keeping our Site updated and relevant, and to develop our business and inform our marketing strategy.] |
In addition to the uses above, please note that we may also process your information where required by law to do so or if we reasonably believe that it is necessary to protect our rights and/or to comply with judicial or regulatory proceedings, a court order or other legal process.
[We also collect, use and share aggregated data such as statistical data for any purpose. Aggregated data may be derived from your personal data but is not considered personal data itself as it can no longer identify you. For example, we may aggregate your investment data to calculate the percentage of our investors investing in a specific sector.]
There are more limited bases for processing special category personal data. This is personal data which reveals or contains racial or ethnic origin, political opinions, religious and philosophical beliefs, trade union membership, genetic data, biometric data, health data, sex life and sexual orientation. Similarly, there are fewer bases for processing criminal convictions and offences data.
We do not intend to actively collect any such data about you.[10] Whilst we will use reasonable efforts to limit our holding of such data, please be aware that we may hold such data incidentally. For example, where:
Unless and until you decide to engage in a transaction with or invest in an investment product associated with us, you are not required to provide us with any information. If you do wish to engage in a transaction with or invest in an investment product associated with us, in some circumstances, if you do not provide us with certain information when requested, we may be limited or restricted in our ability to deal with you and may in some cases be prevented from complying with our legal obligations. Where we require your personal information to comply with anti-money laundering or other legal requirements, failure to provide this information means you may not be accepted or retained as a client or investor. We will let you know if any particular data is required when we request it. [Please also note that our Site may automatically collect certain technical data as explained above.]
We will only use your personal data for the purposes for which we collected it (as identified above in the ‘Purpose’ column above), unless we reasonably consider that we need to use it for another reason which is compatible with the original purpose. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Who will we share your information with?
We may share your information with a third party for the purposes described above where this is required by law, where it is necessary to perform our contract with you, where we have another legitimate interest in doing so, or otherwise with your consent.
We may share your personal data with third parties, for example in the context of the possible sale or restructuring of the business. We may also need to share your personal data with a regulator or to otherwise comply with applicable law or judicial process or if we reasonably believe that disclosure is necessary to protect our rights and/or to comply with judicial or regulatory proceedings, a court order or other legal process.
We may transfer the personal data we collect about you to countries outside of the EEA including Vietnam, [insert other relevant countries], where the parties listed above are based for the purposes outlined in the table above. Those countries do not have the same standard of data protection laws as the EEA.
Where this is the case and where required, we will (or we will require a processor to) put in place appropriate safeguards such as approved standard contractual clauses. If you require further information about this you can contact us.
We and service providers or partners we engage may use cookies, web beacons, tracking pixels and other similar technologies to understand usage of and improve our Site. Cookies are bits of text that are placed on your computer’s hard drive. Some of these technologies that we use are “strictly necessary” or “required” for the Site to function. We also use analytics tools, such as to help us measure traffic and usage trends for our Site. Such analytics tools may provide data, such as information about your engagement with our Site which may be used to provide content, analysis or functionality or to measure and analyse engagement.
Our Site may use Google Analytics, a web analytics service offered by Google. You may learn more about Google’s practices with Google Analytics by visiting Google’s privacy policy at http://www.google.com/policies/privacy/partners.
Your Choices.
For more information about the cookies we use and for instructions on how to manage your cookie preferences and choices you may have, please see our Cookie Policy.
You can also generally manage your cookie preferences through your web browser. Most web browsers will tell you how to stop accepting new cookies and how to disable existing cookies. For more information regarding how to manage your preferences, please consult the information made available by your particular browser or visit www.allaboutcookies.org.
With respect to Google Analytics, you can also view Google’s currently available opt-out options at https://tools.google.com/dlpage/gaoptout. Please note that if you choose not to accept cookies, you may miss out on certain features of our Site.]
We will retain your personal data for as long as necessary to fulfil the purposes for which it was collected, including for the purposes of satisfying any legal, regulatory, accounting or reporting requirements and our legitimate interests in maintaining such personal information in our records. This will normally include any period during which we are dealing or expect to deal with you and what we consider to be a suitable period thereafter for our internal record-keeping purposes. In doing this we will have regard to the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. Generally, we will keep information relevant to our dealings with you for [7][14] years following full redemption or the last date of activity or longer as required by applicable law or regulation.
In some circumstances we may anonymise your personal data so that it can no longer be associated with you, in which case it is no longer personal data and we will use such information for any purpose without further notice to you. Otherwise, once we no longer require your personal data for the purposes for which it was collected, we will securely destroy your personal data in accordance with applicable laws and regulations.
It is important that the personal data we hold about you is accurate and current. Please let us know if your personal data which we hold changes during your relationship with us.
You have rights as an individual which you may be entitled to exercise in relation to the personal data we hold about you under certain circumstances and subject to certain exemptions and conditions under applicable law. These rights are to:
In exercising your rights above, you may be required to redeem or withdraw from your investment product where applicable.
If you want to exercise one of these rights please contact us. We will do our best to accommodate your request or objection but please note that not all rights are absolute.
You also have the right to make a complaint at any time to a supervisory authority for data protection issues.
Fees
You will not usually have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is manifestly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal data is not disclosed to any person who has no right to receive it.
In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal data for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact us. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose(s) to which you originally consented unless we now have an alternative legal basis for doing so.
We reserve the right to update this Privacy Notice at any time, and will make an updated copy of such Privacy Notice available to you and notify you when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal data.
This Privacy Notice was written with brevity and clarity in mind and is not an exhaustive account of all aspects of our collection and use of personal data. If you require any further information, please do not hesitate to contact us on [insert contact details including an email address].
This Privacy Notice was last updated on [insert date of posting].
[1] Note: please confirm details of entity offering/controlling the website. We have assumed that it is Red Opal Capital S.a.r.l. as typically websites are provided by the manager and include information about the fund/investment products managed by or associated with the manager. However, please let us know if the website is being provided by the fund instead and we can adapt this notice.
[2] Note: please confirm scope of notice, i.e., is this notice just for the website and Red Opal has other privacy notices for interactions with clients/investors, or should this notice cover both.
[3] Note: Red Opal to confirm sources of data.
[4] Note: Red Opal to confirm if you record calls.
[5] Note: Red Opal to confirm if such collection occurs and amend details of the data collected as appropriate.
[6] Note: Red Opal to confirm if any changes required.
[7] Note: Red Opal to confirm.
[8] Note: Red Opal to confirm if this occurs.
[9] Note: Red Opal to confirm.
[10] Note: Red Opal to confirm.
[11] Note: Red Opal to adapt list as needed.
[12] Note: Red Opal to provide country details. This includes countries where cloud storage providers host data, for example, AWS hosted in the US.
[13] Note: Red Opal to confirm details of cookies and similar technologies used and cookie policy/consent management tool.
[14] Note: Red Opal to confirm.