OLD PEAK GROUP
Last updated 24 May 2018
Old Peak Group Ltd. ("OPG") is dedicated to protecting the confidentiality and privacy of information entrusted to it. As part of this fundamental obligation, OPG is committed to the appropriate protection and use of personal information (sometimes referred to as "personal data", "personally identifiable information" or "PII") that has been collected online or through online or electronic communications.
Generally, our intent is to collect only the personal information that is provided by business counterparties or voluntarily by individuals so that we can offer information and/or services to those businesses and individuals or offer information about employment opportunities. Please review this privacy statement ("Privacy Statement") to learn more about how we collect, use, and share and protect the personal information that we have obtained.
1. Collection and use of personal information
1.1 What information we collect
We receive personal information about you such as your name and contact details when, for example, you contact our mailboxes, register for certain services or express an interest in investing in an OPG managed or sponsored fund or separately managed account. In some cases, you may have previously provided your personal information to OPG (if, for example, you provided an OPG professional with a business card and asked to be contacted). We may also collect personal information from publicly available sources as permissible by law.
By registering and/or submitting personal information to OPG, you are also acknowledging that OPG may use this information in accordance with this Privacy Statement. Your personal information is not used for other purposes, unless we obtain your permission, or unless otherwise required by law.
1.2 The legal grounds we have to use your personal information
OPG generally collects only the personal information necessary to fulfill your request to be contacted by and develop an investment, employment or other relationship with OPG.
Applicable law allows us to process personal information, so long as we have a ground under the law to do so. It also requires us to tell you what those grounds are. As a result,when we process your personal information, we will rely on one of the following processing conditions:
- Performance of a contract: this is when the processing of your personal information is necessary in order to perform our obligations under a contract such as your or an employer's desire to invest in (or actual investment in) an OPG managed or sponsored fund or separately managed account;
- Legal obligation: this is when we are required to process your personal information in order to comply with a legal obligation, such as keeping records for tax purposes or providing information to a public body or law enforcement agency; or
- Legitimate interests: we may process information about you where it is in our legitimate interest in running a lawful business to do so in order to further that business, so long as it doesn’t outweigh your interests; or
- Your consent: we may occasionally ask you for specific permission to process some of your personal information, and we will only process your personal information in this way if you agree to us doing so. You may withdraw your consent at any time by contacting OPG at firstname.lastname@example.org.
1.3 Sensitive Data
OPG instructs a third party (our fund administrator) to collect "sensitive" personal information only for KYC purposes when required by law and standards of industry best practice.
Sensitive Data, sometimes referred to as 'Special Cateogories of Data', includes:
- racial or ethnic origin;
- political opinions;
- religious or philosophical beliefs;
- trade union membership;
- data concerning health or sex life and sexual orientation;
- genetic data; and
- biometric data
Do not provide sensitive information to OPG, unless you thereby consent to OPG's processing of that data including transfer and storage of such information to and in OPG databases.
If you have any questions about whether the provision of sensitive information to OPG is, or may be, necessary or appropriate for particular purposes, please contact OPG at email@example.com
1.4 Automatic collection of personal information
OPG understands the importance of protecting children's privacy, especially in an online environment. In particular, our sites are not intentionally designed for or directed at children under the age of 13. It is our policy never to knowingly collect or maintain information about anyone under the age of 13, except as part of an engagement to provide professional services.
2. Sharing and transfer of personal information
We do not share personal information with third parties, except as necessary for our legitimate professional and business needs, to carry out your requests, and/or as required or permitted by law or professional standards. Third parties we may share your data with include:
- Our affiliates: OPG has affiliated entities in Hong Kong, the Cayman Islands and British Virgin Islands which all maintain the same strict standards of data protection as OPG.
- Our service providers: OPG only works with reputable partners, service providers and agencies. OPG will only transfer personal information to them when it is necessary to provide our services and when they agree through contractual clauses to meet our strict standards on the processing of data and security. They will only process your data within the limited scope provided to them by OPG.
- Courts, tribunals, law enforcement or regulatory bodies: OPG may disclose personal information in order to respond to requests of courts, tribunals, government or law enforcement agencies or where it is necessary or prudent to comply with applicable laws, court or tribunal orders or rules, or government regulations.
- Audits: disclosures of personal information may also be needed for data privacy or security audits and/or to investigate or respond to a complaint or security threat.
In addition, OPG may transfer certain personal information outside of the EEA to such companies working with us or on our behalf for the purposes described in this Privacy Statement under suitable contractual clauses. OPG may store personal information on our backup server located in Hong Kong. Your personal information will continue to be protected by means of contractual obligations we have in place with our storage site provider. Backup storage allows us to protect your data from accidental loss and is in line with best practice procedures for financial institutions. Refer to section 5. Data Security and Integrity for further details.
OPG will not transfer the personal information you provide to any third parties for their own direct marketing use.
In general, you are not required to submit any personal information to OPG, but we may require you to provide certain personal information in order for you to receive certain services. OPG will ask for your permission before using your personal information for any additional purpose not outlined in this Privacy Statement, and you can agree to or decline those uses. If you opt-in for particular services or communications, such as an e-newsletter or other market or performance commentary, you will be able to unsubscribe at any time by following the instructions included in each communication. If you decide to unsubscribe from a service or communication, we will try to remove your information promptly, although we may require additional information before we can process your request.
4. Your rights
If you have submitted personal information to OPG, you have the following rights:
- Access and correction: you have the right to access to that data. This is sometimes called a 'Subject Access Request'. If your request is not excessive we will provide his information to you free of charge. Before providing personal information to you, we will ask for proof of identity and sufficient information about your interactions with us that we can verify your identity. If the information we hold about you is incorrect, you may ask us to correct any inaccuracies in the personal information.
- Object to processing: you have the right to object to us processing your personal information, place restrictions on the processing or request erasure of your personal information in certain circumstance so long as it does not compromise OPG's legal and/or regulatory obligations. Such requests, if fulfilled, may limit the services we can provide to you.
You can make a request or exercise these rights by contacting OPG at firstname.lastname@example.org and we will make all reasonable and practical efforts to comply with your request, so long as it is consistent with applicable law and professional standards.
5. Data security and integrity
OPG has reasonable security policies and procedures in place to protect personal information from unauthorized loss, misuse, alteration, or destruction. Despite OPG's best efforts, however, security cannot be absolutely guaranteed against all threats. To the best of our ability, access to your personal information is limited to those who have a need to know. Those individuals who have access to the data are required to maintain the confidentiality of such information.
Data is securely backed up on servers owned by OPG at a co-located site serviced by Iron Mountain Hong Kong Limited. This is to protect your data from accidental loss and to ensure the continuity of our services in an incident or disaster recovery scenario.
6. Data Retention
We make reasonable efforts to retain personal information only for as long as the information is necessary to comply with an individual's request, meet our legal obligaitons or until that person asks that the information be deleted and, in any case, no longer than 7 years.
7. Changes to this Statement
OPG may modify this Privacy Statement from time to time to reflect current privacy practices. When we make changes to this Statement, we will revise the "updated" date at the top of this page. We encourage you to periodically review this Privacy Statement, which will be made available on our website, www.oldpeakgroup.com, to be informed about how OPG is protecting your information.
8. Policy questions and enforcement
OPG is committed to protecting the online privacy of your personal information. If you have questions or comments about our administration of your personal information, please contact us at email@example.com. You may also use this address to communicate any concerns you may have regarding compliance with our Privacy Statement.
We will acknowledge your email within 14 days and seek to resolve your concern within 1 month of receipt. We may accept your concern (and in that case implement one of the measures set out in the 'Your Rights' section above), or we may reject your concern, the reasons for which will be fully outlined in our communication with you.
If you are not satisfied with the response you receive, you have the right to escalate a complaint to your National Supervisory Authority which you can find here: http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm
"OPG," "we," "our," and "us" refers to Old Peak Group Ltd., a British Virgin Islands company, Old Peak Ltd., a Hong Kong company, and certain other affiliated firms.