Privacy Policy

1. Introduction

Polyvalent Capital Limited has been established in Abu Dhabi Global Market (“ADGM”) with registration number 8255, and is regulated by the ADGM Financial Services Regulatory Authority (“FSRA”) with registration number 220083 for the financial services permission of managing assets, managing a collective investment fund, arranging deals in investments, arranging custody and advising on investments or credit, having its registered office at Unit 6, Floor 6, Al Khatem Tower, Abu Dhabi Global Market Square, Al Maryah Island, Abu Dhabi, United Arab Emirates (the “Company,” “us” or “we”), is strongly committed to privacy issues and wants to be transparent about the data it collects and how data is used. In particular, the personal data which is processed by us is that of natural persons who are our clients, our contractors and/or business affiliates as well as personal data of any other individuals, including but not limited to those who visit our Website (https://www.polyvalent.capital/)  employees, directors, authorised representatives, beneficial owners and/or shareholders of our clients (including the collective investment funds under management and the investors of the relevant funds), our contractors and/or business affiliates, being legal entities (together shall be referred to as “you”).

During the course our Business Relationship (as defined below), we collect and process personal data. We are a data controller in respect of such personal data. This means that we are responsible for determining the purposes and means of the processing of such personal data.

For the purposes of this Privacy Notice, ‘Personal data’ means any information relating to an identified or identifiable natural person; ‘Processing’ means any operation or set of operations which is performed on personal data, whether or not by automated means, such as collection, recording, storage, use, disclosure, erasure or destruction; and ‘Business Relationship means publishing content on this Website and providing you access to the same, and/or other relationship with you including, but not limited to, for the provision of our services to you and the various transactions entered into between us and you from time to time.

Pursuant to the provisions the ADGM Data Protection Regulations 2021 (as amended) (the “DP Regulations”), we are required to notify you of the information contained herein.

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2. Our Principles

When we process your personal data, it is:

(i) Processed lawfully, fairly and in a transparent manner – this means that we provide information to you in respect of the processing of your personal data, that the processing matches the description given to you, and that it is based on at least one of the lawful basis set out in the DP Regulations and Section 5 below;

(ii) Collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes – this means that we specify exactly what personal data is collected, the purpose of use and limit the processing of personal data to only what is necessary to meet the relevant purpose;

(iii) Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed –  this means that we do not process any personal data over and above what is required;

(iv) Accurate and, where necessary, kept up to date; every reasonable step is taken to ensure that personal data that is inaccurate, having regard to the purposes for which they are processed, is erased or rectified without delay – this means that we have in place processes for identifying and addressing out-of-date, incorrect or unnecessary personal data;

(v) Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed – this means that wherever possible, we process personal data in such a way that limits or prevents identification of the data subject; and

(vi) Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.

3. Categories of Personal Data

We process the following categories of personal data:

  • Contact information, such as first name, last name, address (including proof of address
    e.g. utility bill), telephone, fax number, e-mail address, country of residence;
  • Personal characteristics, such as gender, date of birth, country/place of birth, citizenship,
    nationality;
  • Government issued identifiers, such as passport, identification card, tax identification
    number, tax certificate, social insurance number, FATCA/CRS information;
  • Financial information (including but not limited to bank account number/details, data on
    transactions, experience in investments, investment objectives, income, source of wealth
    and source of funds);
  • Functions and powers of relevant authorised representative(s) (where applicable);
  • Education, employment and occupation information, such as CVs, professional
    memberships, job title and responsibilities, professional qualifications, the previous or
    current holding of a prominent public function (for PEPs);
  • Certificate of clear criminal record (where applicable); and
  • Publicly available information (where applicable).

Special Categories of Personal Data (sensitive data)

In certain cases we may collect and process special categories of personal data which is information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, genetic data, biometric data, data concerning health or data concerning sex life or sexual orientation, or data relating to criminal conviction and offenses or related security measures. We shall process such data subject to your documented consent and/or where the processing is necessary for the establishment, exercise or defence of legal claims relevant to us, or for other such reasons as laid out in the DP Regulations.

If, during the course of our Business Relationship there is a change in your personal data, you must ensure that such details (as and where applicable) are updated by contacting us as soon as practically possible. From time to time, we may request from our clients (including the funds under management and the investors of the relevant funds) to confirm the accuracy of personal data. We take every reasonable step to ensure that personal data that is inaccurate, having regard to the purposes, for which it is processed, is erased or rectified without delay.

If we request from you to be provided with certain personal data, we kindly request that such information is provided at your earliest convenience. If you fail to provide us with the personal data requested, we may not be able to perform or be prevented from complying with our obligations under our Business Relationship and/or any agreement entered into and/or exchanged between us and you.

4. Purposes of Processing

We will process your personal data (as and where applicable) for the purposes of (i) meeting our obligations under our Business Relationship and/or any agreement entered into and/or exchanged between us; (ii) operation, management and control of the affairs of our business and its purposes; (iii) general planning and organisation of our business; (iv) maintaining our IT systems, including our human capital, administrative and management systems, processes and policies; (v) maintaining and developing our business relationship with you; (vi) maintaining and developing our business with our clients (vii) the carrying out of surveys and direct marketing (including via our Website); (viii) management, planning and organisation at work; and (ix)complying with any requirement of law and/or regulation (including but not limited to the ADGM Financial Services Regulatory Authority Rulebooks, the Common Reporting Standard (the “CRS”), the Foreign Account Tax Compliance Act(the “FATCA”), the sanctions or restrictive measures of the EU, the UN and the US, as amended from time to time and all other relevant regulations issued from time to time by the ADGM or FSRA).

5. Lawful Basis of Processing

We are committed to your privacy. As part of the values we stand for, we will always consider your fundamental rights as a data subject. We process your personal data for the purposes mentioned above on the lawful basis that (i) the processing is necessary for compliance with a legal obligation to which we are subject (e.g. KYC requirements, reporting requirements under our license issued by the ADGM Registration Authority, FSRA, and complying with, inter alia, the FATCA rules and the CRS rules); (ii) the processing is necessary for the performance of an agreement which you have entered into with us and in order to take steps at your request prior to entering into the said agreement(s); (iii) you have given consent (if and where applicable); (iv) the processing is necessary for the purposes of the legitimate interests pursued by us or by a third party , or other lawful basis as provided for in Article 5 of the DP Regulations.

 Such legitimate interests include, inter-alia, our business and/or commercial interests and the management, operation and marketing of our business and/or our exercise or defence of legal claims and/or the prevention of fraud and money laundering activities and/or to disclose information to other data recipients such as our service providers, auditors and technology providers and/or to comply with obligations or internal policy requirements of our business, and/or to monitor and improve our relationships with you and/or to keep our internal records and/or to monitor communication to/from you using our systems and/or to protect the integrity of our IT systems.

Where we decide to rely on explicit consent to process your personal data, we will contact the relevant data subject to request this accordingly. In case consent is relied solely upon to achieve a lawful basis of processing of your personal data, you will have the right to withdraw this consent at any time and we will notify you of such right at the time of obtaining your consent.

6. Disclosure of Personal Data

We disclose your personal data to the following categories of recipients:

  • other member companies and/or entities of and/or affiliated entities to the group of companies which we belong to;
  • our clients, contractors, business partners and/or other business affiliates;
  • our auditors, administrators, lawyers, tax advisors, valuators, consultants, accountants, investment advisors, credit reference and fraud prevention agencies and other professional advisors (as shall be engaged from time to time);
  • our IT and data reporting service providers and other companies who assist us with the effective operation of our business by providing technological expertise, file storage and record management, logistic services and solutions and other subcontractors;
  • persons acting on behalf of beneficial owners, shareholders and any other stakeholders of our clients, contractors and/or business affiliates, being legal entities, including but not limited to payment recipients, beneficiaries, account nominees, correspondent and agent banks;
  • banks and/or other financial institutions, payment services providers, and insurance companies; and
  • supervisory and other public and regulatory authorities and other competent authorities of which we are a member and/or are licensed under, upon request or where required, for the purposes described above.

When we transfer personal data to countries located outside of the ADGM, we carry out such transfers (i) to a recipient who is in a country which provides an adequate level of protection for personal data or(ii) to a recipient who is in a country which does not provide an adequate level of protection for personal data, under appropriate safeguards pursuant to Article 42 of the DP Regulations (e.g. under an agreement in the form of standard data protection clauses adopted by the European Commission the form of which is available at https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en.)

In some (occasional) cases we may carry out such transfers where (a) we have obtained the explicit consent from you in respect of the proposed transfer, provided that you have been informed of the possible risks of such transfer (due to the absence of an adequacy decision and appropriate safeguards); (b) the transfer is necessary for the performance of a contract entered into between the you and us, (c) the transfer is necessary for the performance of a contract concluded in your interest and entered into between us and a third party, (d) the transfer is necessary for the establishment, exercise or defence of legal claims, or any other specific situation as detailed in Article 44 of the DP Regulations.

7. Your Rights as a Data Subject

  • Right of access – you have the right to request a copy of the information that we hold about you. You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. Such additional information includes, inter alia, details of the purposes of the processing, the categories of personal data concerned and the categories of recipients of the personal data to whom your data has been or will be disclosed, in particular recipients outside of ADGM or International Organisations, where possible, the envisaged period for which the personal data will be stored. The right to obtain a copy of your data shall not adversely affect the rights and freedoms of others.
  • Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete. You have the right to have any inaccurate personal data about you rectified without undue delay     and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
  • Right of erasure – where certain criteria are met you can ask for the data we hold about you to be erased from our records without undue delay. In some circumstances you have the right to obtain the erasure of your personal data without undue delay. Those circumstances include cases where (i) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; (ii) you withdraw consent on which the processing is based solely on consent; (iii) you object to processing which is based on our legitimate interests and there are no overriding legitimate grounds for the processing; (iv) the     processing is for direct marketing purposes; (v) the personal data have been unlawfully processed; and (vi) the personal data have to be erased for compliance with a legal obligation to which we are subject. The above shall not apply where processing is necessary (i) for compliance with a legal obligation which requires processing by a law to which we are subject; (ii) for reasons of public interest; or (iii) for the establishment, exercise or defence of legal claims.
  • Right to restriction of processing – where certain criteria are met you can ask to restrict the processing. In some circumstances you have the right to obtain from us the restriction of processing of your personal data. Those circumstances include cases where (i) you contest the accuracy of the personal data, for a period enabling us to verify the accuracy of the personal data; (ii) processing is unlawful but you oppose erasure and you request the restriction of their use instead; (iii) we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and (iv) and you have objected to processing which is based on our legitimate interests, pending the verification whether our legitimate grounds override those of yours. Where processing has been restricted on the basis of the above, we will continue to store your personal data. However, we will only process it (i) with your consent; or (ii) for the establishment, exercise or defence of legal claims; or (iii) for the protection of the rights of another natural or legal person; or (iv) for reasons of important public interest.
  • Right to object – you have the right to object to certain types of processing. You have the right to object on grounds relating to your particular situation, to the processing of personal data to the extent that such processing was completed for (i) the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or (ii) the purposes of the legitimate interests pursued by us or by a third     party. If you make such a request, we will cease to process the personal data unless we have compelling legitimate grounds for the processing, or the processing is for the establishment, exercise or defence of legal claims.
  • Right of portability – you have the right to have the data we hold about you transferred to another organisation. You have the right to receive personal data which you have provided to us in a structured, commonly used and machine-readable format and the right to transmit those data to another data controller. However, please note that this right to data portability only arises where (a) the processing is based on consent (as and where applicable) or is necessary for the performance of a contract to which you are a party; and (b) the processing is carried out by automated means (as and if applicable). In conforming to such requests, we will not adversely affect the rights and freedoms of others.
  • Right to withdraw consent – where the processing is based on your written consent you have the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its     withdrawal. To the extent that the legal basis for our processing of your personal information is consent (as and where applicable), you have the right to withdraw that consent at any time, such withdrawal will not     affect the lawfulness of processing before the withdrawal.
  • The right to lodge a complaint to the supervisory authority - You have a right to lodge a complaint with the ADGM Commissioner of Data Protection.

8. Retention of personal data

We shall process and store your personal data for as long as you have a Business Relationship with us and for [six years] thereafter unless otherwise requested by a competent authority and/or as required under applicable law. Your personal data may be retained for longer periods for the purposes of our legitimate interests in case of any legal process commencing prior to the completion of the [six-year] period.

9. Security

As part of our privacy policy, we process personal data which is adequate, relevant and limited to what is necessary in relation to the purposes mentioned above. We implement appropriate technical and organizational measures to ensure an adequate level of security appropriate to the applicable risk. Such measures aim to prevent unauthorized or unlawful processing, accidental loss, destruction or damage of personal data and includeinter-alia, pseudonymization and encryption of personal data.

The Company’s employees also protect sensitive or confidential information when storing or transmitting information electronically and must undertake annual training in relation to this.  We also undertake internal and external audits to test our security measures and assess its effectiveness.

10. Our Website

We use a number of cookies on our website [https://www.polyvalent.capital/] for analytics and
for remarketing features, which inter-alia allow us to better track usage of our website and to
reach users who have previously visited our website. In doing so, we may collect and/or process
personal data of visitors to our website, which is adequate, relevant and limited to what is
necessary.

11. Further Information

Further information and/or queries and/or requests regarding the processing of your personal data and any of your rights (where applicable) in respect of your personal data, can be requested by contacting us in writing as follows:

By e-mail: info@polyvalent.capital

By post: office unit 6, Floor 6, Al Khatem Tower, Abu Dhabi Global Market Square, Al Maryah Island, Abu Dhabi, United Arab Emirates

Amendments

This Privacy Notice is kept under regular review and is updated from time to time. We will, where appropriate, notify you about amendments as soon as practically possible.

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