This Privacy Notice explains the types of personal data that India Capital Growth Fund Limited (the “Company“, “we“, “us” or “our“) may collect about individuals. It also explains how we will store, process and disclose that data and keep it safe when acting as a controller of personal data.
Important information on protection of personal data
This privacy policy explains how we collect and process personal data. This includes data supplied by shareholders and potential investors in connection with holdings and/or investing in the Company including through use of this website.
In addition, it outlines data protection rights under the Data Protection (Bailiwick of Guernsey) Law, 2017 as amended (“GDPL”) and, to the extent applicable, EU data protection regime introduced by the General Data Protection Regulation (the “GDPR“).
Please contact the Company Secretary (details provided at the end of this notice) if you have any queries in relation to the processing of your personal data under this policy.
Categories of data subjects
Shareholders
The kind of information we may collect and hold
We may hold personal data about shareholders in the Company which is provided to us by shareholders and potential shareholders when submitting application forms, telephone calls and/or corresponding with us by letter or email or which is provided to us by third parties acting on shareholders’ behalf. We may also process personal data about individuals that are connected with shareholders (for example directors, trustees, representatives, beneficiaries, beneficial owners or agents).
We may collect and use the following categories of personal information about shareholders and potential shareholders: contact details (including name, title, address, telephone number, email addresses), date of birth, bank account details and details relating to investment activity.
How we may use the information
Personal data may be processed by the Company or its affiliates, for the following purposes:
| Purpose of processing | Legal basis of processing |
|---|---|
| to provide information to shareholders in the Company, about the Company | Legitimate interests of the Company to keep stakeholders informed as to Company performance;
Necessary for the conclusion or performance of the subscription with the shareholder; If applicable, in order to comply with any legal or regulatory requirement on the Company |
| to allow us to administer and manage shareholdings in the Company; | necessary for us to comply with applicable laws;
legitimate interests of the Company to manage its affairs. |
| to update and maintain records for the Company, including maintaining statutory registers, | necessary to comply with the Company’s legal obligations;
legitimate interests of the Company to manage its affairs. |
| to carry out anti-money laundering checks and other actions in an attempt to detect and prevent, fraud and crime | necessary to comply with the Company’s legal obligations;
legitimate interests of the Company to comply with legal/regulatory requirements. |
| to prepare tax related information in order to report to tax authorities in compliance with a legal obligation to which the Company is subject | necessary to comply with the Company’s legal obligations;
legitimate interests of the Company to comply with legal/regulatory requirements. |
| such other actions as are necessary to manage the activities and/or to comply with the legal obligations of the Company | necessary to comply with the Company’s legal obligations;
legitimate interests of the Company to manage its affairs. |
Visitors to our website
The following section of this policy sets out how the Company may process personal data about visitors to its website.
The kind of information that we may collect and hold
We may collect and use different kinds of personal data about visitors to the Company’s website e.g. name, date of birth, address, email address, telephone number. We do not collect any sensitive personal data or special categories of personal data through the website. We may collect data from and about visitors when they register an interest in receiving information from us, or when responding to an invitation on the website inviting visitors to register their interest in attending an event, or receiving future communications.
How we may use the information
Personal data may be processed by the Company or its affiliates:
| Purpose of processing | Legal basis of processing |
|---|---|
| to send updates on the performance of the Company, newsletters, invitations to events and other electronic marketing communications | necessary to comply with the Company’s legal obligations;
legitimate interests of the Company to comply with legal/regulatory requirements. |
| to comply with legal or regulatory requirements; | necessary to comply with the Company’s legal obligations;
legitimate interests of the Company to comply with legal/regulatory requirements |
| such other actions as are necessary to manage the activities of the Company | necessary to comply with the Company’s legal obligations;
legitimate interests of the Company to comply with legal/regulatory requirements |
| to enforce or defend the rights and interests of the Company | necessary to comply with the Company’s legal obligations;
legitimate interests of the Company to comply with legal/regulatory requirements |
Whether you are a shareholder or a visitor to our website, we do not make decisions about you based on automated processing of your personal data.
Disclosures of personal data
We may disclose personal data to the board of the Company and to third parties who are providing services to us, including without limitation, Ocean Dial Asset Management Limited, (the Investment Manager ), Neville Registrars (the Registrar) and Apex Fund Services (Guernsey) Limited (the Administrator).
Data retention
We will only retain personal data for as long as necessary to fulfil the purposes that we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
International transfers
We do not, as a matter of course, transfer personal data outside the Bailiwick of Guernsey or the European Economic Area (EEA).
Data security
The Company has put in place measures to ensure the security of the personal data it collects and stores. We take all reasonable measures to protect personal data from unauthorised disclosure and/or access, including through the use of network and database security measures. We have put in place appropriate security measures to prevent personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to personal data to those agents, contractors and other third parties who have a business need to know. They will only process personal data on our instructions and they are subject to a duty of confidentiality.
Data subject legal rights
In certain circumstances, by law data subjects have the right to:
- Request access to their personal information (commonly known as a “data subject access request”). This enables data subjects to receive a copy of the personal information that we hold about them;
- Restrict the processing of personal data. In certain circumstances, a data subject may request that we do not process personal data;
- object to the processing of personal data for certain purposes;
- Request correction of the personal information that we hold about them. This enables data subjects to have any incomplete or inaccurate information that we hold about them corrected;
- Request erasure of personal information. This enables data subjects to ask us to delete or remove personal information where there is no good reason for us continuing to process it.
- Withdraw consent. If we are processing personal data on the basis of consent, the data subject has the right to withdraw such consent at any time. Withdrawing consent will not affect the lawfulness of processing of data based on consent before its withdrawal.
If you wish to exercise any of the rights set out above, please contact the Company Secretary at:
Apex Fund and Corporate Services (Guernsey) Limited
1 Royal Plaza
Royal Avenue
St Peter Port
Guernsey
GY1 2HL
Office: 01481 735827
http://www.apexgroup.com
Data subjects will not have to pay a fee to access their personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if a request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with a request in these circumstances.Data subjects have the right to make a complaint at any time to the Guernsey Data Protection Authority, or if you are an EU citizen, a supervisory authority in the EU member state of your usual residence or place or work or of the place of the alleged breach, if you consider that the processing of your personal data carried out by or on behalf of the Company has breached data protection laws.
Changes to this Privacy Policy
We may update this privacy policy from time to time, and will communicate updates through our website. We may also notify data subjects from time to time about the processing of their data.
Last updated: January 2020