This Privacy Notice sets out how personal data is collected, processed and disclosed in connection with VinaCapital Vietnam Opportunity Fund Limited (the “Fund“) and is issued by the Fund.
We take privacy and security of your information seriously and will only use such personal information as set out in this Privacy Notice.
As a result of your investment (or an investment made by a person, firm or entity with which you have a connection) in the Fund, your personal information may be provided to the Fund acting as a data controller itself, or through a third party, such as the Registrar or Northern Trust International Fund Administration Services (Guernsey) Limited (the “Administrator“). The Fund or the Administrator or the Registrar (together referred to as the “Processors”) may process your personal information or such data in respect of your directors, officers, employees or beneficial owners.
As each of the Fund and Administrator are entities incorporated in Guernsey, the Fund is obliged to comply with the provisions of The Data Protection (Bailiwick of Guernsey) Law, 2017 (the “DP Law“).
1. Where we obtain your personal data:
1.1 Your personal data comprises the following categories:
1.1.1 information obtained from identification documentation (including name, contact details, nationality and national identity numbers (where applicable));
1.1.2 employment history, income and personal wealth;
1.1.3 tax status and tax identification numbers;
1.1.4 bank account details.
We do not collect any special category personal data.
1.2 We primarily collect your personal data from the following sources:
1.2.1 from information which you or your authorized representative gives to us, including but not limited to:
(a) information set out in any subscription agreement with the Fund;
(b) such other forms and documents as we may request that are completed in relation to the administration/management of any investment in the Fund;
(c) client due diligence documentation as part of our regulatory requirements; and
(d) any personal data provided by you by way of correspondence with us by phone, e-mail or otherwise;
1.2.2 personal data we receive from you or any third party sources which may include:
(a) entities in which you or someone connected to you has an interest;
(b) your legal and/or financial advisors;
(c) other financial institutions who hold and process your personal data to satisfy their own regulatory requirements;
(d) credit reference agencies and financial crime databases for the purposes of complying with our regulatory requirements; and
(e) information collected via our website (including cookies and IP addresses) and emails
1.3 We may also collect and process your personal data in the course of dealing with advisors, regulators, official authorities and service providers by whom you are employed or engaged or for whom you act.
2. Why we collect your Personal data:
Lawful grounds for processing:
2.1 The Processors are entitled to hold and process your personal data on the following lawful grounds:
2.1.1 the processing is necessary for the legitimate interests of the Fund, provided that your interests and fundamental rights do not override those interests;
2.1.2 where the Applicant is a natural person, the processing is necessary to comply with our respective contractual duties to you under the terms of your investment in the Fund and all supplemental agreements thereto;
2.1.3 to comply with the legal and regulatory obligations of each of the Processors;
2.1.4 (on exceptional occasions) where we have obtained your consent; and
2.1.5 (on rare occasions) where it is needed in the public interest.
Some of the grounds for processing described above will overlap and there may be several grounds which justify our use of your personal data.
Inaccurate or Amended Information
2.2 Please let us know if any of your personal data (including correspondence details) changes as soon as possible. Failure to provide accurate information or to update changed information may have a detrimental impact upon your investment, including the processing of any subscription or redemption instructions or the suspension of your account. Failure to provide information where the same is required for anti-money laundering, pursuant to automatic exchange of information agreements, or other legal requirements means that your ability to trade in or to continue to own your shares may be detrimented.
Purposes of processing
2.3 Pursuant to paragraph 2.1, the Processors may process your personal data for the purposes set out below (“Purposes“). Those based wholly or partly on our legitimate interests are set out in paragraphs 2.3.1 to 2.3.6 inclusive):
2.3.1 communicating with you as necessary in connection with your affairs and generally in connection with your investment in the Fund;
2.3.2 operating the Processors’ IT systems, software and business applications;
2.3.3 supporting our IT and business applications support teams, accounting, legal, reporting, internal audit and risk management, administrative, registrar, document storage, record keeping and other related functions, including but not limited to processing personal data in connection with the Fund;
2.3.4 monitoring and recording telephone and electronic communications and transactions:
(a) for quality, business analysis, training and related purposes in order to improve service delivery;
(b) for investigation and fraud prevention purposes, for crime detection, prevention, investigation and prosecution of any unlawful act (or omission to act); and
(c) to enforce or defend the Processors’ respective rights, or through third parties to whom we each may delegate such responsibilities or rights in order to comply with a legal or regulatory obligations imposed on each of us;
2.3.5 detecting and preventing crime such as fraud, money laundering, terrorist financing, bribery, corruption, tax evasion and to prevent the provision of financial and other services to persons who may be subject to economic or trade sanction on an ongoing basis (“Regulatory Assessments“);
2.3.6 facilitating the internal administration of each of the Processors’ and retaining your personal data as part of our Regulatory Assessments or future services entered into by you;
2.3.7 liaising with or reporting to any regulatory authority (including tax authorities) with whom the Processors’ are required to cooperate or report to, or with whom the Fund decides or deems appropriate to cooperate, in relation to an investment, and which has jurisdiction over the Fund or its investments in a third country without the same or similar data protection laws as Guernsey or any EU member state (a “Third Country without Adequacy“);
2.3.8 communicating with our professional advisers for the purposes of obtaining professional advice;
2.3.9 conducting business analytics and diagnostics;
2.3.10 communicating with you about the performance of the Fund, including sending the Fund’s Annual and Half Year Accounts or fact sheets.
We will only use your personal information for the purposes for which we collected it unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where these are required or permitted by law.
2.4 To the extent that such personal data contains special category data such as, for example: data relating to racial or ethnic origin, political opinion, religious or philosophical belief, trade union membership or criminal data then the processing of such data shall solely be for the purpose of complying with any duty imposed on the General Partner, the Fund and/or the Administrator by an enactment including, but not limited to, legislation and regulatory obligations relating to Anti-Money Laundering and Combatting the Financing of Terrorism and all other related legislation.
2.5 None of the Processors make decisions about you based on automated processing of your personal data.
3. Sharing personal data
3.1 The Processors may share your personal data with group companies and third parties (including bank, financial institution or other third party lenders, IT service providers, auditors and legal professionals) under the terms of any appropriate delegation or contractual arrangement. Those authorised third parties may, in turn, process your personal data abroad and may have to disclose it to foreign authorities, for example to help them in their fight against crime and terrorism.
3.2 Data processing (as described above) may be undertaken by any entity in the Bailiwick of Guernsey or the European Economic Area (the “EEA“), an entity which is located outside the Bailiwick of Guernsey or the EEA in a Third Country without Adequacy including but not limited to: the United States or America, Vietnam and India.
This means that the countries to which we transfer your data are legally not deemed in general to provide an adequate level of protection for your personal information. However, to ensure that your personal data receives an adequate level of protection we have put in place the following appropriate measures to ensure that your personal information is treated by those third parties in a way that is consistent with and which respects the EU laws and the laws of the Bailiwick of Guernsey on data protection. Any entity having access to your personal data outside Guernsey or the EEA is required by binding legal contract to protect and only process your data as though it were in the EEA or Guernsey and subject to the same level of protection as applies in those territories.
4. Retention of personal data
4.1 Your personal data will be retained for the longest of the following periods:
4.1.1 for the Processors and/or any authorised third parties to carry out the Purposes for which the data was collected or as long as is set out in any relevant agreement you enter into with us;
4.1.2 in order to establish or defend legal rights or obligations or to satisfy any reporting or accounting obligations; and/or
4.1.3 any retention period that is required by Data Protection Laws and any applicable laws or regulatory requirements.
4.2 We endeavour, and require all third parties with access to your personal data, to store such data securely on computer systems in accordance with accepted market standards.
4.3 Whilst we have taken every reasonable care to ensure the implementation of appropriate technical and security measures, we cannot guarantee the security of your personal data over the internet, via email or via our websites nor do we accept, to the fullest extent permitted by law, any liability for any errors in data transmission, machine, software or operating error or any other cause.
5. Your rights
5.1 You have, under certain circumstances, the following rights in respect of personal data:
5.1.1 the right to access and port personal data;
5.1.2 the right to rectify errors in personal data;
5.1.3 the right to restrict the use of personal data;
5.1.4 the right to request that personal data is erased;
5.1.5 the right to object to processing of personal data;
5.1.6 where the Processors have relied on consent to process the personal data, the right to withdraw consent at any time by contacting us via the contact details below;
5.1.7 the right to object to processing for direct marketing purposes;
5.1.8 you have the general right to object to the processing of your data where we have considered this to be necessary for the purposes of our legitimate interests.
5.2 You also have the right to lodge a complaint with the Guernsey Data Protection Authority or, if you are a citizen of an EU member state, to the relevant supervisory authority of the EU member state of your usual residence, place of work or place of the alleged breach if you consider that the processing of your personal data carried out by the Fund, the Administrator, the Registrar or any other service provider to the Fund, has breached data protection laws. You may also appeal to certain courts against (i) any failure of the Guernsey Data Protection Authority to give written notice of whether the complaint is either being investigated or not being investigated and where applicable, the progress and the outcome of the investigation and (ii) a determination of the Guernsey Data Protection Authority not to investigate the complaint or a determination that a controller or processor has not breached or is not likely to breach an operative provision in connection with the complaint.
5.3 In limited circumstances we may approach you for your written consent to allow us to process certain particularly sensitive data or to use data for another purpose. 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 the Administrator. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
6. How to contact us:
If you have any questions about our use of your personal data, our retention procedures or our security processes, please contact: [email protected]
Or write to:
VinaCapital Vietnam Opportunity Fund Limited
c/o Northern Trust International Fund Administration Services (Guernsey) Limited
PO Box 255, Trafalgar Court
St. Peter Port, Guernsey
Tel: +44 (0) 1481 745001
Email: [email protected]
7. Changes to this Policy
This Privacy Notice is dated 25 May 2018.
We reserve the right to amend this Privacy Notice at any time without notice, in which case the date of the policy will be revised.