EMERGEVEST LIMITED
Privacy Policy
Effective as of January 1, 2021
EmergeVest Limited and its affiliates (referred to as the "Company", "we", "us", "our" or "EmergeVest"), respect and value your privacy rights whether you participate interactively (through the submission of information through electronic mail or otherwise) or simply view the www.emergevest.com website (the "Website") and is committed to protecting your personal information. EmergeVest Limited is an exempted company incorporated in the Cayman Islands with limited liability with our registered office at Cayman Corporate Centre, 27 Hospital Rd, Georgetown, Grand Cayman, Cayman Islands, KY1-9008 and for the purpose of the General Data Protection Regulation (the "GDPR"), we are the data controller. Where the GDPR applies, you should be aware that the Website is hosted, and some EmergeVest companies and contractors who process your personal information are located, in the United Kingdom and countries outside of the United Kingdom and the European Economic Area.
This Privacy Policy is designed to inform you, as a user of the Website, of the types of information that we collect from you in connection with your use of the Website, and how that information will be used. This Privacy Policy also applies to the extent that it has been incorporated by us by reference to the relevant terms and conditions or as otherwise contemplated herein. Please read this policy carefully so that you understand your rights in relation to your personal information, and how your personal information and usage information will be collected, used and processed by us. If you do not agree with this Privacy Policy in general or any part of it, you should not access the Website or interact with us as contemplated herein.
This Privacy Policy concerns only the Website and does not concern any website to which the Website may link. Should you choose to visit these third-party sites, you should review their privacy policies to ensure that you understand and are comfortable with their practices concerning your personally identifiable information.
By visiting our Website, accepting the terms of this Privacy Policy or otherwise interacting with us as contemplated herein, you accept these policies and practices.
"personal information" in this Privacy Policy means information, regardless of the media in which it is contained, that is or can be uniquely associated with an identified or identifiable individual, such as name, email address or phone number, account number or account information.
We reserve the right, in our sole discretion, to modify, alter or otherwise update this Privacy Policy at any time and you agree to be bound by such modifications, alterations or updates. Any such changes will be effective upon posting. We will notify you of material changes to this Privacy Policy by posting the revised policy with the date it was revised on this page. Any revised Privacy Policy will apply only to information collected after such time as the revised Privacy Policy takes effect, and not to information collected under any earlier Privacy Policies. We encourage you to periodically review this privacy statement to stay informed about any changes to this Privacy Policy.
EmergeVest makes no claims that materials on the Website are appropriate or may be downloaded for use in locations where they are downloaded. Access to the Website from countries or territories where such access is illegal is prohibited. Furthermore, our databases are located in the United Kingdom. If you access the Website from outside the United Kingdom, you do so at your own risk. By sending us your data, you consent to its transfer to and storage within the United Kingdom. Those who access the Website from outside the United Kingdom do so on their own initiative and are responsible for compliance with local laws, rules and regulations.
If you wish to contact EmergeVest regarding your personal information or this policy, please contact info@emergevest.com.
1. IMPORTANT INFORMATION
This privacy notice describes how we collect and use personal information about you during and after your relationship with us, in accordance with applicable data protection laws, including the GDPR.
It applies to:
(a) individuals with whom EmergeVest may have had contact for business purposes, either on our own account or on behalf of third parties or organisations;
(b) individuals who are employed by or otherwise associated with EmergeVest's suppliers, vendors or professional advisors;
(c) individuals who are involved in transactions or potential transactions which are evaluated or conducted by EmergeVest or any of EmergeVest's sub-advisors;
(d) individuals with whom EmergeVest has contact during a recruitment process; and
(e) individuals who have opted to receive communications from EmergeVest.
The Website is not intended for children and we do not knowingly collect data relating to children. Although the Website is not targeted toward children, we are concerned about the safety and privacy of children who use the internet. If a child under 13 has provided personally identifiable information to us through the Website, a parent or guardian may inform us at the address for legal notices above, and we will use commercially reasonable efforts to delete it from our database, subject to applicable law and this Privacy Policy.
This privacy notice is issued on behalf of the EmergeVest Group so when we mention "EmergeVest", "we", "us" or "our" in this privacy notice, we are referring to the relevant entity in the EmergeVest Group responsible for processing your personal information.
Unless otherwise specified, the designated contact entity in relation to EmergeVest matters is EmergeVest Limited. You may contact us at info@emergevest.com.
For the purposes of the GDPR, the EmergeVest company that you have dealings with is the controller of your personal information. This means that we are responsible for deciding how we hold and use personal information about you. We are required under the GDPR to notify you of the information contained in this privacy notice.
If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the Data Privacy Team at info@emergevest.com.
You have the right to make a complaint at any time to the relevant data protection authority. We would, however, appreciate the chance to deal with your concerns before you approach the data protection authority, so please contact us in the first instance.
It is important that you read this notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using such information.
We reserve the right to update this privacy notice at any time. We may also notify you in other ways from time to time about the processing of your personal information.
2. DATA PROTECTION PRINCIPLES
We will comply with applicable data protection law. This says that the personal information we hold about you must be:
(a) used lawfully, fairly and in a transparent way;
(b) collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes;
(c) relevant to the purposes we have told you about and limited only to those purposes;
(d) accurate and to the extent appropriate, kept up to date;
(e) kept only as long as necessary for the purposes we have told you about; and
(f) kept securely.
3. PERSONAL INFORMATION WE HOLD ABOUT YOU, PURPOSES AND LAWFUL BASIS FOR PROCESSING
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
There are more sensitive types of personal data which require a higher level of protection, known as 'special categories' of personal data under the GDPR. We do not collect any 'special categories' of personal data about you except in the context of dietary requirements for events and meetings and limited health data to assist in the control of infectious diseases (such as the virus Covid-19) that you voluntarily provide to us. We do not collect any information about criminal convictions and offences, unless revealed by due diligence conducted to comply with a legal or regulatory obligation, transactional due diligence or as part of our recruitment processes.
Please review the relevant section below to see the categories of personal information about you that we collect, store, and use, the purposes of processing and our lawful basis for doing so.
Visitors to EmergeVest's website
We may collect information about you through technology. For example, we may collect your internet protocol ("IP") address each time you request a page during a visit to the Website. An IP address is often associated with the portal through which you enter the Internet. At times, we may also use IP addresses to collect information regarding the frequency with which users browse various parts of the Website.
The Website may also use other technical methods to track and analyse the traffic patterns on the Website, such as the frequency with which our users visit various parts of the Website. These technical methods may involve the transmission of information either directly to us or to another party authorised by us to collect information on our behalf. We may also use these technical methods in HTML e-mails that we send our Website users to determine whether such users have opened those e-mails and/or clicked on links in those e-mails. We may collect the information from use of these technical methods in a form that is personally identifiable.
During some visits we may use software tools such as JavaScript to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse overs), and methods used to browse away from the page. We may use this information to measure Website activity, to develop ideas for improving our websites and for any other purpose to the extent permitted by applicable law.
You are not required to provide any personal information to access public areas of our Website, other than parts of the Investor Portal.
We may use or disclose certain personally identifiable information we collect about you when you visit and browse the Website as part of our normal business operations, or to send you administrative communications either about your interactions with us or about features of the Website, including any future changes to this Privacy Policy.
We may also store your personally identifiable information and share it with our affiliates. We may use or disclose this information for marketing, research and other business purposes, and we may associate your personally identifiable information with other information we collect about you, such as details about your usage patterns and interests, but we will not sell this information or disclose it to third parties.
Non-personally identifiable information is information that does not personally identify you, including anonymous information and aggregate data. We may use this information to understand better how our visitors use the Website, research our visitors' demographics, interests, and behaviour, improve the Website, provide visitors with customized services and information, and for other similar purposes. We may combine this information with personally identifiable information. We may share this information with others, such as investors, for information or promotional purposes, and may use this information in any manner permitted by law, but any disclosure that identifies you personally will be governed by the paragraphs above.
Please also see the section on Cookies below.
Visitors to EmergeVest's offices
When you visit our offices, we collect the following personal information about you for the following purposes:
(a) contact information by completion of the security list of visitors in line with our legitimate interests (security of the building);
(b) video images of you in the entry and exit areas from CCTV footage in line with our legitimate interests (security of the building);
(c) your name and time of entry to EmergeVest's offices through a security access system in line with our legitimate interests (maintaining security of our offices);
(d) names and dietary preferences for catering purposes in meetings in line with our legitimate interests (respecting visitors' needs);
(e) health data to assist in the control of infectious diseases (such as the virus Covid-19) in line with our health and safety legal obligations;
(f) if applicable, health information by completion of the first aid accident book in order to comply with our health and safety legal obligations; and
(g) guests' name and organisation for the purpose of organising events (for example conferences, charity events or student/alumni events) and providing name badges, attendee lists, team lists and table plans.
We will share the personal information we hold about visitors with:
(a) third-party service providers which process personal information on EmergeVest's behalf;
(b) professional advisors, such as accountants, lawyers or other consultants;
(c) other companies in the EmergeVest Group;
(d) EmergeVest's auditors; and
(e) applicable regulators and other governmental agencies anywhere in the world.
Our legal basis for collecting and storing personal information about our visitors is that such processing is necessary for our legitimate interests in running and operating our business and ensuring and maintaining the security and safety of our offices, visitors and employees.
Individuals with whom EmergeVest has contact for business purposes
If you have had contact with EmergeVest, for example through emailing or meeting a representative of EmergeVest, we collect, use and store limited amounts of personal information relating to you, such as your name, job title, employer organisation and contact details. We use publicly available information about you or information you have provided us with to add to EmergeVest's contact directory. If your contacts with EmergeVest also fall within other categories defined below, we will also collect, store and share your personal information as described in those categories.
We will collect and store this personal information for the purposes of:
(a) maintaining a directory of contacts;
(b) organising meetings between you and EmergeVest's representatives;
(c) general business marketing, including reporting on macro trends and other business and economic insights; and
(d) sending you periodic updates about EmergeVest's business, events, presentations and opportunities, including by email and post; you can opt out of receiving updates at any time by contacting us (including by email at info@emergevest.com), by asking your EmergeVest business contact, or by clicking the "Unsubscribe" link in any email that you receive.
We will share the personal information we hold about business contacts with:
(a) third-party service providers which process personal information on EmergeVest's behalf;
(b) professional advisors, such as accountants, lawyers or other consultants;
(c) other companies in the EmergeVest Group;
(d) EmergeVest's auditors; and
(e) applicable regulators and other governmental agencies anywhere in the world.
The legal basis for collecting, using and storing personal information about business contacts is that such processing is necessary for our legitimate interests in undertaking business development and promotion.
Individuals who are associated with EmergeVest's suppliers, vendors or professional advisers
If you are a supplier or vendor to EmergeVest, or one of our professional advisers, we will collect, use and store limited amounts of personal information relating to you, including your name, job title, qualifications, employer or parent organisation and contact details.
We will collect, use and store this personal information for the purposes of conducting anti-money laundering checks, administering and maintaining records of goods, services or advice we have received, and commissioning further services or procuring further goods.
The personal information we hold about suppliers and professional advisers will be shared with:
(a) a wide range of third-party service providers which process personal information on EmergeVest's behalf, such as providers of telecoms, IT, courier, HR, security, legal accountancy, data and catering services;
(b) professional advisors, such as accountants, lawyers or other consultants;
(c) other companies in the EmergeVest Group;
(d) EmergeVest's auditors; and
(e) applicable regulators and other governmental agencies anywhere in the world.
Our legal basis for collecting, using and storing personal information that you provide to us is that such processing is necessary for our legitimate interests in operating our business.
Individuals are who are involved in transactions or potential transactions by or on behalf of EmergeVest
If you are involved in a transaction or potential transaction relating to EmergeVest business, including as an investor or potential investor in any of our investment products, we collect, use and store personal information relating to you. To the extent appropriate, this includes your business and personal contact details, interest/marketing preferences, professional opinions and judgements, visual images and photographs required for business purposes, log-in details for user accounts, information relating to your financial status and dealings, nationality information (including copies of identity documents, such as a passport), references provided by third parties, and results of other due diligence carried out.
We collect, process and store this personal information for the purposes of:
(a) performing conflicts checks;
(b) verifying the identity of individuals;
(c) undertaking due diligence and performing background checks;
(d) conducting anti-money laundering checks;
(e) evaluating potential transactions;
(f) maintaining records of investments;
(g) trade and transaction reporting;
(h) administering transactions which are entered into;
(i) statistical analysis and market research;
(j) maintaining records of investments;
(k) billing and invoicing purposes;
(l) complying with our regulatory and legal obligations, including assessing and managing risk;
(m) identifying and preventing fraud and other unlawful activity;
(n) safeguarding our legal rights and interests;
(o) seeking and receiving advice from our professional advisors, including accountants, lawyers and other consultants;
(p) organising and holding meetings and events;
(q) marketing of investment products;
(r) general business marketing, including reporting on macro trends and other business and economic insights; and
(s) sending you periodic updates about EmergeVest's business, events, presentations and opportunities.
Please note that you can opt out of receiving marketing updates or change your preferred method(s) for receiving them (e.g. email or post) at any time by contacting us (including via email at info@emergevest.com), asking your EmergeVest contact or by clicking the "Unsubscribe" link in any email that you receive.
The personal information we collect, use and store about our counterparties with whom we conduct business may be shared with:
(a) third-party service providers which process personal information for us;
(b) credit reference agencies;
(c) financial intermediaries;
(d) professional advisors, such as accountants, lawyers or other consultants;
(e) other persons who have an interest or involvement in, or who are considering an interest or involvement in, a transaction upon which EmergeVest is advising, including co-investors, other providers of finance and investors in EmergeVest;
(f) other companies in the EmergeVest Group;
(g) EmergeVest's auditors; and
(h) applicable regulators and other governmental agencies anywhere in the world.
Our legal basis for collecting, using and storing personal information about you is that such processing is necessary for our legitimate interests in running our business, including by advising on potential transactions. If we enter into a transaction that you are involved in, it will also be necessary for us to process your personal information for the purpose of performing that contract and to comply with our regulatory and legal obligations.
Investors in EmergeVest
We collect, use and store personal information about our public shareholders and other investors for the purposes of:
(a) communicating with investors in relation to their holdings;
(b) complying with our regulatory and legal obligations;
(c) facilitating the payment of dividends and/or other distributions; and
(d) sending you periodic updates about EmergeVest's business, activities and opportunities, including by email and post; you can opt out of receiving updates at any time by contacting us (including via email at info@emergevest.com), asking your EmergeVest contact or by clicking the "Unsubscribe" link in any email that you receive.
We share the personal information we hold about our investors with:
(a) companies which process personal information for us;
(b) professional advisors, such as accountants, lawyers, proxy advisers or other consultants;
(c) other companies in the EmergeVest Group;
(d) EmergeVest's auditors; and
(e) applicable regulators and other governmental agencies anywhere in the world.
Our legal basis for collecting and storing personal information about our investors is that such processing is necessary for our legitimate interests in running and operating our business and ensuring effective communications with investors.
Individuals with whom EmergeVest has contact during a recruitment process
We collect personal information about candidates through the application and recruitment process, either directly from candidates or sometimes from third parties (including recruitment agencies, former employers and credit reference agencies). Recruitment agencies which collect and use your personal information, including for the purpose of introducing you as a candidate to EmergeVest, act as the controller of your personal information for that purpose and so are subject to a separate privacy notice provided by the agencies to you.
Please see below a list of the categories of personal information about you that we collect, store, and use:
(a) personal contact details such as name, title, addresses, telephone numbers, and personal email addresses.
(b) date of birth;
(c) gender;
(d) nationality;
(e) current salary, annual leave, pension and benefits information;
(f) current notice period;
(g) desired start date with EmergeVest;
(h) desired location of employment or workplace;
(i) passport number and driver's license;
(j) recruitment information (including copies of right to work documentation, references and other information included in a CV or cover letter or as part of the application process);
(k) employment records (including job titles, responsibilities, work history, working hours, language capabilities, training records, appraisal and fitness and propriety records and professional memberships);
(l) compensation history; and
(m) visual images and photographs required for business purposes.
Most commonly, we will use your personal information in the following circumstances:
(a) to take steps prior to entering into a contract with you (for example your employment contract, consultancy contract or partnership agreement);
(b) where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; and
(c) where we need to comply with a legal or regulatory obligation.
Should you be successful in your application, we will only transfer personal information to your employment record if it is relevant to your ongoing working relationship with EmergeVest.
Should you be unsuccessful in your application, we will securely destroy your application details but will keep on file your name, any additional identifiers required to distinguish candidates of the same name and the position for which you applied for future recruitment purposes unless you specifically request that this should not be the case.
In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you. Once you are no longer a candidate of EmergeVest we will not keep any personal information about you for any longer than is necessary for the purposes for which the personal information is processed and will securely destroy it after this point.
Lawful basis for using your personal information
We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances (each a lawful basis):
(a) where we need to perform the contract we are about to enter into or have entered into with you;
(b) where it is necessary for our legitimate interests (as further explained in the relevant section applicable to you above) and your interests and fundamental rights do not override those interests;
(c) where we need to comply with a legal or regulatory obligation (including where necessary to investigate, prevent, or respond to suspected illegal or fraudulent activity; to protect the safety, rights, or property of the Company, and of its users, or others; or to exercise or protect legal rights or defend against legal claims); or
(d) if EmergeVest incurs a corporate change in control resulting from, for example a sale to, or merger with, another entity, or if all or a portion of its assets are sold, EmergeVest reserves the right to transfer your personal information to the new party in control or the party acquiring assets.
Generally, we do not rely on consent as a legal basis for processing your personal data.
If you fail to provide personal information
If you fail to provide certain information when requested, we may not be able to perform any contract we may have entered into with you, or we may be unable to deal with you.
Change of purpose
We will only use your personal information for the purposes for which we collected it or as otherwise described in this privacy notice, 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 this is required or permitted by law.
4. COOKIES
Cookies are small text files that may be placed on your browser when you visit our web site. Cookies are used primarily for administrative purposes, to improve your experience with our Website. For instance, when you return to the Website after logging in, cookies provide information to the Website, including personal information, so that the Website will remember who you are.
The Website uses cookies primarily to capture anonymous analytics to improve our web site experience and performance. This includes compiling statistical information concerning, among other things, the frequency of use of our site, the pages visited, and the length of each visit, as well as information about your computer, operating system, browser, language, country and the locations of the web pages you view right before arriving at, while navigating and immediately after leaving the Website. We do not use cookies to store any personal information that could be read or understood by others.
Managing Cookies
The help menu of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, and how to disable cookies completely. Additionally, you can disable or delete similar data used by browser extensions by changing the extension's settings or visiting the website of its manufacturer. However, if you disable cookies, you may experience reduced functionality and, for sites using cookies for authentication, declining cookies will prevent you from using the website altogether.
Performance
We want to ensure that the Website provide a good experience. These cookies (which are set by third parties providing services to us) allow us to monitor how visitors use our Website. These cookies provide us with anonymous statistics on how many people visit the Website and where they have come from and the pages they visit so that we can continue to develop and improve the Website and our services. They also help us understand the effectiveness of our advertising.
Refusing or withdrawing your consent to the use of cookies
You may refuse to accept cookies by altering the settings on your internet browser. For more information about how to do this, look at your browser 'help' section.
Please note that if you adjust your internet browser settings to refuse the setting of cookies, you may not be able to access or use fully certain parts or functionality of the Website.
If you continue without changing your settings, we will assume that you accept receipt of all cookies on the EmergVest website.
Updates to this policy
So that we can offer you the best possible online experience, new services using cookies may be added to our Website from time to time. We aim to keep the cookies information provided here as accurate as possible and use all reasonable efforts to regularly review and update the details. When we update these details we will post changes on this page or on other pages of our Website or let you know about changes in our communications with you.
5. DATA SHARING
We seek to share your personal information with third parties only where we believe it is necessary or consistent with our legitimate interests, including to third-party service providers and other companies in the EmergeVest Group.
We require third parties to respect the security of your personal information and to treat it in accordance with the law. We use a range of third parties from time to time to provide a wide range of services, including telecoms, IT, courier, HR, security, legal, accountancy, data, and catering services.
We transfer your personal information outside the European Economic Area ("EEA") and when we do, you can expect a similar degree of protection in respect of your personal information.
Why do we share your personal information with third parties?
We will share your personal information with third parties where required by law, where it is necessary to administer our relationship with you or where we have another legitimate interest in doing so. "Third parties" includes third-party service providers (including contractors) and other companies within the EmergeVest Group worldwide.
How secure is your personal information with third-party service providers and other companies in our group?
All our third-party service providers and other companies in the EmergeVest Group are required to take appropriate security measures to protect your personal information in line with the GDPR. Except where needed for their own direct relationship with you or where they otherwise act as a controller of your personal information, we do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.
When do we share your personal information with other companies in the EmergeVest Group?
We will share your personal information with other companies in the EmergeVest Group for internal administrative purposes on the lawful basis of our legitimate interests.
When do we share your personal information with any other third parties?
We may share your personal information with other third parties, for example in the context of the possible sale or restructuring of the business or an audit. If needed to comply with law and regulations, we will also need to share your personal information with a regulator, governmental agency or otherwise.
Transferring your personal information outside Europe
We share your personal data within the EmergeVest Group. This will involve transferring your personal information outside the EEA.
Many of our third-party service providers are based outside the EEA so their processing of your personal information will involve a transfer of data outside the EEA.
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is applied to it by implementing at least one of the following safeguards:
(a) we will transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries;
(b) we use specific contracts approved by the European Commission which give personal information the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries; or
(c) we will use a data transfer mechanism approved by the European Commission or the UK authorities, as appropriate, such as an equivalent to the Privacy Shield or updated Model Contracts approved by the EU Commission or the UK government.
Please contact us (preferably via email at info@emergevest.com) if you would like further information on the specific mechanism used by us when transferring your personal information out of the EEA.
6. DATA SECURITY
We have put in place appropriate security measures to protect personal information.
Third parties will only process your personal information held by us where they are obliged to treat the information confidentially and to keep it secure.
We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to access it.
They will only process your personal information on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
We endeavor to protect your personally identifiable information. We use technical, administrative and physical methods to maintain the integrity and security of our databases, including firewalls. Please be aware though that there is no such thing as "perfect security" on the internet, and third parties may unlawfully intercept or access transmissions or private communications. We will not be responsible or liable for any damages, losses or causes of action arising out of or in connection with the disclosure of your personally identifiable information.
While we strive to protect visitors' personal information, we cannot ensure or warrant the security of any information visitors transmit to us, and visitors do so at their own risk.
7. DO NOT TRACK
EmergeVest does not track its customers over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track ("DNT") signals. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your browser allows you to set the DNT signal so that third parties (particularly advertisers) know you do not want to be tracked. You should consult the help pages of your browser to learn how to set your preferences so that websites do not track you.
8. DATA RETENTION
We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider 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.
9. LINKS TO THIRD PARTY SITES
Third parties are under no obligation to comply with this Privacy Policy if you provide information directly to those third parties. EmergeVest neither owns nor controls third-party websites accessible through the Website. Therefore, before visiting a third-party website and before providing any personal information or other information to any third party, users should inform themselves of the privacy policies and practices (if any) of the third party responsible for that website, and should take those steps necessary to protect their privacy.
10. YOUR RIGHTS IN RELATION TO YOUR PERSONAL INFORMATION
Your duty to inform us of changes
It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your relationship with us.
Your rights in connection with your personal information
Under certain circumstances, under applicable data protection law (for example where the GDPR applies) you have the right to:
(a) request access to your personal information (commonly known as a "data subject access request"). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it;
(b) request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected;
(c) request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below);
(d) object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes;
(e) request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it; and
(f) request the transfer of your personal information to another party.
If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal information, or request that we transfer a copy of your personal information to another party, please contact us via email at info@emergevest.com or via the other methods set out above.
No fee usually required
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may, where the relevant law permits, charge a reasonable fee if your request for access is clearly unfounded or excessive (for example, for repeat copies). 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 information is not disclosed to any person who has no right to receive it.
Your right to withdraw consent
In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information 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 via email at info@emergevest.com or via the other methods set out above. 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.
11. NOTICE TO CALIFORNIA RESIDENTS
This section only applies to individuals who are residents of California under the California Consumer Privacy Act of 2018 ("CCPA") and other California privacy laws (together "California Laws").
(a) Personal Information Collected: Under California Laws, we must disclose the categories of personal information we have collected in the preceding 12 months, the reason we collect your personal information, where we obtain the personal information we collect about you, and the third parties with whom we share your personal information. We collect Identifiers, Personal Information under California Civil Code section 1798.80, Protected Classifications under California and Federal Law, Commercial Information, Electronic network activity information, Geolocation data, Employment-related information, and Inference data as defined and outlined in California Laws. We collect this information for the purposes outlined in this Privacy Policy. Information may be shared with third parties, such as our service providers, as described in this Privacy Policy.
(b) California Residents Privacy Rights: Under California Laws, California residents have the following rights ("Rights") listed below. Your Right to Access and Right to Deletion are not absolute and are subject to certain exceptions. For instance, we cannot disclose specific pieces of personal information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of the personal information, your account with us, or the security of our systems of networks.
(i) Disclosure & Access Rights: California residents have the right to request that we disclose to them (A) the categories of personal information we have collected about them, (B) the categories of sources from which personal information is collected, (C) the business or commercial purpose for the information collection, (D) the categories of third parties with whom we have shared personal information, and (E) the specific pieces of personal information we hold about an individual.
(ii) Deletion Rights: California residents have the right to have their personal information deleted, unless the personal information is necessary for the business or service provider to:
(A) complete a transaction for which the personal information was collected, provide a good or service requested by the residents or otherwise perform a contract between the business and the residents;
(B) detect security incidents;
(C) protect against malicious, deceptive, fraudulent or illegal activity (or prosecute those responsible);
(D) debug to identify and repair functionality errors;
(E) exercise or ensure the right of another to exercise free speech or another legal right;
(F) comply with the California Electronic Communications Privacy Act, which compels the production of or access to electronic communication information or electronic device information with a search warrant;
(G) engage in research in the public interest (if the individual has provided informed consent);
(H) to enable solely internal uses aligned with the individual's expectations given their relationship with the business;
(I) comply with a legal obligation; or
(J) otherwise use the information internally in a lawful manner compatible with the context in which the individual provided it.
(iii) Do Not Sell: Californian residents have the right to opt-out of having their personal information sold. We do not sell Personal Information.
California residents can exercise their privacy rights by contacting us at info@emergevest.com.
(c) Response Time. We will address any requests to exercise the rights described above under applicable laws in California. When a request is made, we may verify your identity to protect your privacy and security. We will respond to written rights requests within 45 days following receipt at the email or mailing address stated above. Please note that we are only required to respond to an individual twice per 12-month period.
12. LIMITATION OF LIABILITY AND DISCLAIMERS
None of EmergeVest nor its affiliates and its and their respective shareholders, directors, managers, partners, members, officers, employees, affiliates and agents assume any liabilities in respect of (a) any errors or omissions on the Website, (b) any use or reliance on the contents of the Website, or (c) any and all claims, liabilities, losses, costs or damages under any theory, including but not limited to any direct or indirect or consequential loss or damage of any kind (including any lost profits, lost savings, lost data, business interruption or other direct, indirect, punitive, special, consequential or incidental damages or claims (whether in contract, in tort or otherwise)) resulting directly or indirectly from or in connection with any access, use (or inability to use) or distribution of the Website, including damages caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction or unauthorised access to, alteration of or use of any asset, whether for breach of contract, tortious behaviour, negligence or under any other cause of action, or any Content (as defined in the "Terms of Use Agreement") obtained through the use of the Website. This is true even if EmergeVest has been advised of the possibility of such damages or losses.
All warranties (including but not limited to any warranties of merchantability, adequacy, suitability, fitness for any particular purpose, title, non-infringement, availability, freedom from viruses or malware, completeness, timeliness, functionality, sequencing, speed of delivery, accuracy, reliability, or security of information) are expressly excluded and disclaimed.
While we use reasonable efforts to obtain information from reliable sources, EmergeVest does not warrant that the information in the Website is accurate, reliable, complete, or correct, that the Website will be available at any particular time or location. Such information or materials are provided "as is" and "as available". Please be aware that there is no such thing as "perfect security" on the internet, and third parties may unlawfully intercept or access transmissions or private communications, and accordingly electronic mail and other transmissions to and from the Website or made via the Website may not be secure.
13. GOVERNING LAW
All transactions arising from use of the Website, and this Privacy Policy, shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of Hong Kong.
14. DISPUTE RESOLUTION
If you believe you have a dispute or claim against us arising out of your use of the Website or any of its content or under this Privacy Policy, you agree to first discuss the matter informally with the Company for at least 30 days. To do that, you must give us written notice, which will include your full name and contact information, the nature and basis giving rise to your dispute or claim and your proposed resolution, sent to Suite 2910A, 29/F, Skyline Tower, 39 Wang Kwong Road, Kowloon Bay, Hong Kong, for the attention of: General Counsel.
You irrevocably agree that any dispute, controversy, difference or claim arising out of or relating to your use of the Website or any of its content or under this Privacy Policy, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre ("HKIAC") under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration (as defined therein) is submitted and as may be amended by this section.
The arbitration tribunal shall consist of three arbitrators. The official language of the arbitration shall be English and the seat of the arbitration shall be Hong Kong. The award of the arbitration tribunal shall be final and binding upon the disputing parties. Any person to an award may apply to any court of competent jurisdiction for enforcement of such award and, for purposes of the enforcement of such award, the parties irrevocably and unconditionally submit to the jurisdiction of any court of competent jurisdiction and waive any defences to such enforcement based on lack of personal jurisdiction or inconvenient forum.
Any person may, to the extent permitted under the laws of the jurisdiction where the application is made, seek interim equitable relief, including an action seeking injunction or specific performance from a court or other authority with competent jurisdiction and, notwithstanding that this Privacy Policy is governed by the laws of Hong Kong, a court or authority hearing an application for interim equitable relief may apply the procedural law of the jurisdiction where the court or other authority is located in determining whether to grant the interim equitable relief. For the avoidance of doubt, this paragraph is only applicable to the seeking of interim equitable relief and does not restrict the application of this section in any way.
This Privacy Policy is designed to inform you, as a user of the Website, of the types of information that we collect from you in connection with your use of the Website, and how that information will be used. This Privacy Policy also applies to the extent that it has been incorporated by us by reference to the relevant terms and conditions or as otherwise contemplated herein. Please read this policy carefully so that you understand your rights in relation to your personal information, and how your personal information and usage information will be collected, used and processed by us. If you do not agree with this Privacy Policy in general or any part of it, you should not access the Website or interact with us as contemplated herein.
This Privacy Policy concerns only the Website and does not concern any website to which the Website may link. Should you choose to visit these third-party sites, you should review their privacy policies to ensure that you understand and are comfortable with their practices concerning your personally identifiable information.
By visiting our Website, accepting the terms of this Privacy Policy or otherwise interacting with us as contemplated herein, you accept these policies and practices.
"personal information" in this Privacy Policy means information, regardless of the media in which it is contained, that is or can be uniquely associated with an identified or identifiable individual, such as name, email address or phone number, account number or account information.
We reserve the right, in our sole discretion, to modify, alter or otherwise update this Privacy Policy at any time and you agree to be bound by such modifications, alterations or updates. Any such changes will be effective upon posting. We will notify you of material changes to this Privacy Policy by posting the revised policy with the date it was revised on this page. Any revised Privacy Policy will apply only to information collected after such time as the revised Privacy Policy takes effect, and not to information collected under any earlier Privacy Policies. We encourage you to periodically review this privacy statement to stay informed about any changes to this Privacy Policy.
EmergeVest makes no claims that materials on the Website are appropriate or may be downloaded for use in locations where they are downloaded. Access to the Website from countries or territories where such access is illegal is prohibited. Furthermore, our databases are located in the United Kingdom. If you access the Website from outside the United Kingdom, you do so at your own risk. By sending us your data, you consent to its transfer to and storage within the United Kingdom. Those who access the Website from outside the United Kingdom do so on their own initiative and are responsible for compliance with local laws, rules and regulations.
If you wish to contact EmergeVest regarding your personal information or this policy, please contact info@emergevest.com.
1. IMPORTANT INFORMATION
This privacy notice describes how we collect and use personal information about you during and after your relationship with us, in accordance with applicable data protection laws, including the GDPR.
It applies to:
(a) individuals with whom EmergeVest may have had contact for business purposes, either on our own account or on behalf of third parties or organisations;
(b) individuals who are employed by or otherwise associated with EmergeVest's suppliers, vendors or professional advisors;
(c) individuals who are involved in transactions or potential transactions which are evaluated or conducted by EmergeVest or any of EmergeVest's sub-advisors;
(d) individuals with whom EmergeVest has contact during a recruitment process; and
(e) individuals who have opted to receive communications from EmergeVest.
The Website is not intended for children and we do not knowingly collect data relating to children. Although the Website is not targeted toward children, we are concerned about the safety and privacy of children who use the internet. If a child under 13 has provided personally identifiable information to us through the Website, a parent or guardian may inform us at the address for legal notices above, and we will use commercially reasonable efforts to delete it from our database, subject to applicable law and this Privacy Policy.
This privacy notice is issued on behalf of the EmergeVest Group so when we mention "EmergeVest", "we", "us" or "our" in this privacy notice, we are referring to the relevant entity in the EmergeVest Group responsible for processing your personal information.
Unless otherwise specified, the designated contact entity in relation to EmergeVest matters is EmergeVest Limited. You may contact us at info@emergevest.com.
For the purposes of the GDPR, the EmergeVest company that you have dealings with is the controller of your personal information. This means that we are responsible for deciding how we hold and use personal information about you. We are required under the GDPR to notify you of the information contained in this privacy notice.
If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the Data Privacy Team at info@emergevest.com.
You have the right to make a complaint at any time to the relevant data protection authority. We would, however, appreciate the chance to deal with your concerns before you approach the data protection authority, so please contact us in the first instance.
It is important that you read this notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using such information.
We reserve the right to update this privacy notice at any time. We may also notify you in other ways from time to time about the processing of your personal information.
2. DATA PROTECTION PRINCIPLES
We will comply with applicable data protection law. This says that the personal information we hold about you must be:
(a) used lawfully, fairly and in a transparent way;
(b) collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes;
(c) relevant to the purposes we have told you about and limited only to those purposes;
(d) accurate and to the extent appropriate, kept up to date;
(e) kept only as long as necessary for the purposes we have told you about; and
(f) kept securely.
3. PERSONAL INFORMATION WE HOLD ABOUT YOU, PURPOSES AND LAWFUL BASIS FOR PROCESSING
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
There are more sensitive types of personal data which require a higher level of protection, known as 'special categories' of personal data under the GDPR. We do not collect any 'special categories' of personal data about you except in the context of dietary requirements for events and meetings and limited health data to assist in the control of infectious diseases (such as the virus Covid-19) that you voluntarily provide to us. We do not collect any information about criminal convictions and offences, unless revealed by due diligence conducted to comply with a legal or regulatory obligation, transactional due diligence or as part of our recruitment processes.
Please review the relevant section below to see the categories of personal information about you that we collect, store, and use, the purposes of processing and our lawful basis for doing so.
Visitors to EmergeVest's website
We may collect information about you through technology. For example, we may collect your internet protocol ("IP") address each time you request a page during a visit to the Website. An IP address is often associated with the portal through which you enter the Internet. At times, we may also use IP addresses to collect information regarding the frequency with which users browse various parts of the Website.
The Website may also use other technical methods to track and analyse the traffic patterns on the Website, such as the frequency with which our users visit various parts of the Website. These technical methods may involve the transmission of information either directly to us or to another party authorised by us to collect information on our behalf. We may also use these technical methods in HTML e-mails that we send our Website users to determine whether such users have opened those e-mails and/or clicked on links in those e-mails. We may collect the information from use of these technical methods in a form that is personally identifiable.
During some visits we may use software tools such as JavaScript to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse overs), and methods used to browse away from the page. We may use this information to measure Website activity, to develop ideas for improving our websites and for any other purpose to the extent permitted by applicable law.
You are not required to provide any personal information to access public areas of our Website, other than parts of the Investor Portal.
We may use or disclose certain personally identifiable information we collect about you when you visit and browse the Website as part of our normal business operations, or to send you administrative communications either about your interactions with us or about features of the Website, including any future changes to this Privacy Policy.
We may also store your personally identifiable information and share it with our affiliates. We may use or disclose this information for marketing, research and other business purposes, and we may associate your personally identifiable information with other information we collect about you, such as details about your usage patterns and interests, but we will not sell this information or disclose it to third parties.
Non-personally identifiable information is information that does not personally identify you, including anonymous information and aggregate data. We may use this information to understand better how our visitors use the Website, research our visitors' demographics, interests, and behaviour, improve the Website, provide visitors with customized services and information, and for other similar purposes. We may combine this information with personally identifiable information. We may share this information with others, such as investors, for information or promotional purposes, and may use this information in any manner permitted by law, but any disclosure that identifies you personally will be governed by the paragraphs above.
Please also see the section on Cookies below.
Visitors to EmergeVest's offices
When you visit our offices, we collect the following personal information about you for the following purposes:
(a) contact information by completion of the security list of visitors in line with our legitimate interests (security of the building);
(b) video images of you in the entry and exit areas from CCTV footage in line with our legitimate interests (security of the building);
(c) your name and time of entry to EmergeVest's offices through a security access system in line with our legitimate interests (maintaining security of our offices);
(d) names and dietary preferences for catering purposes in meetings in line with our legitimate interests (respecting visitors' needs);
(e) health data to assist in the control of infectious diseases (such as the virus Covid-19) in line with our health and safety legal obligations;
(f) if applicable, health information by completion of the first aid accident book in order to comply with our health and safety legal obligations; and
(g) guests' name and organisation for the purpose of organising events (for example conferences, charity events or student/alumni events) and providing name badges, attendee lists, team lists and table plans.
We will share the personal information we hold about visitors with:
(a) third-party service providers which process personal information on EmergeVest's behalf;
(b) professional advisors, such as accountants, lawyers or other consultants;
(c) other companies in the EmergeVest Group;
(d) EmergeVest's auditors; and
(e) applicable regulators and other governmental agencies anywhere in the world.
Our legal basis for collecting and storing personal information about our visitors is that such processing is necessary for our legitimate interests in running and operating our business and ensuring and maintaining the security and safety of our offices, visitors and employees.
Individuals with whom EmergeVest has contact for business purposes
If you have had contact with EmergeVest, for example through emailing or meeting a representative of EmergeVest, we collect, use and store limited amounts of personal information relating to you, such as your name, job title, employer organisation and contact details. We use publicly available information about you or information you have provided us with to add to EmergeVest's contact directory. If your contacts with EmergeVest also fall within other categories defined below, we will also collect, store and share your personal information as described in those categories.
We will collect and store this personal information for the purposes of:
(a) maintaining a directory of contacts;
(b) organising meetings between you and EmergeVest's representatives;
(c) general business marketing, including reporting on macro trends and other business and economic insights; and
(d) sending you periodic updates about EmergeVest's business, events, presentations and opportunities, including by email and post; you can opt out of receiving updates at any time by contacting us (including by email at info@emergevest.com), by asking your EmergeVest business contact, or by clicking the "Unsubscribe" link in any email that you receive.
We will share the personal information we hold about business contacts with:
(a) third-party service providers which process personal information on EmergeVest's behalf;
(b) professional advisors, such as accountants, lawyers or other consultants;
(c) other companies in the EmergeVest Group;
(d) EmergeVest's auditors; and
(e) applicable regulators and other governmental agencies anywhere in the world.
The legal basis for collecting, using and storing personal information about business contacts is that such processing is necessary for our legitimate interests in undertaking business development and promotion.
Individuals who are associated with EmergeVest's suppliers, vendors or professional advisers
If you are a supplier or vendor to EmergeVest, or one of our professional advisers, we will collect, use and store limited amounts of personal information relating to you, including your name, job title, qualifications, employer or parent organisation and contact details.
We will collect, use and store this personal information for the purposes of conducting anti-money laundering checks, administering and maintaining records of goods, services or advice we have received, and commissioning further services or procuring further goods.
The personal information we hold about suppliers and professional advisers will be shared with:
(a) a wide range of third-party service providers which process personal information on EmergeVest's behalf, such as providers of telecoms, IT, courier, HR, security, legal accountancy, data and catering services;
(b) professional advisors, such as accountants, lawyers or other consultants;
(c) other companies in the EmergeVest Group;
(d) EmergeVest's auditors; and
(e) applicable regulators and other governmental agencies anywhere in the world.
Our legal basis for collecting, using and storing personal information that you provide to us is that such processing is necessary for our legitimate interests in operating our business.
Individuals are who are involved in transactions or potential transactions by or on behalf of EmergeVest
If you are involved in a transaction or potential transaction relating to EmergeVest business, including as an investor or potential investor in any of our investment products, we collect, use and store personal information relating to you. To the extent appropriate, this includes your business and personal contact details, interest/marketing preferences, professional opinions and judgements, visual images and photographs required for business purposes, log-in details for user accounts, information relating to your financial status and dealings, nationality information (including copies of identity documents, such as a passport), references provided by third parties, and results of other due diligence carried out.
We collect, process and store this personal information for the purposes of:
(a) performing conflicts checks;
(b) verifying the identity of individuals;
(c) undertaking due diligence and performing background checks;
(d) conducting anti-money laundering checks;
(e) evaluating potential transactions;
(f) maintaining records of investments;
(g) trade and transaction reporting;
(h) administering transactions which are entered into;
(i) statistical analysis and market research;
(j) maintaining records of investments;
(k) billing and invoicing purposes;
(l) complying with our regulatory and legal obligations, including assessing and managing risk;
(m) identifying and preventing fraud and other unlawful activity;
(n) safeguarding our legal rights and interests;
(o) seeking and receiving advice from our professional advisors, including accountants, lawyers and other consultants;
(p) organising and holding meetings and events;
(q) marketing of investment products;
(r) general business marketing, including reporting on macro trends and other business and economic insights; and
(s) sending you periodic updates about EmergeVest's business, events, presentations and opportunities.
Please note that you can opt out of receiving marketing updates or change your preferred method(s) for receiving them (e.g. email or post) at any time by contacting us (including via email at info@emergevest.com), asking your EmergeVest contact or by clicking the "Unsubscribe" link in any email that you receive.
The personal information we collect, use and store about our counterparties with whom we conduct business may be shared with:
(a) third-party service providers which process personal information for us;
(b) credit reference agencies;
(c) financial intermediaries;
(d) professional advisors, such as accountants, lawyers or other consultants;
(e) other persons who have an interest or involvement in, or who are considering an interest or involvement in, a transaction upon which EmergeVest is advising, including co-investors, other providers of finance and investors in EmergeVest;
(f) other companies in the EmergeVest Group;
(g) EmergeVest's auditors; and
(h) applicable regulators and other governmental agencies anywhere in the world.
Our legal basis for collecting, using and storing personal information about you is that such processing is necessary for our legitimate interests in running our business, including by advising on potential transactions. If we enter into a transaction that you are involved in, it will also be necessary for us to process your personal information for the purpose of performing that contract and to comply with our regulatory and legal obligations.
Investors in EmergeVest
We collect, use and store personal information about our public shareholders and other investors for the purposes of:
(a) communicating with investors in relation to their holdings;
(b) complying with our regulatory and legal obligations;
(c) facilitating the payment of dividends and/or other distributions; and
(d) sending you periodic updates about EmergeVest's business, activities and opportunities, including by email and post; you can opt out of receiving updates at any time by contacting us (including via email at info@emergevest.com), asking your EmergeVest contact or by clicking the "Unsubscribe" link in any email that you receive.
We share the personal information we hold about our investors with:
(a) companies which process personal information for us;
(b) professional advisors, such as accountants, lawyers, proxy advisers or other consultants;
(c) other companies in the EmergeVest Group;
(d) EmergeVest's auditors; and
(e) applicable regulators and other governmental agencies anywhere in the world.
Our legal basis for collecting and storing personal information about our investors is that such processing is necessary for our legitimate interests in running and operating our business and ensuring effective communications with investors.
Individuals with whom EmergeVest has contact during a recruitment process
We collect personal information about candidates through the application and recruitment process, either directly from candidates or sometimes from third parties (including recruitment agencies, former employers and credit reference agencies). Recruitment agencies which collect and use your personal information, including for the purpose of introducing you as a candidate to EmergeVest, act as the controller of your personal information for that purpose and so are subject to a separate privacy notice provided by the agencies to you.
Please see below a list of the categories of personal information about you that we collect, store, and use:
(a) personal contact details such as name, title, addresses, telephone numbers, and personal email addresses.
(b) date of birth;
(c) gender;
(d) nationality;
(e) current salary, annual leave, pension and benefits information;
(f) current notice period;
(g) desired start date with EmergeVest;
(h) desired location of employment or workplace;
(i) passport number and driver's license;
(j) recruitment information (including copies of right to work documentation, references and other information included in a CV or cover letter or as part of the application process);
(k) employment records (including job titles, responsibilities, work history, working hours, language capabilities, training records, appraisal and fitness and propriety records and professional memberships);
(l) compensation history; and
(m) visual images and photographs required for business purposes.
Most commonly, we will use your personal information in the following circumstances:
(a) to take steps prior to entering into a contract with you (for example your employment contract, consultancy contract or partnership agreement);
(b) where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; and
(c) where we need to comply with a legal or regulatory obligation.
Should you be successful in your application, we will only transfer personal information to your employment record if it is relevant to your ongoing working relationship with EmergeVest.
Should you be unsuccessful in your application, we will securely destroy your application details but will keep on file your name, any additional identifiers required to distinguish candidates of the same name and the position for which you applied for future recruitment purposes unless you specifically request that this should not be the case.
In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you. Once you are no longer a candidate of EmergeVest we will not keep any personal information about you for any longer than is necessary for the purposes for which the personal information is processed and will securely destroy it after this point.
Lawful basis for using your personal information
We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances (each a lawful basis):
(a) where we need to perform the contract we are about to enter into or have entered into with you;
(b) where it is necessary for our legitimate interests (as further explained in the relevant section applicable to you above) and your interests and fundamental rights do not override those interests;
(c) where we need to comply with a legal or regulatory obligation (including where necessary to investigate, prevent, or respond to suspected illegal or fraudulent activity; to protect the safety, rights, or property of the Company, and of its users, or others; or to exercise or protect legal rights or defend against legal claims); or
(d) if EmergeVest incurs a corporate change in control resulting from, for example a sale to, or merger with, another entity, or if all or a portion of its assets are sold, EmergeVest reserves the right to transfer your personal information to the new party in control or the party acquiring assets.
Generally, we do not rely on consent as a legal basis for processing your personal data.
If you fail to provide personal information
If you fail to provide certain information when requested, we may not be able to perform any contract we may have entered into with you, or we may be unable to deal with you.
Change of purpose
We will only use your personal information for the purposes for which we collected it or as otherwise described in this privacy notice, 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 this is required or permitted by law.
4. COOKIES
Cookies are small text files that may be placed on your browser when you visit our web site. Cookies are used primarily for administrative purposes, to improve your experience with our Website. For instance, when you return to the Website after logging in, cookies provide information to the Website, including personal information, so that the Website will remember who you are.
The Website uses cookies primarily to capture anonymous analytics to improve our web site experience and performance. This includes compiling statistical information concerning, among other things, the frequency of use of our site, the pages visited, and the length of each visit, as well as information about your computer, operating system, browser, language, country and the locations of the web pages you view right before arriving at, while navigating and immediately after leaving the Website. We do not use cookies to store any personal information that could be read or understood by others.
Managing Cookies
The help menu of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, and how to disable cookies completely. Additionally, you can disable or delete similar data used by browser extensions by changing the extension's settings or visiting the website of its manufacturer. However, if you disable cookies, you may experience reduced functionality and, for sites using cookies for authentication, declining cookies will prevent you from using the website altogether.
Performance
We want to ensure that the Website provide a good experience. These cookies (which are set by third parties providing services to us) allow us to monitor how visitors use our Website. These cookies provide us with anonymous statistics on how many people visit the Website and where they have come from and the pages they visit so that we can continue to develop and improve the Website and our services. They also help us understand the effectiveness of our advertising.
Refusing or withdrawing your consent to the use of cookies
You may refuse to accept cookies by altering the settings on your internet browser. For more information about how to do this, look at your browser 'help' section.
Please note that if you adjust your internet browser settings to refuse the setting of cookies, you may not be able to access or use fully certain parts or functionality of the Website.
If you continue without changing your settings, we will assume that you accept receipt of all cookies on the EmergVest website.
Updates to this policy
So that we can offer you the best possible online experience, new services using cookies may be added to our Website from time to time. We aim to keep the cookies information provided here as accurate as possible and use all reasonable efforts to regularly review and update the details. When we update these details we will post changes on this page or on other pages of our Website or let you know about changes in our communications with you.
5. DATA SHARING
We seek to share your personal information with third parties only where we believe it is necessary or consistent with our legitimate interests, including to third-party service providers and other companies in the EmergeVest Group.
We require third parties to respect the security of your personal information and to treat it in accordance with the law. We use a range of third parties from time to time to provide a wide range of services, including telecoms, IT, courier, HR, security, legal, accountancy, data, and catering services.
We transfer your personal information outside the European Economic Area ("EEA") and when we do, you can expect a similar degree of protection in respect of your personal information.
Why do we share your personal information with third parties?
We will share your personal information with third parties where required by law, where it is necessary to administer our relationship with you or where we have another legitimate interest in doing so. "Third parties" includes third-party service providers (including contractors) and other companies within the EmergeVest Group worldwide.
How secure is your personal information with third-party service providers and other companies in our group?
All our third-party service providers and other companies in the EmergeVest Group are required to take appropriate security measures to protect your personal information in line with the GDPR. Except where needed for their own direct relationship with you or where they otherwise act as a controller of your personal information, we do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.
When do we share your personal information with other companies in the EmergeVest Group?
We will share your personal information with other companies in the EmergeVest Group for internal administrative purposes on the lawful basis of our legitimate interests.
When do we share your personal information with any other third parties?
We may share your personal information with other third parties, for example in the context of the possible sale or restructuring of the business or an audit. If needed to comply with law and regulations, we will also need to share your personal information with a regulator, governmental agency or otherwise.
Transferring your personal information outside Europe
We share your personal data within the EmergeVest Group. This will involve transferring your personal information outside the EEA.
Many of our third-party service providers are based outside the EEA so their processing of your personal information will involve a transfer of data outside the EEA.
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is applied to it by implementing at least one of the following safeguards:
(a) we will transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries;
(b) we use specific contracts approved by the European Commission which give personal information the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries; or
(c) we will use a data transfer mechanism approved by the European Commission or the UK authorities, as appropriate, such as an equivalent to the Privacy Shield or updated Model Contracts approved by the EU Commission or the UK government.
Please contact us (preferably via email at info@emergevest.com) if you would like further information on the specific mechanism used by us when transferring your personal information out of the EEA.
6. DATA SECURITY
We have put in place appropriate security measures to protect personal information.
Third parties will only process your personal information held by us where they are obliged to treat the information confidentially and to keep it secure.
We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to access it.
They will only process your personal information on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
We endeavor to protect your personally identifiable information. We use technical, administrative and physical methods to maintain the integrity and security of our databases, including firewalls. Please be aware though that there is no such thing as "perfect security" on the internet, and third parties may unlawfully intercept or access transmissions or private communications. We will not be responsible or liable for any damages, losses or causes of action arising out of or in connection with the disclosure of your personally identifiable information.
While we strive to protect visitors' personal information, we cannot ensure or warrant the security of any information visitors transmit to us, and visitors do so at their own risk.
7. DO NOT TRACK
EmergeVest does not track its customers over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track ("DNT") signals. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your browser allows you to set the DNT signal so that third parties (particularly advertisers) know you do not want to be tracked. You should consult the help pages of your browser to learn how to set your preferences so that websites do not track you.
8. DATA RETENTION
We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider 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.
9. LINKS TO THIRD PARTY SITES
Third parties are under no obligation to comply with this Privacy Policy if you provide information directly to those third parties. EmergeVest neither owns nor controls third-party websites accessible through the Website. Therefore, before visiting a third-party website and before providing any personal information or other information to any third party, users should inform themselves of the privacy policies and practices (if any) of the third party responsible for that website, and should take those steps necessary to protect their privacy.
10. YOUR RIGHTS IN RELATION TO YOUR PERSONAL INFORMATION
Your duty to inform us of changes
It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your relationship with us.
Your rights in connection with your personal information
Under certain circumstances, under applicable data protection law (for example where the GDPR applies) you have the right to:
(a) request access to your personal information (commonly known as a "data subject access request"). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it;
(b) request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected;
(c) request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below);
(d) object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes;
(e) request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it; and
(f) request the transfer of your personal information to another party.
If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal information, or request that we transfer a copy of your personal information to another party, please contact us via email at info@emergevest.com or via the other methods set out above.
No fee usually required
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may, where the relevant law permits, charge a reasonable fee if your request for access is clearly unfounded or excessive (for example, for repeat copies). 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 information is not disclosed to any person who has no right to receive it.
Your right to withdraw consent
In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information 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 via email at info@emergevest.com or via the other methods set out above. 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.
11. NOTICE TO CALIFORNIA RESIDENTS
This section only applies to individuals who are residents of California under the California Consumer Privacy Act of 2018 ("CCPA") and other California privacy laws (together "California Laws").
(a) Personal Information Collected: Under California Laws, we must disclose the categories of personal information we have collected in the preceding 12 months, the reason we collect your personal information, where we obtain the personal information we collect about you, and the third parties with whom we share your personal information. We collect Identifiers, Personal Information under California Civil Code section 1798.80, Protected Classifications under California and Federal Law, Commercial Information, Electronic network activity information, Geolocation data, Employment-related information, and Inference data as defined and outlined in California Laws. We collect this information for the purposes outlined in this Privacy Policy. Information may be shared with third parties, such as our service providers, as described in this Privacy Policy.
(b) California Residents Privacy Rights: Under California Laws, California residents have the following rights ("Rights") listed below. Your Right to Access and Right to Deletion are not absolute and are subject to certain exceptions. For instance, we cannot disclose specific pieces of personal information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of the personal information, your account with us, or the security of our systems of networks.
(i) Disclosure & Access Rights: California residents have the right to request that we disclose to them (A) the categories of personal information we have collected about them, (B) the categories of sources from which personal information is collected, (C) the business or commercial purpose for the information collection, (D) the categories of third parties with whom we have shared personal information, and (E) the specific pieces of personal information we hold about an individual.
(ii) Deletion Rights: California residents have the right to have their personal information deleted, unless the personal information is necessary for the business or service provider to:
(A) complete a transaction for which the personal information was collected, provide a good or service requested by the residents or otherwise perform a contract between the business and the residents;
(B) detect security incidents;
(C) protect against malicious, deceptive, fraudulent or illegal activity (or prosecute those responsible);
(D) debug to identify and repair functionality errors;
(E) exercise or ensure the right of another to exercise free speech or another legal right;
(F) comply with the California Electronic Communications Privacy Act, which compels the production of or access to electronic communication information or electronic device information with a search warrant;
(G) engage in research in the public interest (if the individual has provided informed consent);
(H) to enable solely internal uses aligned with the individual's expectations given their relationship with the business;
(I) comply with a legal obligation; or
(J) otherwise use the information internally in a lawful manner compatible with the context in which the individual provided it.
(iii) Do Not Sell: Californian residents have the right to opt-out of having their personal information sold. We do not sell Personal Information.
California residents can exercise their privacy rights by contacting us at info@emergevest.com.
(c) Response Time. We will address any requests to exercise the rights described above under applicable laws in California. When a request is made, we may verify your identity to protect your privacy and security. We will respond to written rights requests within 45 days following receipt at the email or mailing address stated above. Please note that we are only required to respond to an individual twice per 12-month period.
12. LIMITATION OF LIABILITY AND DISCLAIMERS
None of EmergeVest nor its affiliates and its and their respective shareholders, directors, managers, partners, members, officers, employees, affiliates and agents assume any liabilities in respect of (a) any errors or omissions on the Website, (b) any use or reliance on the contents of the Website, or (c) any and all claims, liabilities, losses, costs or damages under any theory, including but not limited to any direct or indirect or consequential loss or damage of any kind (including any lost profits, lost savings, lost data, business interruption or other direct, indirect, punitive, special, consequential or incidental damages or claims (whether in contract, in tort or otherwise)) resulting directly or indirectly from or in connection with any access, use (or inability to use) or distribution of the Website, including damages caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction or unauthorised access to, alteration of or use of any asset, whether for breach of contract, tortious behaviour, negligence or under any other cause of action, or any Content (as defined in the "Terms of Use Agreement") obtained through the use of the Website. This is true even if EmergeVest has been advised of the possibility of such damages or losses.
All warranties (including but not limited to any warranties of merchantability, adequacy, suitability, fitness for any particular purpose, title, non-infringement, availability, freedom from viruses or malware, completeness, timeliness, functionality, sequencing, speed of delivery, accuracy, reliability, or security of information) are expressly excluded and disclaimed.
While we use reasonable efforts to obtain information from reliable sources, EmergeVest does not warrant that the information in the Website is accurate, reliable, complete, or correct, that the Website will be available at any particular time or location. Such information or materials are provided "as is" and "as available". Please be aware that there is no such thing as "perfect security" on the internet, and third parties may unlawfully intercept or access transmissions or private communications, and accordingly electronic mail and other transmissions to and from the Website or made via the Website may not be secure.
13. GOVERNING LAW
All transactions arising from use of the Website, and this Privacy Policy, shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of Hong Kong.
14. DISPUTE RESOLUTION
If you believe you have a dispute or claim against us arising out of your use of the Website or any of its content or under this Privacy Policy, you agree to first discuss the matter informally with the Company for at least 30 days. To do that, you must give us written notice, which will include your full name and contact information, the nature and basis giving rise to your dispute or claim and your proposed resolution, sent to Suite 2910A, 29/F, Skyline Tower, 39 Wang Kwong Road, Kowloon Bay, Hong Kong, for the attention of: General Counsel.
You irrevocably agree that any dispute, controversy, difference or claim arising out of or relating to your use of the Website or any of its content or under this Privacy Policy, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre ("HKIAC") under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration (as defined therein) is submitted and as may be amended by this section.
The arbitration tribunal shall consist of three arbitrators. The official language of the arbitration shall be English and the seat of the arbitration shall be Hong Kong. The award of the arbitration tribunal shall be final and binding upon the disputing parties. Any person to an award may apply to any court of competent jurisdiction for enforcement of such award and, for purposes of the enforcement of such award, the parties irrevocably and unconditionally submit to the jurisdiction of any court of competent jurisdiction and waive any defences to such enforcement based on lack of personal jurisdiction or inconvenient forum.
Any person may, to the extent permitted under the laws of the jurisdiction where the application is made, seek interim equitable relief, including an action seeking injunction or specific performance from a court or other authority with competent jurisdiction and, notwithstanding that this Privacy Policy is governed by the laws of Hong Kong, a court or authority hearing an application for interim equitable relief may apply the procedural law of the jurisdiction where the court or other authority is located in determining whether to grant the interim equitable relief. For the avoidance of doubt, this paragraph is only applicable to the seeking of interim equitable relief and does not restrict the application of this section in any way.