CONSENT TO OUR PROCESSING OF YOUR PERSONAL DATA
Prospera Capital Limited (“Prospera”) is committed to protecting and safe-guarding your personal data. Prospera appreciates the privacy of all persons who supply personal information to us. This privacy notice describes how we collect, store and use personal information, and provides information about the rights of the individual whose information we hold. This notice is issued on behalf of Prospera and it applies to both personal information supplied to us either by an individual or by others.
As part of our operations, we will collect, use, store and disclose your personal data in accordance with the Data Protection Law (DIFC Law NO.5 of 2020 as amended from time to time) and the Data Protection Regulations (as amended from time to time (“DPL” and “DPR“) as explained in this document (the “Annex”).
YOU AGREE AND CONSENT to Prospera as well as our respective agents, authorized service providers and relevant third parties collecting, using, storing, disclosing and/or sharing your personal data in the manner set forth in this Annex.
YOU HEREBY REPRESENT AND WARRANT that all Personal Data you have submitted or will submit to us is complete, accurate, true and correct and you are responsible for keeping your personal data up to date. You acknowledge that failure on your part to do so may result in our inability to provide you with the products and services you have requested. To update your personal data, please reach out to your Relationship Manager at Prospera.
Where you provide to us personal data concerning individuals other than yourself, YOU HEREBY REPRESENT AND WARRANT that you have obtained all legally required concurrences, whether explicit or deemed, from the concerned individuals/parties and you shall retain proof of such consent(s), such proof to be provided to us upon our request.
This Annex supplements (but does not supersede or replace) any other consents which you may have previously provided to us, and it does not affect our legal rights concerning the collection, use and/or disclosure of your personal data. Any material changes to our personal data protection practices shall be notified to you.
Definition of Personal Data?
Personal data refers to any data or information about you from which you can be identified, directly or indirectly, either (a) from that data or (b) from that data and other information to which we have or are likely to have access. This includes personal details like your name, passport or other identification numbers, contact numbers, address, email, date of birth, occupation, education, income levels, bank account information and assets, transaction related information like your investment instructions, photos and videos of you from our events or office surveillances, and information about your use of our services and website, including cookies and IP address, and any other biological, physical, biometric, physiological, mental, economic, cultural or social identity factors through which you can be identified.
Confidential and Secure storage of your Personal Data
Privacy of our clients is of paramount importance to us. At each stage of data collection, use and disclosure, we implement physical, electronic, administrative and procedural safeguards to protect your personal data against loss, misuse, damage and unauthorized access, modifications or disclosures. We regularly review and enhance our security policies and measures to consistently maintain a high level of security.
Rationale for Collection, Use and Disclosure of Your Personal Data
Prospera use and/or disclose your personal data for the purpose of providing advisory and arranging services in or from the DIFC, including (a) analysing your financial situation and determining financial strategies and products suitable for you; (b) advising on financial products and services offered by financial institutions or product providers; (c) analysing and managing financial and commercial risks including preventing, detecting and investigating money laundering, terrorist / proliferation financing and crime, fraud or misuse of service; (d) updating you on your financial situation, our performance of our services to you, developments in our services and special happenings; (e) responding to your queries and instructions and handling complaints; (f) internal reporting and analysis related to our business operations; (g) maintaining records of your instructions and our interactions with you; (h) compliance with our legal and regulatory obligations under the laws of the United Arab Emirates, DIFC law and the DFSA Rulebooks; and (h) any other purposes related to the above purposes. If we wish to collect, use, retain and/or disclose your personal data for any other purposes, we will seek your consent.
How do/may we Collect Your Personal Data
We may collect your personal data ourselves or through third parties (a) during our preliminary discussions with you and when establishing our relationship with you; (b) when you interact with our employees, in particular with your Relationship Manager; (c) when you communicate with us by email or telephone, your emails will be retained and we may monitor and/or record your voice calls to us; (d) when you attend our events or enter our premises, we may take pictures or videos or you may be captured on our closed circuit television cameras surveillance; (e) when you access our website; (f) when you respond to our requests for additional personal data; and (g) when you submit your personal data to us for any other reason.
When you access our website, you generally do so anonymously. Your activity may however be monitored by cookies (small data files sent to your browser to track information about your usage of our website) or other navigational data. Should you wish to disable such cookies, you may do so by changing your browser settings. However, you may not be able to enter certain part(s) of our website.
Probable recipients of the Your Personal Data collected by us
As a norm, we shall protect and keep confidential your personal data. We will disclose your personal data only with your consent and for purposes that you have been informed about. You acknowledge that Prospera is a Data Controller (as defined in the DPL) of your personal data. You agree that, in performing our services and for the purposes described above we may disclose your personal data for the purposes set out above to parties such as (a) our group companies; (b) banks, financial institutions, credit card companies and their respective service providers; (c) companies providing services relating to insurance and/or reinsurance, and associations of insurance companies; (d) our agents, contractors or operational third party service providers; (e) our professional advisers such as our auditors and lawyers; and (f) regulators and authorities.
When we disclose your personal data to third parties, we will ensure that they are contractually bound to protect your personal data in accordance with applicable laws and regulations, save in cases where your personal data is shared with governmental agencies and regulators, or where your personal data is publicly available or where use/disclosure of your personal data is otherwise legally mandated and exempted.
If your personal data is transferred overseas, we will inform you of the extent to which your personal data will be protected in the foreign jurisdiction(s) to which it will be transferred and seek your consent.
Duration of storing and saving Your Personal Data with us
You agree that we shall store your personal data for as long as necessary to fulfil the purposes for which such data was collected, our business purposes, our internal, regulatory and legal needs or as is otherwise legally required. In general, your transactional personal data is kept for six (6) years following transactions and your other personal data six (6) years after the closing of the business relationship.
Amendment Requests, Questions and Withdrawal of Consent
If you have any queries, or you wish to access and/or correct your personal data, or you wish to withdraw your consent to our collection, use or disclosure of your personal data, please contact your Relationship Manager or submit a written request (with supporting documents, if any) to our Data Protection Officer at [email protected].
Our Data Protection Officer shall strive to respond to you within 30 days of your submission. Please note that if you withdraw your consent to any or all use or disclosure of your personal data, depending on the nature of your request, we may not be in a position to continue to provide our services or products to you or administer any contractual relationship in place. Such withdrawal may result in the termination of any agreement you may have with us. All our rights are reserved in such event.
Complaints
Should you be dissatisfied with our handling of your personal data, please submit a written complaint to our Data Protection Officer and we will ensure that the matter is thoroughly looked into, actioned and responded to.