DATA PROTECTION POLICY
Rockman Capital (‘RC’), holds the following licences with the Financial Services Commission Mauritius
- CIS Manager
- Investment Advisor(unrestricted)
- Distributor of Financial Products
In the performance of its duties RC will have access to a potential client’s (‘you’) information.
The present document explains how RC will process your data.
It is mandatory for RC to abide to the Data Protection Act 2017 (DPA) which was adopted by Parliament in December 2017, and came into force on 15 January 2018. The Act is designed to strengthen the control and personal autonomy of individuals over their personal data, in line with the General Data Protection Regulation (EU) 2016/679 (‘GDPR’) RC is registered with the Data Protection Office Mauritius as a Data Controller.
It will be necessary for you to provide certain information to us in respect of your identity and other details relating to you, or, in case of an investor that is not a natural person, information relating to your officers, directors, partners, members or employees (“personal information”).
Personal information is subject to certain legal safeguards under the DPA. The DPA prescribes the way in which RC and/or our agents and service providers, may collect, retain and handle personal information.
RC will be a ‘controller’ of your personal information for the purposes of the DPA, and will process, or arrange the processing of, your personal information by our service providers, including broker-dealers and your custodian. The following information is applicable to RC’s client in all cases, and contacts/prospects in some cases, as noted below.
With whom does RC share your personal information?
RC may share certain of your personal information with the following third parties for the reasons stated below:
- Custodians who are necessary for maintaining the assets in your account with RC and are necessary to provide trade execution services for the purposes of executing investment decisions pertaining to an investment account you may have with RC;
- Advisers (e.g. auditors) to RC relating to or in connection with your investments with us;
- Law enforcement agencies; regulatory or tax authorities and other governmental or public agencies or authorities, and;
- IT/software service providers who maintain our internal networks/systems.
They may in turn use the services of their affiliates or service providers to process your personal information where necessary or appropriate. In these instances where RC shares your personal information with the third party, RC requires the recipients of that personal information to put in place the prescribed measures under the DPA to protect it.
If you do not provide the information requested, RC will not be able to provide to you the services set out in the discretionary investment, or any other contractual agreement that exists between us. RC will not be able to provide services to you without processing your personal information for the purposes identified below.
RC has reviewed the purposes and appropriateness of our activities, and those of the processors of your personal information. RC lawfully processes your data for the reasons set out below:
- To facilitate RC’s ability to perform our obligations to you under our discretionary investment mandate and other documents that together form the basis for your contractual relationships with us, as well as our ability to comply with applicable rules and regulations including the requirement to comply with any regulatory or tax reporting requirements;
- To carry out money laundering/terrorist financing checks, conflict checks, for purposes of fraud prevention, to comply with any applicable auditing or financial reporting requirements;
- To comply with information disclosure requests from regulatory, tax or other governmental or public authorities; and
- To communicate information RC thinks may be of interest to you.
In addition to the above your personal information will also be processed based on our legitimate interests including:
- To make certain assessments about you to assess your investment objectives, risk tolerance, and understanding of investment risk to assess the suitability of an investment;
- To communicate with you in respect of your investment or other products RC offers for risk assessment and control, for statistical and trend analysis, for system administration, operating, testing and support and to operate control systems and management information systems;
- To help detect, prevent, investigate, and prosecute fraud and/or other criminal activity;
- To manage our information technology and to ensure the security of our systems;
- To disclose information to a governmental, tax or regulatory body, financial market, broker or other intermediaries, counterparties, court, auditors or other third parties and to conduct compliance activities, when we think this is in any of their, or someone else’s interest, but where applicable law does not require the Investment Manager to make this disclosure or conduct these activities;
- To investigate and respond to any complaints about us and RC business or any incidents relating to RC or our business and to help maintain quality and to deal with complaints and disputes; and
- To manage and administer RC’s business and to improve relationship with you and our other investors, and assist with investor relationship management, and for marketing and business development activities and analysis.
What personal information will be collected and used?
- When processing your personal information, RC is subject to, and will comply with, the relevant requirements contained in the Data Protection Act as RC believe is applicable to us.
The types of personal information relating to you we may process include, for example:
- Your (or your officers’, directors’, partners’, members’ or employees’) name, address, date of birth and gender;
- Your (or your officers’, directors’, partners’, members’ or employees’) bank account details, source of funds/wealth information, accounts and bank statements;
- Information relating to your investment or proof of your eligibility to purchase interests in an investment product or fund; and
- Copies of your (or your officers’, directors’, partners’, members’ or employee’) passport, drivers license and other official documentation required for identity or address verification purposes.
How do we use your personal information?
RC will process your personal information to market our investment products, to process queries, applications, subscriptions and redemptions, and to otherwise undertake the necessary and appropriate actions to offer RC services and manage assets on behalf of our clients. RC will do this while complying with the applicable legal and regulatory obligations, to exercise its right at law or under contracts. RC may also process your personal information to manage and administer your investments and RC business and to improve relationships with you and our other investors, and assist with investor relationship management, and for marketing and business development activities and analysis.
RC may also use your information to provide you with information of investments or products that may interest you. If you prefer not to be contacted in connection with prospective products, please email us at firstname.lastname@example.org.
How long is your personal information retained?
RC will regularly review the personal information that we process relating to you to ensure it is accurate and up-to-date and will not retain your personal information for no longer than is necessary in relation to the purposes for which your personal information is processed, and in accordance with regulatory requirements.
Generally, we will retain your personal information concerning your investments for seven (7) years after you have exited your investment with us. Personal information may be retained for longer if it is required by law, or by a tax or regulatory authority, a law enforcement agency or other governmental or public body or considered necessary to allow us to act in accordance with our specific set of circumstances, for example, considering an actual or a potential legal action or regulatory investigations.
Your rights in relation to the personal information we process about you.
You have various rights under DPA in relation to the personal information that we process, relating to you. These include:
- The right to request access to your personal information;
- The right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal;
- The right to have your personal information rectified;
- The right to have your personal information erased;
- The right to request that your personal information is only used for restricted purposes;
- The right to object to your personal information being processed, for example, for marketing;
- (in some circumstances) The right to require certain of your personal information to be transferred to you or a third party; and
- The right to lodge a complaint with the relevant data regulatory body.
For more information about your rights under the new Data Protection legislation, please consult the Data Protection Office website: govmu.org/
You can seek to exercise any of these rights by contacting us.