Data Protection Notice for Clients

This Data Protection Notice (“DPN”) sets out the personal data protection policies and practices of Silverhorn Investment Advisors Limited (“Silverhorn”, “we”, “us”, or “our”), and the basis which we may use, disclose or otherwise process personal data of our clients in accordance with the Personal Data (Privacy) Ordinance (Cap. 486) (“PDPO”). This DPN applies to personal data in our possession or under our control, including personal data in the possession of organisations which we have engaged to collect, use, disclose or process personal data for our purposes.

Personal Data
“Personal data” means data, whether true or not, about an individual who can be identified: (a) from that data; or (b) from that data and other information to which we have or are likely to have access.

Depending on the nature of your interaction with us, some examples of personal data which we may collect from you include name, identification numbers, residential address, email address, telephone number, nationality, gender, date of birth, employment information and financial information, investment patterns and preferences.

Purpose of Collection
From time to time it is necessary for Silverhorn’s clients to supply us with personal data in connection with on-boarding of you as our clients, processing subscriptions into investment products and/or provision of investment management services (“Services”). We need to do this as we on-board you as a client for the first time and may also need to update or confirm this information on occasion.

We generally do not collect your personal data unless (a) it is provided to us voluntarily by you directly or via a third party who has been duly authorised by you to disclose your personal data to us (your “authorised representative”) after (i) you (or your authorised representative) have been notified of the purposes for which the data is collected, and (ii) you (or your authorised representative) have provided written consent to the collection and usage of your personal data for those purposes, or (b) collection and use of personal data without consent is permitted or required by the PDPO or other laws. We shall seek your consent before collecting any additional personal data and before using your personal data for a purpose which has not been notified to you (except where permitted or authorised by law).

Any request for your personal data will only be for that we need in connection to the Services. However, failure to supply us with the requested information may result in delay or inability for us to provide the Services.

Use of Personal Data
The personal data provided in any agreement, form, survey or application form (as the case may be) will be used by Silverhorn for one or more of the purposes listed below. These purposes may continue to apply even in situations where your relationship with us has been terminated or altered in any way, for a reasonable period thereafter.

For provision of the Services including:

• the operation or performance of the Services, or of any obligation under any agreement between us and you;
• providing you with information, updates, market outlook and research materials in relation to the Services;
• designing financial services or related products for your use;
• managing your relationship with us, responding to, handling, and processing queries, requests, applications, complaints, and feedback from you; and
• any other purpose specified in any form or document that requests your personal data.

For meeting our legal and regulatory obligations including:

• meeting our legal and regulatory obligations in relation to checking identification and conducting background screening of our clients, and taking steps to avoid money laundering and terrorist financing;
• meeting our legal and regulatory obligations in relation to record keeping; and
• meeting the requirements to make disclosures under any law, regulation or court order, or under and for the purpose of any guideline issued by regulatory or other authorities.

For direct marketing to you including:

• providing you with marketing materials and information on financial services, products and investment opportunities offered by us, our affiliates, partners or trusted third-parties;
• inviting you to events, seminars, forums or other functions organised or sponsored by us, our affiliates, partners or trusted third-parties; and
• providing you with marketing and advertising materials (e.g. newsletters via e-mail, online advertising) and information on charity or not-for profit events or opportunities.

For direct marketing, we may use your personal data including name, contact details, demographic data, financial information, investment patterns and preferences. The above services may be provided to you or solicited by us, any Silverhorn Group companies, partners or trusted third-parties that we work with. In addition to us marketing the above services and products, we also intend to provide your personal data described above to all or any of these parties for use by them in marketing those services, products and subjects, and we require your consent (which includes as indication of no objection) for that purpose.

Disclosure and Transfer of Personal Data
Personal data held by us will be kept confidential, but we may disclose your personal data to the following parties where such disclosure is required for performing obligations in the course of or in connection with our provision of the Services:

1. any holding company, subsidiary, affiliate or fund under management of Silverhorn, each being a member of the “Silverhorn Group”;
2. the service providers of Silverhorn Group including the registrar, transfer agent, custodian, administrative services agent, distributors, securities and investment service providers and the auditor of each of the investment products offered by the Silverhorn Group;
3. any agent, contractor, or third-party service provider who provides administrative, research, design, IT, marketing, telecommunications, printing, mailing, computer, payment, securities clearing and settlement or other services to Silverhorn Group in connection with the operation of its business;
4. the intermediaries of Silverhorn Group including third party financial intermediaries (e.g. banks, insurers, auditors); and
5. any other party (including but not limited to, any regulatory authorities, governmental authorities, tax, law enforcement authorities) entitled thereto by law or regulation.

Such persons may be located outside of Hong Kong and your personal data may be transferred to that location.

Withdrawal of Consent
The consent that you provide for the collection, use and disclosure of your personal data will remain valid until such time it is being withdrawn by you in writing. You may withdraw consent and request us to stop collecting, using and/or disclosing your personal data for any or all of the purposes listed above by submitting your request in writing or via email to our Data Protection Officer at the contact details provided below.

Upon receipt of your written request to withdraw your consent, we may require reasonable time (depending on the complexity of the request and its impact on our relationship with you) for your request to be processed and for us to notify you of the consequences of us acceding to the same, including any legal consequences which may affect your rights and liabilities to us.

Whilst we respect your decision to withdraw your consent, please note that depending on the nature and scope of your request, we may not be in a position to continue providing the Services to you and we shall, in such circumstances, notify you before completing the processing of your request.

Please note that withdrawing consent does not affect our right to continue to collect, use and disclose personal data where such collection, use and disclose without consent is permitted or required under applicable laws.

Access to and Correction of Personal Data
You have the right to request access to and correction of your personal data in accordance with the provisions of the PDPO and to the extent permissible by the applicable laws and regulations, including the right to obtain a copy of your personal data we hold about you, and information about the ways in which we use or disclose your personal data.

Any such requests should be submitted in writing or via email to our Data Protection Officer at the contact details provided below. We will respond to your request as soon as reasonably possible. Should we not be able to respond to your request within forty (40) days after receiving your request, we will inform you in writing within forty (40) days of the time by which we will be able to respond to your request. If we are unable to provide you with any personal data or to make a correction requested by you, we shall generally inform you of the reasons why we are unable to do so (except where we are not required to do so under the PDPO).

Protection of Personal Data
We are committed to protecting the security of your personal data and safeguard the data from unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks, and constantly review and enhance our information security measures. You should be aware, however, that no method of transmission over the Internet or method of electronic storage is completely secure.

Accuracy of Personal Data
We generally rely on personal data provided by you (or your authorised representative). In order to ensure that your personal data is current, complete and accurate, please update us if there are changes to your personal data by informing our Data Protection Officer in writing or via email at the contact details provided below.

Retention of Personal Data
We may retain your personal data for as long as it is necessary to fulfil the purpose for which it was collected, or as required or permitted by applicable laws.

Data Protection Officer
You may contact our Data Protection Officer if you have any enquiries or feedback on our personal data protection policies and procedures, or if you wish to make any request, in the following manner:

Data Protection Officer
Silverhorn Investment Advisors Limited
18/F, 100QRC
100 Queen’s Road Central
Hong Kong

[email protected]

Effect of Notice and Changes to Notice
This DPN applies in conjunction with any other notices, contractual clauses and consent clauses that apply in relation to the collection, use and disclosure of your personal data by us.

We may revise this DPN from time to time without any prior notice.  We will make available the updated DPN on our website and upon request. Your continued use of our services constitutes your acknowledgement and acceptance of such changes.