Privacy Policy - Circumference FS (Cayman) Ltd.

This Privacy Notice is intended for clients of Circumference FS:

We are firmly committed to protecting your personal, financial and business data. We outline herein:

what personal information we collect about you;
how we obtain your personal information;
how we use your personal information;
on what basis we use your personal information;
with whom we share your personal information;
the countries to which we transfer your personal information;
how long we keep your personal information; and
your rights regarding your personal information.

What personal information do we collect about you?

The information we may collect from you includes:

information establishing your identity (for example, name, address, phone number, date of birth, etc.) and personal background (which include personal information concerning your family members, if provided to us);
information related to transactions or financial behaviour arising from your relationship with and through us, and from other financial institutions;
information you provide on an application form for any products and services; and
in respect of corporate or institutional clients (including partnerships), details about persons with an interest in clients, including but not limited to shareholders, partners, trustees, settlors, protectors, beneficiaries, staff and corporate contacts.

How do we obtain your personal information?

We may collect and confirm your information during the course of our relationship with you and will only use personal information which constitutes personal data in accordance with the relevant laws.

We may obtain this information from a variety of sources including from you, from service arrangements you make with or through us from financial institutions, from registries, from references you provide to us and from other sources

How do we use your personal information?

We may use or process your information for the following purposes:

to verify your identity;
to facilitate or otherwise assist in the provision of services provided by us to you;
to meet our regulatory and/ or legal and/or financial and/or other reporting obligations in the Cayman Islands;
to comply with laws, regulations, or court orders in any jurisdiction (whether or not the same is strictly binding or capable of being enforced);
to prevent or detect fraud, money laundering, terrorist financing or other criminal conduct (including, without limitation, compliance with our internal know your client, anti- money laundering and anti-bribery and corruption policies);
to recover a debt;
to assess and manage our operations and financial and insurance risks;
to maintain the accuracy and integrity of information held by a credit reporting agency and to perfect any security interest granted over an account with us;

On what basis do we use your personal information?

to comply with legal and regulatory obligations;
to perform our contractual obligations to you;
for legitimate business purposes. Using your personal information helps us to operate and improve our business and minimise any disruption to the services that we may offer to you;
because you have given your consent (if we expressly ask for consent to process your personal information, for a specific purpose); and
to prevent and detect crime, or for reasons of substantial public interest, and for the establishment, exercise or defence of legal claims or proceedings.

With whom do we share your personal information?

We will only disclose or transfer your information for the purposes set out in this document to:

our employees, agents and service providers and other companies within our Group, who are required to maintain the confidentiality of this information;
companies and organisations that assist us to process transactions including, but not limited to, stock exchanges and clearing houses;
regulatory, police authorities or law enforcement and fraud prevention agencies, where we or the Group are compelled or permitted or required to do so by order of a court or governmental or administrative tribunal or by law, regulation or any other legal requirement;
any person to whom we may assign or transfer our rights and/or obligations under our agreement with you or any third party as a result of a restructuring, sale or acquisition of the Group or any of its direct or indirect subsidiaries, provided that the recipient uses the information for the same purpose as it was originally supplied to us and/or used by us;
such persons as we believe are necessary where a failure to make such disclosure would result in damage to our reputation or good standing, expose us to civil or criminal prosecution in any jurisdiction; or
where failure to make such disclosure would in our opinion be prejudicial to us, or the Group, our nominees, advisors or agents; or
to such other person that we or the Group believe in good faith have a right to make a request for disclosure; and
any other person where disclosure is made at your request or with your consent (including your advisors or agents), or if otherwise permitted under our agreement with you.

Transfers of your personal information outside of your home country

This may result in certain of your personal information being transmitted through or stored or processed in other jurisdictions which may be outside the Cayman Islands and the EU, and also being subject to the laws of those jurisdictions, whether or not those jurisdictions have equivalent or adequate data protection legislation.

We will implement appropriate measures to ensure that your personal information remains protected and secure when it is transferred, in accordance with applicable data protection and privacy laws.

The measures include:

in the case of transfer of personal information to an Group company in the United States of America, entering into EU Standard Contractual Clauses with that Group company. Further details of EU Standard Contractual Clauses can be found at https:/ec.europa.eu (use the site search function to search for “model contracts for the transfer of personal data”);
ensuring that the jurisdictions into which your personal information is transferred contain equivalent data protection legislation and requirements to those of the EU; and
in the case of transfer of personal information to a third party in the United States of America, obtaining certification under the EU-US Privacy Shield. You can find more information about the EU-US Privacy Shield at https://www.privacyshield.gov/.

How long will we keep your personal information?

We will only retain the information we gather from you for a period of seven years from the date of termination of our relationship with you, or for such other period as may be required from time to time under relevant laws and regulations, including those relating to record keeping and prescription periods. Such information may be retained after your information with us has ended, and for client identification purposes in accordance with our record keeping policy.

Your rights

If you believe that any of the centrally held information, including your personal information, is incorrect or inaccurate, you should notify us so that the information can be updated or corrected, as appropriate.

You have the right to:

access your personal information
request correction, restriction, portability or erasure of the information that we process about you.

These rights are subject to any applicable exemptions under the data protection laws.

You may seek to exercise these rights at any time by sending a request by email to info@circumferencelegal.com.

You can withdraw your consent to the processing of your personal information (where we are processing your personal information based on your consent). If you object to the processing of your personal information, or if you have provided your consent to processing and you later choose to withdraw it, we will respect that choice in accordance with our legal obligations. However, this may limit or prevent us from providing the products or services you have asked for. It may also make it more difficult for us to advise you or suggest appropriate alternatives.

If you feel that we do not comply with applicable privacy rules you have the right to lodge a complaint with a competent data protection authority.

We can be contacted at: info@circumferencelegal.com