Five Capital Advisors (DIFC) Limited (the “Firm” or “Company) is a Private Company incorporated in the Dubai International Financial Centre (“DIFC”) and regulated by the Dubai Financial Services Authority (“DFSA”). The Company offers financial services only to Professional Clients and Market Counterparties with sufficient financial experience and understanding of financial markets, products or transactions and any associated risks. Any such products or services will be available only to Professional Clients as defined under the DFSA Conduct of Business Module. The Firm does not provide any financial services to Retail Clients.
“Data Subject” means the identified or Identifiable Natural Person to whom Personal Data relates.
“Personal Data” includes any information relating to an identified or Identifiable Natural Person to whom the Personal Data relates to. “Identifiable Natural Person” means a natural living person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one (1) or more factors specific to his biological, physical, biometric, physiological, mental, genetic, economic, cultural or social identity (and
“Identified Natural Person” is interpreted accordingly).
“Process”, “Processed”, “Processes” and “Processing” means any operation or set of operations performed upon Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage and archiving, adaptation or alteration, retrieval, consultation, use,
disclosure by transmission, dissemination, transfer or otherwise making available, alignment or combination, restricting (meaning the marking of stored Personal Data with the aim of limiting Processing of it in the future, erasure or destruction, but excluding operations or sets of operations performed on Personal Data by: (a) a natural person in the course of a purely personal or household activity that has no connection to a commercial purpose; or (b) law enforcement authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including safeguarding against and preventing threats to public security.
“Special Categories of Personal Data” includes Personal Data revealing or concerning (directly or indirectly) racial or ethnic origin, communal origin, political affiliations or opinions, religious or philosophical beliefs, criminal record, trade-union membership, and health or sex life and including genetic data and biometric data (where it is used for the purpose of uniquely identifying a natural person).
The controller is Five Capital Advisors (DIFC) Limited, Level 14, Central Park Towers, Dubai, United Arab Emirates.
The types of Personal Data we may collect include: your contact details (such as your work address, email address and work telephone number), UAE Emirates ID number, passport details, assets, transaction and/or income information and information such as your job title. In addition, we collect the Personal Data you choose to provide to us, e.g. if you contact us by letter, telephone, website, email or any other means of electronic or personal communication.
Firm may use your Personal Data for any of the following purposes:
We will Process your Personal Data for our legitimate business interests and if and to the extent the DIFC Data Protection Law provides a legal basis for us to do so. The legal basis we use will include one of the following:
Please note that we may use or disclose Personal Data, in accordance with the DIFC Data Protection Law, if we reasonably believe that use or disclosure is necessary to protect our rights and/or to comply with judicial or regulatory proceedings, a court order or other legal process.
Given the nature of our services, we do not usually collect Special Categories of Personal Data. We may collect certain Special Categories of Personal Data (for example, criminal record checks for anti-money laundering compliance purposes).
To the extent that we have a business need to collect any Special Categories of Personal Data, and are permitted to do so by DIFC Data Protection Law, we will identify the appropriate legal bases for that Processing. The legal basis for Processing Special Categories of Personal Data may include:
We may share your Personal Data with the third parties set out below:
If Five Capital appoints third parties to host, maintain, manage, or to provide other services in relation to data then your Personal Data may be accessed and used by these third parties to the extent necessary to fulfil their hosting, maintenance, managerial, and/or other functions. We may also disclose your Personal Data to the extent necessary if we enter into negotiations for a merger or acquisition. Where we do so, we will ensure that there is a written contract in place with appropriate safeguards for your Personal Data, including security measures and restrictions on the use of such data.
Five Capital may have a business need to transfer your Personal Data to countries outside of DIFC, whether to service providers, Five Capital group entities or otherwise.
Data transfers to legal entities in states outside the DIFC (known as third countries) takes place so long as:
We have implemented appropriate technical and organisational measures to protect your Personal Data in accordance with the DIFC Data Protection Law.
We retain your Personal Data as long as it is necessary to satisfy or meet the purposes for which it was obtained including applicable legal or regulatory requirements or for any minimum retention period set out in applicable law, and for any further period necessary for the specified purpose, and subject to any legal hold, in which case a new retention period will apply for the duration of that legal hold. This is also subject to any earlier valid and accepted exercise of your Data Subject Rights.Your Rights in Relation to Your Information
You have rights as a Data Subject which you can exercise under certain circumstances in relation to your Personal Data that we hold. These rights are to:
You also have the right to object to the use of your Personal Data for direct marketing at any time. We will notify you before we disclose your Personal Data for the first time to third parties or use it on your behalf for direct marketing purposes. We will provide you with the option to object to such disclosures or Processing for direct marketing purposes at any time.
Where you exercise your rights to access, rectification or erasure, we shall respond within one (1) month of such request (with certain limited exceptions). You will, in general, not have to pay a fee to exercise any of your rights mentioned in this Policy. However, we may charge a reasonable fee if your request to exercise your rights is manifestly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
When we respond to a Data Subject Access Request, we need to ensure that we do not disclose the Personal Data of any other individual, or otherwise infringe upon any other individual’s rights. We will redact or otherwise obscure any Personal Data relating to other individuals before responding. Additionally, if we have to limit the amount of Personal Data we can provide in response to a Data Subject Access Request to protect the rights of other individuals, we need to let the Data Subject know.
If your Personal Data changes, please let us know as we will update your details. This can be done via the contact details set out below.
This Policy may change and you should review it regularly and we reserve the right to update this Policy at any time. Five Capital will notify you of any material changes, by means of updating the Policy on the Firm’s website, when it is required to do so.
If you have any questions or concerns about Five Capital’s handling of your Personal Data, or about this Policy, please contact us using the contact information set out below:
Telephone Number: +971 (0)43204939