The client (“Client”) of Venus Global Opportunities LPF and/or its General Partner (individually or collectively “Venus Fund”) may from time to time be requested by Venus Fund to supply personal data relating to the Client.
For the purposes of this Statement:
“Venus Fund Group” means all and/or any of Venus Global Opportunities LPF, and/or General Partner of Venus Fund or holding companies, subsidiaries or affiliates of its General Partner, and/or subsidiaries or affiliates of such holding companies.
“Personal data” means all information recorded electronically or by other means, that is related to identified or identifiable natural persons, (i) in the case of individual account holders, joint account holders or sole proprietors, means personal data relating to the relevant individual concerned; (ii) in the case of a partnership, means personal data relating to each partner of the partnership; and (iii) in the case of a corporate entity, means personal data relating to any individual director, shareholder, officer or manager which has been provided to Venus Fund.
The Client shall provide all such personal data as shall be reasonably requested by Venus Fund in the Account Opening Form, or otherwise, and any failure to do so may result in Venus Fund being unable to open or continue the Client’s account (“Account”), or to effect transactions under the Account.
The Client understands and accepts that Venus Fund may provide personal data received from the Client to the following persons for the purposes set out in sub-paragraph (4) of this Statement:
(i) any nominees in whose name investment, securities or other assets may be registered;
(ii) any member or affiliated or related company in the Venus Fund Group including but not limited to General Partner of Venus Fund’s parent and/or subsidiary companies;
(iii) any contractor, adviser, agent or third party service provider which provides administrative, legal, background checking, certification, data processing, financial, computer, telecommunication, payment or clearing, trading, execution, professional or other services to Venus Fund in connection with the operation of its business or provision of financial services or products to the Client;
(iv) credit reference agencies, and, in the event of default, to debt collection agencies;
(v) any person with whom Venus Fund enters into or proposes to enter into a transaction with on behalf of the Client or the Account, or the persons representing the same;
(vi) any person who provides financial services or issues, distributes or provides financial products to the Client through or with Venus Fund;
(vii) any foreign or local exchanges of any kind of financial products where the Client’s orders to buy or sell such any kind of financial products are placed or transacted; or their associated clearing houses or operators;
(viii) any assignee, transferee, participant, sub-participant, delegate, successor or person to whom any agreement between the Client and Venus Fund is novated; and
(ix) any foreign or local governmental, regulatory, supervisory, tax, law enforcement or other authorities, bodies or institutions.
The Client understands and accepts that the purposes for which the personal data provided by the Client from time to time may be used are:
(i) executing or giving effect to the Client’s orders relating to transactions or otherwise, and carrying out the Client’s other instruction;
(ii) providing financial services or products to the Client or in connection with the Account, whether the services or products are provided by or through any member of Venus Fund Group or any other person;
(iii) providing personalized financial analysis and planning or designing financial services or products for the Client’s use;
(iv) marketing services or products which may be of interest to the Client;
(v) conducting credit inquiries or background checks on the Client and ascertaining the Client’s financial situation and investment objectives;
(vi) collecting of amounts due, enforcing of security, charges or other rights and interests in favour of Venus Fund or any member of Venus Fund Group;
(vii) complying with and/or enabling any affiliated or related company in the Venus Fund Group to comply with any foreign or local laws, regulations (including but not limited to Foreign Account Tax Compliance Act, Automatic Exchange Of Financial Account Information, Common Reporting Standards and similar regulations), notifications, directives, guidelines or guidance given or issued by or in agreement with any legal, regulatory, governmental, tax, law enforcement or other authorities, exchanges, or self-regulatory or industry bodies or associations of financial services providers of the relevant jurisdictions, existing currently and in the future;
(viii) complying with sanctions or prevention or detection of money laundering, terrorist financing or other unlawful activities in accordance with applicable laws and regulations and Venus Fund Group’s policies, procedures, measures and arrangements; and
(ix) other purposes related or incidental to any one or more of the above.
Venus Fund may from time to time transfer the personal data of the Client to any of the persons referred to in sub-paragraph (3) of this Statement above and for any of the purposes referred to in sub-paragraph (4) of this Statement above. The Client may request for (a) the contact details of these third parties/recipients within the Venus Fund Group and (b) further details about how they collect and process personal data of the Client by contacting Venus Fund in accordance with sub-paragraph (12) of this Statement. Venus Fund takes appropriate measures in accordance with applicable laws and regulations to safeguard the personal data of the Client transferred to such third parties from Venus Fund, including without limitation to, entering into appropriate contractual arrangements with such third parties.
The Client acknowledges and understands that under the following circumstances and to the extent allowed under applicable laws or regulations, Venus Fund may process the Client’s personal data without consent:
(i) if it is necessary for the conclusion or performance of any contract to which the Client is a party;
(ii) if it is necessary for performing statutory duties or obligations under applicable laws or regulations;
(iii) if it is necessary for responding to public health incidents or for the protection of personal and property security in the case of an emergency;
(iv) if such personal data has been disclosed publicly or through other legal channels and the processing is within a reasonable scope; or
(v) if conducted under other scenarios permitted by applicable laws and regulations.
Use of Personal Data for Know-Your-Client Requirements
The Client acknowledges and agrees that Venus Fund may collect and process certain personal data of the Client through the website or other means, including without limitation to, (i) name; (ii) biometric information such as facial image and information with respect to the key features obtained through facial recognition; (iii) bank card number; and (iv) identity card or passport.
The Client acknowledges and understands that the personal data so collected will only be used for satisfying the “know-your-client” requirements in accordance with applicable laws and regulations and Venus Fund Group’s policies and procedures.
The Client can contact Venus Fund any time in accordance with sub-paragraph (12) of this Statement to withdraw consent under this sub-paragraph but the Client acknowledges that Venus Fund is unable to continually provide any services for the Client following such withdrawal of consent.
Use of Personal Data in Direct Marketing
Venus Fund intends to use, from time to time, Client’s personal data in direct marketing of financial products and services, including but not limited to private equities, wealth management, asset management, equity financing, insurance, art pieces and other financial products and services. Only the following kinds of personal data of the Client may be used in such direct marketing:
(i) name;
(ii) gender;
(iii) date of birth;
(iv) part of identity card or passport number;
(v) contact information (including but not limited to phone number, fax number, email address, correspondence address and residential address);
(vi) information about the products and/or services the Client has purchased or applied for.
Venus Fund may not so use the data unless it has received the Client’s consent to the intended use.
The Client can contact Venus Fund any time in accordance with sub-paragraph (12) of this Statement to withdraw consent if the Client no longer wants Venus Fund to use the personal data of the Client for direct marketing. Such withdrawal of consent for using personal data in direct marketing shall not affect the Client’s consent given to Venus Fund for using personal data for other purposes as provided in this Statement.
Provision of Personal Data for Use in Direct Marketing
Venus Fund intends to provide, from time to time and for money and other property, Client’s personal data to Venus Fund Group (other than Venus Fund itself) for use by Venus Fund Group in direct marketing of financial products and services, including but not limited to private equities, wealth management, asset management, equity financing, insurance, art pieces and other financial products and services. Only the following kinds of personal data of the Client may be provided to Venus Fund Group (other than Venus Fund itself) for use by Venus Fund Group in such direct marketing:
(i) name;
(ii) gender;
(iii) date of birth;
(iv) part of identity card or passport number;
(v) contact information (including but not limited to phone number, fax number, email address, correspondence address and residential address);
(vi) information about the products and/or services the Client has purchased or applied for.
Venus Fund may not so use the data unless it has received the Client’s consent to the intended use.
The Client can contact Venus Fund any time in accordance with sub-paragraph (12) of this Statement to withdraw consent if the Client no longer wants Venus Fund to use the personal data of the Client for direct marketing. Such withdrawal of consent for using personal data in direct marketing shall not affect the Client’s consent given to Venus Fund for using personal data for other purposes as provided in this Statement.
The Client acknowledges and understands that certain personal data provided to Venus Fund may constitute sensitive personal data. Venus Fund collects and processes such data solely for the purposes in sub-paragraph (4) of this Statement above. Venus Fund commits to protect the Client’s personal data and has taken steps in this regard. In order to prevent unauthorized people or parties from being able to access the Client’s personal data, Venus Fund has put in place a range of technical and organisational measures to safeguard and secure the Client’s personal data in accordance with applicable laws and regulations.
Venus Fund will always only keep the Client’s personal data for as long as Venus Fund reasonably needs it for the purposes in sub-paragraph (4) of this Statement above or on a longer term basis in accordance with applicable laws and regulations and Venus Fund Group’s policies and procedures, or until receipt of the Client’s request to delete such personal data, subject to limitations on technical feasibility.
The Client has the right to access and request a copy of such personal data and may request the deletion, correction of the personal data (if applicable), or the withdrawal of consent. In some circumstances, the Client may also have a data portability right to require Venus Fund to transfer the Client’s personal data to a third party. Any such requests must be made in accordance with the requirement under applicable laws and regulations and shall be addressed to the Data Protection Officer of Venus Fund at the address at Unit No. 201, Building 12W, Hong Kong Science Park, Pak Shek Kok, N.T., Hong Kong. The Client can also email to [email protected] to make such request. The Client understands that a fee shall be charged by Venus Fund for repeated and unreasonable requests. For unreasonable requests which may bring risk to other individuals’ legitimate rights or are not operationally/technically feasible, Venus Fund reserves the right to decline the Client’s requests in accordance with applicable laws and regulations.
The Client acknowledges that if there is any leakage or loss of any personal data of the Client, or any other personal data breach event, while Venus Fund will take remedial measures in accordance with applicable laws and regulations and may notify or may not notify the Client in accordance with applicable laws and regulations. The Client acknowledges and agrees that Venus Fund may notify the Client of such event, if so notified, Venus Fund may use one or more methods, including without limitation, popping-up window notification on Venus Fund’s website, sending text message/emails or making calls. The Client acknowledges that Venus Fund is deemed as satisfying its notification obligation under applicable laws and regulations upon taking one of the above notification action.