Privacy Policy

Effective Date: 21 July 2024

  1. Introduction

The purpose of this Website Privacy Notice is to outline how we deal with personal data when you interact with us when visiting this website https://www.agpgroup.com/ (“Website”) and how we comply with the requirements under applicable law. This notice also tells you about your privacy rights under applicable law.

Our Website has been developed by AGP Capital Management Pte Ltd, (Tel: +65 6371 9881, Email: SIN.Privacy@agpgroup.com), and its subsidiaries and affiliates (“AGP Group”, “we” or “us”), who is a data controller of the personal data processed in connection with this Notice.

California residents, see our California Consumer Privacy Act disclosures [insert link].

  1. Types of Information Collected

Personal data means any information or opinion about an identified individual or from which an individual can be reasonably identified.

This may include sensitive data, being personal data which may include, but is not limited to, information or an opinion about your racial or ethnic origin, political opinions or associations, religious or philosophical beliefs, trade union membership, information about any criminal record, or health information.

The types of personal data that we will collect from you will depend on the nature of your interaction with us. We may collect, use, store and transfer different kinds of personal data about you as follows:

(a)            Contact data, including name, address, email address and telephone number.

(b)           Employment data, including the company you work for and job title.

(c)            Technical Data, including information about how you use our Website, Internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access our Website.

(d)           Marketing and communications data, including your preferences in receiving marketing from us.

(e)            Data collected via our use of cookies and similar technologies.

(f)            Your CV and any other data you provide when you apply for a role with us, including your data of birth and nationality, how to contact you, your education or work history, or other information personal data included in your CV or résumé.

From time to time, you may be able to deal with us anonymously or by pseudonym. However, where we need to collect personal data, for example, by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with products or services). In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time.

  1. Collection

We collect personal data to provide our products and services and for our business operations.

We usually receive this personal data directly from you, either because you submit the information via the Website, or because we automatically collect it from you.

We may collect information that you give to us when you or your authorised representatives interact with us, for example, if you contact us regarding an investment. We may also collect information from outside sources such as our business and commercial partners, credit reporting bodies, consultants, other customers and from publicly available sources (such as published content) and data providers, as well as information from our corporate Group members in your jurisdiction or internationally.

We also collect personal data about individuals employed by our suppliers, contractors, dealers, agents and corporate customers. We will explain why we are collecting this information and how we will use that information.

When you apply for a job or contract with us, we may collect information about you to help us decide whether to offer you the job or contract. For example, we may collect information about how to contact you, your education or work history, or other information included in your CV or résumé. To the extent permitted by applicable law, we may collect this information from you, or from any recruitment consultant, your previous employers, or other referees.

  1. Purposes for processing your personal data

We may process any personal data you provide to us to enable us to perform the contract entered into between you and us, to ensure our compliance with legal and regulatory requirements or for the purposes of our legitimate business interests, including the following:

(a)            to enable us to carry out our obligations arising from any contracts and to provide you with the information, products and services that you request from us;

(b)           to enable us to verify your identity;

(c)            to enable us to verify, facilitate, respond to and/or process an enquiry or other request you make when you contact us, including for customer services support;

(d)           to manage your relationship with us;

(e)            for purposes related to the administration of products and services offered by us;

(f)            to notify you about changes to our products and services;

(g)           for researching, designing and launching financial, investment services or related products for clients;

(h)           to enable us to issue a notice or corrective action to you in relation to any of our services, if required;

(i)             to better understand how you interact with our Website, including its functionality and features, and ensure that content is presented in the most effective manner;

(j)             to store, host and/or backup (whether for disaster recovery or otherwise) your personal data, whether within or outside your jurisdiction;

(k)           for record-keeping purpose;

(l)             to respond to requests for information from public and governmental/regulatory authorities, statutory board, related companies and for audit, compliance, investigation and inspection purposes;

(m)          to enable us to respond to an enquiry or other request you make when you contact us via our Website;

(n)           to better understand how you interact with our Website, including its functionality and features, and ensure that content is presented in the most effective manner;

(o)           to communicate and provide you with the information you have requested via our marketing materials;

(p)           to assess your suitability for a role with us;

(q)           to establish, exercise or defend a legal claim; and

(r)            for research and data analysis to improve our products and services. We may do this research or engage a service provider to do this on our behalf;

(s)            where required or permitted by law, to enforce or apply our Website Terms or other agreements, to investigate or protect the rights, property or safety of us and our corporate Group members, our products and services and our personnel, customers, or business partners or to prevent or take action regarding illegal activities or fraud, situations involving potential threats to the safety of any person or as evidence in litigation or investigations; and

(t)             or any other purpose related to the above.

  1. Marketing

We may also use your personal data to send you marketing-related information (such as newsletters) where it is linked to the products or services we are providing to you, that you have made enquiries about, where we have your consent or we are otherwise permitted by applicable law to do so. You may unsubscribe at any time by clicking on the “unsubscribe” link at the bottom of each marketing communication.

Please note that where you opt out of receiving marketing communications, we may still send you certain communications relating to your use of our products or services, such as service announcements, notices about information on the products or services and administrative messages.

  1. Cookies

We use cookies and similar technologies (“Cookies”) on our Website. For more information about what Cookies we use and why, please see our Cookie Policy https://www.agpgroup.com/cookie-policy/.

To the extent of any conflict or inconsistency between the provisions of this Website Privacy Notice and the Cookie Policy with respect to the use of cookies, the provisions of the Cookies Policy prevail.

  1. Data Retention

It is our policy to retain your personal data for the length of time required for the specific purpose or purposes for which it was collected, in accordance with applicable law.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

If we collect your personal data for recruitment purposes, we will retain this for 12 months following the recruitment process or for the duration required by applicable law. If we collect your personal data for marketing purposes, we will retain this until you unsubscribe to receiving such marketing communications, or for the duration required by applicable law.

FOR GERMANY:

In Germany, such retention obligations may arise, in particular, under the German Commercial Code (Handelsgesetzbuch) or the German Fiscal Code (Abgabenordnung), and may generally be 6 to 10 years (e.g. for contracts and business letters).

However, we may also be obliged to store some personal data for a longer time if we have to fulfill legal or statutory claims or obligations under applicable law.

When we no longer need personal data to comply with contractual or legal obligations, the personal data is deleted from our systems or anonymized.

  1. Disclosing your personal data

Your personal data may be used, disclosed, maintained, accessed, processed and/or transferred to our parent company, subsidiaries and affiliated companies, which are identified in the Website. The AGP Group will process your personal data for the same purposes as set out above. The entity which shall be primarily responsible for management of the shared personal data is AGP Capital Management Pte Ltd.

In addition, your personal data may be used, disclosed, maintained, accessed, processed and/or transferred to the following third parties, whether located in your jurisdiction or outside of your jurisdiction, for one or more of the purposes set out above:

(a)            courts and other alternative dispute forums;

(b)           banks where we facilitate opening your account for managing your portfolio(s);

(c)            third-party service providers that provide services for us that involve data processing, including sending newsletters or other marketing materials on our behalf; and

(d)           third-party service providers which require the processing of your information, for example, third-party service providers which have been engaged by us to provide and maintain any IT equipment and cloud computing system used to store and access your personal data; or

(e)            third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Website Privacy Notice.

(f)            Where we provide your personal data to third-party services providers, they are required to keep your personal data confidential and secure and must only use your personal data as instructed by us.

We may also disclose your personal data where required to respond to authorised requests from public and government/regulatory authorities, statutory boards or where required by any applicable law, including for national security. Where required by applicable law, we may also disclose your personal data where necessary to enforce agreements, to investigate or protect the rights, property or safety of AGP Group, our products and services and our personnel, customers, distributors or business partners or to prevent or take action regarding illegal activities or fraud, situations involving potential threats to the safety of any person or as evidence in litigation or investigations.

  1. Keeping your Personal Data Secure

We will take steps (including technical and organisational measures) to protect the confidentiality, integrity and availability of your personal data and in accordance with this Website Privacy Notice.

The nature of the Internet is such that we cannot guarantee or warrant the security of any information you transmit to us via the Internet and any transmission is at your own risk.

  1. Storing and Transferring your Personal Data

FOR UK/ EU / EEA:

Your personal data collected via our Website will be stored on servers located in the European Union. Generally, we do not transfer your personal data to a location outside of the United Kingdom (“UK”), or the European Union (“EU”) and the European Economic Area (“EEA”). If we do, we transfer personal data to some recipients in various jurisdictions (namely: Australia, Hong Kong, India, Japan, Singapore, United States and any locations where AGP Group business operates) outside of the UK and EU/EEA as necessary for the purposes described above, where the data protection laws may provide a different level of data protection as in in your jurisdiction and with regard to which an adequacy decision by the European Commission does not exist. The countries which provide an adequate level of data protection from a European data protection law perspective include Andorra, Argentina, Canada, Faeroe Islands, Guernsey, Israel, Isle of Man, Japan, Jersey, New Zealand, Republic of Korea, Switzerland, the United Kingdom, Eastern Republic of Uruguay and the United States (commercial organizations participating in the EU-US Data Privacy Framework). With regard to data transfers to recipients outside of the UK and EEA/EU and the aforementioned countries, we ensure we have implemented appropriate safeguards, to protect your personal data when it is transferred, in particular, we implement standard contractual clauses approved by the European Commission (2021/914/EU) pursuant to Art. 46 (2) lit. c GDPR) to address international transfers of personal data as required by applicable law. You may request a copy of the appropriate safeguards we have provided by contacting us as detailed below.

FOR SINGAPORE, AUSTRALIA & UK

Your personal data collected via our Website will be stored on servers located in Singapore, Hong Kong and India. It may also be processed by, and transferred to, AGP Group staff. By submitting your personal data to us, you agree and consent of such transfer, storing and processing. We will ensure that the personal data which we collect from you and transfer to AGP Group or third parties is adequately protected inside or outside of your jurisdiction by complying with applicable law and implementing appropriate and suitable necessary safeguards.

  1. Automated decision-making

No automated decision-making takes place.

  1. Your Rights

To the extent permitted by applicable law, you may have the right to exercise the following data protection rights depending on the jurisdiction, and applicable circumstances. Note that these rights are subject to certain exemptions according to applicable law.

  • Right of access: You may have the right to obtain from us confirmation as to whether or not personal data concerning you is processed, and, where that is the case, to request access to the personal data. The access information includes – inter alia – the purposes of the processing, the categories of personal data concerned, and the recipients or categories of recipients to whom the personal data have been or will be disclosed. However, this is not an absolute right and the interests of other individuals and/or legal or statutory prohibitions may restrict your right of access.
  • Right to obtain a copy of the personal data undergoing processing: In accordance with applicable law, we may charge a reasonable fee based on administrative costs.
  • Right to rectification: You may have the right to obtain from us the rectification of inaccurate personal data concerning you. Depending on the purposes of the processing, you may have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
  • Right to erasure (“right to be forgotten”): Under certain circumstances, you may have the right to obtain from us the erasure of personal data concerning you and we may be obliged to erase such personal data.
  • Right to restriction of processing: Under certain circumstances, you may have the right to require us to restrict the processing of your personal data. In this case, the respective data will be marked and may only be processed by us for certain purposes.
  • Right to data portability: Under certain circumstances, you may have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and you may have the right to transmit those data to another entity without hindrance from us.
  • Right to withdraw consent: If you have declared your consent for any personal data processing activities, you can withdraw this consent at any time with future effect. Such a withdrawal will not affect the lawfulness of the processing prior to the consent withdrawal.
  • Right to nominate any individual who will exercise these rights in the event of death or incapacity.
  • Right to seek redressal of grievance through our grievance redressal mechanism if you feel like we have not performed our obligations as per applicable law or this Website Privacy Notice.
  • Right to lodge a complaint with your local data protection or privacy regulator for data protection issues in your country if you feel we have infringed your rights. The following regulators in the respective jurisdictions can be contacted by telephone or by using the contact details on the website as reproduced in the table below:
Jurisdiction Regulator Website Contact Number
Singapore Personal Data Protection Commission https://www.pdpc.gov.sg/complaints-and-reviews +65 6377 3131
Australia Office of the Australian Privacy Commissioner https://forms.business.gov.au/smartforms/servlet/SmartForm.html?formCode=APC_PC&tmFormVersion 1300 363 992
Cayman Islands Office of the Ombudsman

 

https://ombudsman.ky/images/pdf/Data_Protection_Complaint_Form_v04.pdf +1 345 946 6283
India Data Protection Board of India N/A
Japan Personal Information Protection Commission https://www.ppc.go.jp/en/contactus/ +81-3-6457-9680
Netherlands National Ombudsman https://www.nationaleombudsman.nl/your-privacy#:~:text=Do%20you%20have%20a%20complaint,file%20a%20complaint%20with%20us. 0800 – 33 55 555
Poland Personal Data Protection Office https://uodo.gov.pl/en/680/1402 22 531-03-00
Sweden Swedish Authority for Privacy Protection https://www.imy.se/en/individuals/forms-and-e-services/file-a-gdpr-complaint/#:~:text=If%20you%20think%

20that%20someone,)%20using%20our%20e%2Dservice.&text=you%20provide%20contact%20details%20so%20that%20we%20can%20reach%20you.

 

+46 08-657 61 00
United Kingdom Information Commissioner’s Office https://ico.org.uk/make-a-complaint/#:~:text=Need%20help%3F,their%20office%20by%20the%20public. 0303 123 1113
United States California Privacy Protection Agency https://cppa.ca.gov/webapplications/complaint N/A

 

(k)  Right to object: Under certain circumstances, you may have the right to object, on grounds relating to your particular situation, at any time to the processing of your personal data by us and we can be required to no longer process your personal data. Moreover, if your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing. In this case your personal data will no longer be processed for such purposes by us.
  • Opt-out: In some states in the United States, you may have the right to opt out of (i) targeted advertising, (ii) the sale of personal data, or (iii) profiling in furtherance of decisions that produce legal or similarly significant effects concerning you. To provide you with more interesting and customized information, promotions, and advertising, we disclose personal data to third-party providers of advertising services who may use such personal data for their own purposes or to serve other customers, including to display our advertisements to you on sites and services that we do not operate. If you reside in certain states in the United States, you have or may soon have the right to opt out of the use of your personal data for these targeted advertising or cross-context behavioural advertising purposes. To submit such a request, please click the following link: “Do Not Sell or Share My Personal Data / Your Opt-Out Rights,” in which case we will respond to your request in accordance with applicable law.

The rights and options described above are subject to limitations and exceptions under applicable law. We will respond to your requests to exercise your privacy rights in accordance with applicable law. We may request additional information from you to verify your identity and complete your request. If we deny your request, we will explain why. In some states in the United States, you may have the right to appeal our denial of your request, which you may exercise by responding to the message we send to you communicating our denial stating that you appeal our decision. In these cases, we will reconsider your request and then notify you of our decision.

  1. Accuracy and requests for access and correction of personal data

Where you submit your personal data to us, you should ensure the personal data is accurate, and let us know promptly if the personal data changes so that we are not holding any inaccurate personal data about you.

We will take reasonable steps to ensure that the information we hold about you is relevant, accurate, up-to-date and complete.

You can request that we provide you with access to information we hold about you or ask us to correct any personal data we hold about you that is out of date, incorrect, incomplete or misleading. You can contact us by submitting a request in writing to the address set out below. If we are able to, we will action your request within a reasonable timeframe (usually within 30 days) or the duration required by applicable law following receipt of your request.

We may decline an access or correction request in circumstances prescribed by applicable law. If complying with your request for access requires considerable time and expense on our part, we may charge you a reasonable fee for providing you with information.

If we do refuse your access or correction request in accordance with applicable law, we will provide you with written reasons for our decision and, in the case of a request for correction, we will include a statement with your personal data about the requested correction (if you ask us to do so).

  1. Complaints

You may contact us at any time if you have any questions or concerns about this Website Privacy Notice or about the way in which your personal data has been handled.

You may make a complaint about privacy to our local Privacy Officer using the contact details set out below. Our local Privacy Officer will first consider your complaint to determine whether there are simple or immediate steps which can be taken to resolve the complaint.

Your complaint will then be investigated. We may ask you to provide further information about your complaint and the outcome you are seeking. We will then typically gather relevant facts, locate and review relevant documents and speak with individuals involved.

In most cases, we will investigate and respond to a complaint within a reasonable time, usually within 30 days of receipt of the complaint, or as otherwise required under applicable law. If the matter is more complex or our investigation may take longer, we will let you know.

This right to make a complaint does not affect your statutory right under applicable law to complain to your local data protection or privacy regulator for data protection issues in your country if you feel we have infringed your rights. Information and contact details of your local data protection or privacy regulator can be found above under “Your Rights”.

  1. Changes to this Website Privacy Notice

Any changes to this Website Privacy Notice in the future will be posted on this page and, where appropriate, notified to you by e-mail. The changes will be effective from the date of posting.

  1. Contact Us

If you have any questions about the processing of personal data via this Website, please contact our local Data Privacy Officer:

Data Privacy Officer Contact Details
Singapore SIN.Privacy@agpgroup.com
Australia AUS.Privacy@agpgroup.com
India IND.Privacy@agpgroup.com
UK, EU and EEA UK.Privacy@agpgroup.com
US US.Privacy@agpgroup.com

If you contact us, we will do our best to address any concerns you may have about our processing of your personal data.