1. Introduction
The objective of this Data Protection and Privacy Statement is to
inform you of how INCRED RESEARCH SERVICES PVT LIMITED (INCRED
RESEARCH) which provides or will provide services and/or products to
you, as well as its representatives, affiliates and/or agents,
(collectively referred to herein as “INCRED RESEARCH”, “us”, “we” or
“our”) manages Personal Data (as defined below). We ask that you read
this Data Protection and Privacy Statement carefully as it contains
important information about what to expect when we collect Personal
Data about you or from you and how we will use and/or disclose such
Personal Data. This Personal Data Protection Policy Statement
supplements but does not supersede or replace any other consent you
may have previously provided to INCRED RESEARCH in respect of your
Personal Data, and your consents herein are additional to any rights
to which INCRED RESEARCH may have at law to collect, use or disclose
your Personal Data.
2. Personal Data
In this Data Protection Policy Statement, “Personal Data” refers to
any data about you or a Relevant Person, such that you or such natural
person (as the case may be) 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, including
data in our records as may be updated from time to time.
Examples of such Personal Data you may provide us include
your name, company name, title, passport or other identification
number, telephone number(s), mailing address, email address, account
number, assets, income and financial situation and any other
information relating to any Relevant Person which you have provided us
in any forms you may have submitted to us in taking steps to enter or
entering into a contact to provide you with services. When we process
such Personal Data INCRED RESEARCH will rely on Contract as its lawful
basis for processing.
We may also collect personal information about you from
applications, forms or questionnaires you may complete or agreements
you enter into with us or in the course of your establishing or
maintaining a customer relationship with us, including information
about your credit history or financial situation, and your
transactions with us or others who provide services to us. Again, when
processing such Personal Data INCRED RESEARCH will be relying on
Contract as its lawful basis for processing.
We may also collect personal information about you as a result
of us recording certain telephone calls which our employees may have
with you, and storing these recordings, in order to satisfy our legal
and regulatory obligations or for INCRED RESEARCH business purposes.
Apart from Personal Data, we may collect other types of information
which is not linked to a natural person and which is anonymous. For
example, the number of website visitors and the number of website
users using a particular service. In this way, we hope to improve our
customer services.
3. Purposes for the Collection, Use and Disclosure of
Personal Data Generally, INCRED RESEARCH collects, uses and discloses
Personal Data for the following purposes:
a. processing applications for account opening, account maintenance
and operations relating to your account(s), including without
limitation, processing your applications or requests for services
and/or products, processing your transactions, operating and closing
your account(s);
b. providing services and/or products to you (including the services
and products of external providers) from time to time and dealing with
all matters relating to the services and products;
c. administration and/or managing the relationship between us and/or
your account;
d. carrying out your instructions or responding to your enquiries or
feedback;
e. conducting identity and/or credit checks, and carrying out customer
due diligence and other checks and screenings and ongoing monitoring
that may be required under any applicable law, regulation or directive
or internal policies and procedures of INCRED RESEARCH (including but
not limited to those designed to combat bribery and corrupt practices,
money laundering, terrorist financing and financial crime);
f. preventing, detecting and investigating fraud, misconduct or any
unlawful activities, whether or not requested by any relevant
governmental or regulatory authority, and analysing and managing
commercial risks;
g. complying with all applicable laws, regulations, rules, directives,
orders, instructions and requests from any governmental, tax, law
enforcement or other authorities (whether local or foreign);
h. managing INCRED RESEARCH’s infrastructure and business operations
and complying with INCRED RESEARCH’s policies and procedures that may
be required by applicable laws and regulations including those
relating to risk control, security, audit, finance and accounting,
systems and business continuity;
i. addressing or investigating any complaints, claims or disputes;
j. developing new services and/or products and updating you on our
products and services from time to time;
k. unless you have indicated your preference to opt out, providing you
with marketing, advertising and promotional information, materials
and/or documents relating to banking, investment, credit and/or
financial products and/or services that INCRED RESEARCH may be
selling, marketing, offering or promoting, whether such products or
services exist now or are created in the future;
l. carrying out research, planning and statistical analysis;
m. organizing promotional events; and
n. enforcing our legal and/or contractual rights against you
including, but not limited to, recovering any and all amounts owed to
us, (collectively, the “Purposes”)
o. all other incidental and associated purposes relating to the above
and any other purpose which a customer may from time to time agree.
p. We will not lend or sell your information to third parties.
4. Consent
INCRED RESEARCH may also use this information to provide you with
information about other services we offer that are similar to those that you have
already engaged us to provide or enquired about or to provide information
about INCRED RESEARCH by way of news letters or emails.
In such instances INCRED RESEARCH will only do so where we have either
received consent from you or we have assessed that there is a legitimate
interest for us to send you the communication. When assessing legitimate
interest, we will balance our interests with your rights and will only send
communications where you would reasonably expect to hear from us. You may
opt out of receiving this information when we collect details or at any time by
contacting us using the contact details below;
If you do not wish for us to continue to use your Personal Data or the Personal
Data provided by you to us for any of the Purposes at any time in the future, you
must notify us in writing to withdraw your consent. Depending on the
circumstances, your withdrawal of consent may result in INCRED RESEARCH’s
inability to provide you with the services and/or products that we have been
offering to you, and consequently, may result in the termination of your
relationship and/or accounts with us.
Where the personal data protection laws of the relevant jurisdictions permit us
to collect, use or disclose the Personal Data without your or the Relevant
Person’s consent, such permission granted by law will continue to apply.
5. Disclosure, Sharing and Transfer of Personal Data Overseas Subject to
the provisions of any applicable law, Personal Data may be disclosed or
transferred to, shared with or kept by the following entities, wherever
located, for any of the Purposes or for processing for any of the Purposes:
a. other members of the INCRED RESEARCH group of companies; (“Group”
means INCRED RESEARCH and any holding Company of INCRED RESEARCH and
any Company of which INCRED RESEARCH, any such holding company or
subsidiary of INCRED RESEARCH or such holding company, holds or controls
more than 20% in the nominal value of the equity share capital.)
b. other members of the INCRED RESEARCH group of companies; (“Group”
means INCRED RESEARCH and any holding Company of INCRED RESEARCH and
any Company of which INCRED RESEARCH, any such holding company or
subsidiary of INCRED RESEARCH or such holding company, holds or controls
more than 20% in the nominal value of the equity share capital.)
c. our professional advisers (including lawyers) and agents (including our
executing brokers, clearing houses and settlement agents);
d. our auditors;
e. any person to whom disclosure is permitted or required by law or any court
order;
f. any local or foreign government agencies, regulatory authorities and statutory
bodies having jurisdiction over us; and
g. any of their respective successors and assigns.
To the extent that we may need to transfer personal data outside the relevant
jurisdiction, we shall do so in accordance with the personal data protection law
of that jurisdiction to ensure that we provide a standard of protection to the
Personal Data so transferred that is comparable to the protection under that
jurisdiction.
6. Accuracy, Access and Correction
If you would like to obtain access to check for accuracy and make corrections to
your Personal Data, you may contact us in writing at the address set out in
Section 15 below referencing ‘Data Protection & Privacy Statement’. In
exceptional circumstances, we reserve the right to deny you access to your
Personal Data and may provide an explanation as required by applicable laws.
7. Retention & Erasure
INCRED RESEARCH are committed to only keeping your personal data for as long
as we need to in order to fulfil the relevant purpose(s) it was collected for, as set
out above in this notice, and for as long as we are required or permitted to keep
it by law. We shall cease to retain Personal Data, or remove the means by which
the Personal Data can e associated with particular individuals, as soon as it is
reasonable to conclude that the purpose for which that Personal Data was
collected is no longer being served by retention of the Personal Data and
retention is no longer necessary for legal or business purposes. We retain copies
of our customer contracts in order to enable us to deal with any legal issues and
the information provided to us for identification verification checks, financial
crime and anti-money laundering checks (as required by law) for up to 7 years
after termination or expiry of our contract with you. We retain details of
complaints for up to 7 years from the date of receipt.
We shall keep records of the following for up to 7 years:
• electronic communications and minutes of face-to-face
meetings;
• suitability and appropriateness assessments;
•
periodic statements (for example, valuations); and
• all orders
and transactions in financial instruments on your behalf (including
information about your identity).
8. Data Security
INCRED RESEARCH has taken and will continue to take reasonable efforts to
protect Personal Data in our possession or control by making reasonable
security arrangements to prevent unauthorised access, collection, use,
disclosure, copying, modification, disposal or similar risks. While we strive to
protect your Personal Data, we cannot ensure the security of any Personal
Datawhich you may have transmitted to us, via the Internet, and we urge you to
take every precaution to protect your Personal Data and use a secure browser.
9. Updates to The Data Protection and Privacy Statement
INCRED RESEARCH may from time to time update this Personal Data Protection
& Privacy Statement to ensure that it is consistent with our future developments,
industry trends and/or any changes in legal or regulatory requirements. Such
changes will be posted on our website. Such changes to our Data Protection &
Privacy Statement shall apply from the time that we post the same on this
website.
10. Subject Access Request
When we receive such a request, we will endeavor to provide you with these
details without delay and at the latest within one month of receipt. We may
extend the period of compliance by a further two months where requests are
complex or numerous. In such instances INCRED RESEARCH will inform you
within one month of the receipt of the request and explain why the extension is
necessary.
When INCRED RESEARCH receives a subject access request we will provide a
copy of the information held free of charge. INCRED RESEARCH may charge a
reasonable fee to comply with requests for further copies of the same
information. This does not mean that we will charge for all subsequent access
requests rather that the INCRED RESEARCH reserves the right to charge a fee
based on the administrative cost of providing the information. If the after
reviewing a request the Data Protection Officer believes a request is manifestly
unfounded or excessive, particularly if it is repetitive, then INCRED RESEARCH
may charge a ‘reasonable fee’ which will be decided on a case by case basis. In
certain circumstances INCRED RESEARCH may even refuse to respond to such
requests.
11. Your rights
You also have the following rights (unless exemptions apply), which can be
exercised by contacting us using the details provided below:
• To ask us not to process your personal data for marketing purposes;
• To prevent any processing of personal data that is causing or is likely to cause
unwarranted and substantial damage or distress to you or another individual;
• To request the rectification or completion of personal data which are
inaccurate or incomplete;
• To restrict or object to the processing of your personal data (from 25th May
2018 onwards);
• To request its erasure under certain circumstances;
• To be informed about any use of your personal data to make automated
decisions about you, and to obtain meaningful information about the logic
involved, as well as the significance and the envisaged consequences of this
processing; and
• To lodge a complaint about the way in which your personal data is being used
to your Data Protection Authority: The Information Commissioner’s Office
(United Kingdom). When you contact us to exercise any of the rights above, we
may ask you to provide some additional information in order to verify your
identity, such as your name, your address and proof of identity. If you would like
to lodge a complaint or exercise any of your rights set out above, you can
contact us at:
E-mail: compliance@incredcapital.com
12. Cookies
A cookie is an alphanumeric identifier which we transfer to your
hard drive through your web browser when you visit our website. It enables our
own system to recognise you when you visit our website again and improve our
service to you. The information is used to track visitor use of the website and to
compile statistical reports on website activity. Cookies may also be used to
compile aggregate information about areas of our website that are visited most
frequently. This traffic information can be used to enhance the content of our
website and make your use of it easier.
For further information about cookies visit www.aboutcookies.org or
www.allaboutcookies.org. If you wish to reject our cookie, you can configure
your browser to do so. However, in a few cases some of our website features
may not function if you remove cookies from your browser.
13. Third Party Websites
Our website may contain links to other websites. Please note that we are not
responsible for the privacy practices of such other websites and you are advised
to read the privacy statement of each website you visit which may collect your
Personal Data.
14. Third-party personal information
If you provide personal data to us about someone else (such as one of your
directors or employees, or someone with whom you have business dealings) you
must ensure that you are entitled to disclose that personal data to us and that,
without our taking any further steps, we may collect, use and disclose that
personal data as described in this Privacy Notice. In particular, you must ensure
the individual concerned is aware of the various matters detailed in this Privacy
Notice, as those matters relate to that individual, including our identity, how to
contact us, our purposes of collection, our personal data disclosure practices
(including disclosure to overseas recipients), the individual’s right to obtain
access to the personal data and make complaints about the handling of the
personal data, and the consequences if the personal data is not provided (such
as our inability to provide services).
15. Contacting Us
If you have any comments or questions about the collection, use or disclosure of
your Personal Data or this Data Protection and Privacy Statement, please
contact us in writing at the address below referencing ‘Data Protection and
Privacy Statement:
InCred Capital Wealth Portfolio Managers Private Limited
Unit No. 1203, 12th Floor, B Wing, The Capital,
C-70, G
Block, Bandra Kurla Complex, Bandra East
Mumbai – 400 051, India
Email: compliance@incredcapital.co