Effective Date: November 1, 2024
Bowrington Associates Limited, in its capacity as the General Partner of the Bowrington Limited Partnership Fund (together and with affiliates, “Bowrington”, the “Company”, “we”, “us” or “our”) is engaged in providing investment and ancillary services. In the course of our business, we collect, use, and store personal data from our investors and website users. We are committed to protecting your privacy and handling your personal data in compliance with the laws of Hong Kong, including the Personal Data (Privacy) Ordinance (Cap. 486) (“PDPO”). For the purposes of this Privacy Policy, we are a “data user” as defined under the PDPO.
This Privacy Policy outlines how we collect, use, disclose, and protect your personal data. By accessing this website or engaging with us, you acknowledge that you have read and understood this Privacy Policy and agree to our collection and use of your personal data as described herein.
1. Collection of Personal Data
We are committed to the principle of fair and transparent collection of personal data. To provide our services and to comply with our legal and regulatory obligations, we may collect and process the following types of personal data:
- Identity and Contact Information: Name, address, phone number, email address, nationality, and copies of government-issued identification documents (e.g., passport, Hong Kong Identity Card, Swiss Identity Card, Emirates ID and similar documentation).
- Financial and Investment Information: Banking details, source of funds, tax identification numbers, and any other information necessary for investor accreditation, subscription, and redemption of interests in our fund.
- Regulatory and Compliance Information: Information required for anti-money laundering (AML), counter-terrorist financing (CTF), and know-your-client (KYC) checks, including information about politically exposed persons (PEPs) or sanctioned individuals.
- Transaction Information: Details of your transactions with us, including subscription and redemption history.
- Website Usage Data: Information collected automatically when you visit our website, as detailed in the “Cookies” section below.
We will only collect personal data that is adequate, but not excessive, for the purposes for which it is collected.
2. Use of Personal Data
We will use your personal data only for the purposes for which it was collected, or for purposes directly related to our business operations, including:
- Providing Services: To process your requests, manage your investments, and provide you with services as a Limited Partner.
- Regulatory Compliance: To perform KYC, AML, and CTF checks as required by law and to report to relevant authorities.
- Communication: To communicate with you regarding your investments, services, or legal notices.
- Business Operations: For internal administration, accounting, auditing, and other business activities.
3. Disclosure of Personal Data
We will take all practicable steps to ensure that your personal data is protected against unauthorized access. We may share, transfer, or disclose your personal data to the following third parties for the purposes outlined in this policy and to meet our legal obligations:
- Fund Service Providers: Including custodians, fund administrators, auditors, and legal advisors who assist us in the operation and administration of the fund.
- Regulatory and Government Authorities: As required by law, court order, or to comply with regulatory requirements, such as reporting obligations.
- Affiliated Entities: With other business entities under common ownership or control for business reorganization, amalgamation, or other legitimate business purposes.
When we disclose your personal data to third parties, we do so under strict confidentiality obligations and only to the extent necessary to perform the designated functions. We are committed to ensuring that all third parties handle your personal data in a manner consistent with this Privacy Policy and the PDPO.
4. International Data Transfers
Given the nature of our operations, your personal data may be transferred to and processed in jurisdictions outside of Hong Kong. We take all practicable steps to ensure that your data is handled in accordance with this Privacy Policy and remains protected.
5. Data Retention
We will not retain your personal data for longer than is necessary for the fulfillment of the purposes for which it was collected. We will retain your personal data for a period that complies with our legal and regulatory obligations, particularly those related to record-keeping for financial services and AML/CTF purposes, and to address any disputes or inquiries that may arise. Once the data is no longer required, we will take all practicable steps to ensure it is securely erased.
6. Data Security
We take the security of your personal data very seriously and have implemented various measures to protect your information from unauthorized access, loss, or misuse. We maintain appropriate physical, technical, and procedural safeguards to ensure the security and confidentiality of your personal data.
7. Your Rights
Under the PDPO, you have the right to request access to and correction of your personal data held by us.
- Right of Access: You may request a copy of your personal data that we hold. We may charge a reasonable fee to cover the administrative costs of complying with your request.
- Right of Correction: If you believe that any of your personal data we hold is inaccurate, you may request that we correct it.
To exercise your rights of access or correction, please submit your request to your designated Bowrington representative by email or other written means. We will respond to your request within the timeframe prescribed by law.
8. Right to Opt-Out
You have the right to refuse or withdraw your consent to the processing of your personal data for non-essential purposes, such as direct marketing. Please note that withdrawing your consent may affect our ability to provide you with certain services. You may exercise this right by contacting your designated Bowrington representative. This opt-out request would not apply to correspondence and communications already initiated by Bowrington.
9. Cookies
When you visit our Website, our servers automatically record certain information that your web browser sends. This information may include your IP address, browser type, operating system, the domain name of your internet service provider, the date and time of your visit, and the pages you view on our Website. We use this information to improve our Website’s design, content, and to enhance your browsing experience. You may restrict, block, or delete cookies from your browser settings.
10. Changes to this Privacy Policy
We may update this Privacy Policy from time to time to reflect changes in our practices or legal requirements. When we make a material change, we will post the updated policy on our Website and revise the “Effective Date” at the top of the policy. We encourage you to review this policy periodically.
11. Governing Law
This Privacy Policy is exclusively governed by and must be interpreted in accordance with the laws of the Hong Kong Special Administrative Region.
Any dispute, controversy, or claim arising from or relating to this Privacy Policy, including any questions regarding its existence, validity, or termination, will be resolved by arbitration. The arbitration will be administered by the Hong Kong International Arbitration Centre (HKIAC) in accordance with its Administered Arbitration Rules. The arbitration will be conducted in English, with the seat of arbitration in Hong Kong. The tribunal will consist of three arbitrators: each party will appoint one arbitrator, and the two appointed arbitrators will jointly appoint a third presiding arbitrator.
By using this website, you acknowledge and agree to all the provisions of this Privacy Policy.