1. Who we are
This Privacy Notice is issued by Apex Fund Services Ltd. (AFSL), Apex Insurance Fund Services Ltd. (AIFSL) Apex Corporate Services Ltd. (ACSL) and Emerging Asset Management Ltd. (EAM) who have a registered office at Vallis Building, 4th Floor, 58 Par-la-Ville Road, Hamilton, HM11, Bermuda (together “Apex Bermuda”, “us” or “we”). Apex Bermuda is a wholly owned subsidiary of Apex Group Ltd. For more information on Apex Group please visit www.apexgroup.com.
2. About this notice
This privacy notice covers how Apex Bermuda, acting as data controller, collects, uses, transfers and stores your personal information in connection with your interactions with Apex Bermuda (as defined below) via our website, as a client, as a prospective client or as a vendor. This notice summarises the nature of the information that is stored by Apex, why and how it is used, and your rights in regard to this data, as well as the protections in place to safeguard it.
In relation to personal information processed under this privacy notice Apex is responsible for ensuring that such processing complies with applicable data protection laws, including the Personal Information Protection Act 2016 (as amended) (“PIPA”), and the European Union General Data Protection Regulation (the “GDPR”). Your privacy is important to us. Please be aware that Apex employees are required to comply with Apex's data privacy practices as set out in this privacy notice and other data privacy-related policies. This privacy notice does not apply to candidates or employees, who are covered by separate privacy notices available on relevant platforms.
3. What personal information Apex Bermuda collects and where we get it from
‘Personal information’ is any information that can be used to identify you or that we can link to you and which we have in our possession or control.
We will collect and process the following personal information about you:
Categories of Data Subjects | Personal information processed |
|---|---|
Representatives of delegates, investment funds and service providers (incl. directors) |
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Ultimate beneficial owners of delegates and service providers |
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Representatives of regulators and other public authorities |
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Representatives / employees of clients and vendors |
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Office visitors |
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Attendees of events organised by Apex Bermuda |
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Marketing recipients and subscribers to Apex Bermuda communications |
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Sensitive personal information: we may collect this where we are required to do so for the purposes of our legal and/or regulatory obligations including but not limited to those in relation to anti-money laundering and combatting the financing of terrorism. This may include information relating to your racial or ethnic origin or information relating to criminal records.
We collect this information in a variety of ways but mainly directly from you when you contact us or request information from us where we are providing services to you or we receive services from you including:
Information set out in any agreements entered into with us;
As part of the client due diligence process and through onboarding documentation, including any ongoing due diligence;
when you register for our events, subscribe to our newsletters or mailing lists;and
Personal data provided by you by way of correspondence with us by telephone, email or otherwise.
We also collect information from third parties or publicly available sources. These third parties and publicly available sources include lawyers, accountants and professional advisors, other financial institutions that process your personal information to satisfy their own regulatory requirements, credit reference agencies and financial crime databases in order to comply with our regulatory requirements as well as from other Apex companies.
Website and cookies: we may collect your Personal Data through your use of our website via cookies. These cookies help us to provide you with an optimised experience, understand how you use the website, provide personalised features and content, and to deliver advertisements. We also use cookies to ensure that our website is functioning correctly. For further information about cookies, please see our cookie notice here.
4. How do we use your data?
Categories of Data Subjects | Purpose of processing and PIPA Condition |
|---|---|
Representatives of delegates, investment funds and service providers (incl. directors) |
|
Ultimate beneficial owners of delegates and service providers |
|
Representatives of regulators and other public authorities |
|
Office visitors |
|
Attendees of events organised by Apex Bermuda |
|
Marketing recipients and subscribers to Apex Bermuda communications |
|
5. Use of AI and Automated Technologies
We may use Artificial Intelligence and automated technologies to automate some of our processes, streamlining repetitive tasks, enhancing efficiency, user experience, and security while interacting with us. We continuously review our AI systems to ensure compliance with legal and ethical standards. If you have any questions about our use of AI in relation to your personal information, or if you wish to exercise any rights related to automated decision-making, please contact us using the details set out in section 12 of this notice.
6. Disclosure and Sharing of Data
Personal Information may be disclosed to third parties in connection with the services we are providing. The recipients of such information will depend on the services that are agreed and provided.
Subject to any restrictions around confidentiality such disclosures may include:
to other entities in the Apex Group for the purposes described in this privacy notice;
to our third-party service providers (including in relation to website hosting, data analysis, client research, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, auditing and other services) and to our professional advisers and agents;
to third party advisers of clients (including external legal counsel, notaries, auditors and tax advisers);
to payment, banking and communication infrastructure providers including SWIFT, financial institutions or intermediaries with which we may have dealings (including correspondent banks), insurers/insurance brokers, central counterparties, clearing houses, clearing and settlement systems, exchanges, trading platforms, regulated markets, credit institutions and other service providers assisting on transactions;
to third party storage providers (including archive service providers and document repositories) and trade data repositories;
to third party distribution platforms and to operators of private or common carrier communications or transmission facilities, time sharing suppliers and mail or courier services;
to other deal/transaction participants including issuers, borrowers, advisers, translation service providers and within prospectuses and marketing materials;
to counterparties, vendors and beneficiaries, and other entities connected with our clients;
to other persons as agreed with a client or as required or expressly permitted by applicable law;
to central banks, regulators, trade data repositories, or approved reporting mechanisms which may be outside your country; and
to courts, litigation counterparties, law enforcement, foreign authorities and others, pursuant to subpoena or other court order or process or otherwise as reasonably necessary, including in the context of litigation, arbitration and similar proceedings to enforce our terms and conditions, and as reasonably necessary to prepare for or conduct any litigation, arbitration and/or similar proceedings and to comply with legal and regulatory requirements
Where there is a transfer within Apex or to a third party in a different jurisdiction, including, but not limited to transfers outside of the European Economic Area, we will take appropriate steps to ensure there is an adequate level of protection for personal information (which includes a legal agreement and appropriate security measures) in place in accordance with applicable legal requirements. Third parties are permitted to use the personal information only for the purposes which we have identified, and not for their own purposes, and they are not permitted to further share the information without our express permission.
7. Retention of your data
We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, and pursuant to any applicable legal and regulatory record-keeping requirements. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.
8. Data security
We have put appropriate security measures in place to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a legitimate need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.
We have put procedures in place to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
9. Your choices and rights as a data subject
You have a number of legal rights in relation to the personal information that Apex holds about you, and you can exercise your rights by contacting us using the details set out in section 12 below.
Depending on applicable law, these rights may include:
Right to access: You have the right to request information regarding the processing of your personal information and access to the personal information we hold about you.
Right to rectification: You have the right to request that Apex correct any information you believe is inaccurate. You also have the right to request Apex complete information you believe is incomplete.
Right to erasure: You are able to request we erase your personal information in certain circumstances. There may be circumstances where you request us to erase your personal information but we are legally entitled to retain it.
Right to restrict processing: You have the right to request that Apex restrict the processing of your personal information under certain conditions. There may be circumstances where you object to or ask us to restrict our processing of your personal information but we are legally entitled to refuse that request.
Right to withdraw consent: You have the right to withdraw consent at any time where the sole condition for using your personal information is your consent. Withdrawal of consent does not affect the lawfulness of use based on consent before its withdrawal.
Right to object to processing: You have the right to object to Apex’s processing of your personal information under certain conditions.
Right to data portability: You have the right to request that we transfer the data we have collected to another organisation or directly to you under certain conditions.
Right to make a complaint: You can lodge a complaint with the relevant data protection authority if you think that any of your rights have been infringed by us.
In certain circumstances, we may be unable to comply with your request, or may provide limited access to your personal information. Under PIPA, the right of access is subject to specific qualifications and exemptions, including where:
providing access would reveal personal information about another individual;
a statutory exemption under Part 4 of PIPA applies (including national security, regulatory activity, or the general exemption);
the request does not meet the procedural requirements of section 20 of PIPA; or
the Privacy Commissioner has authorised us to disregard the request.
If we are unable to comply with your request, we will notify you of the reasons and inform you of your right to lodge a complaint with the Office of the Privacy Commissioner for Bermuda.
10. Recording of communications
When individuals communicate with Apex by way of telephone conversations and electronic communications, including emails, text messages and instant messages, these may be recorded and/or monitored for evidentiary, compliance, quality assurance and governance purposes or as required by applicable law.
11. Email marketing and unsubscribing
You can stop the delivery of marketing emails from Apex at any time by unsubscribing or opting out via the link included in every email. Alternatively, you can make a direct request to unsubscribe by emailing enquiries@apex.bm.
12. How to contact us
If you have any concerns or questions about this privacy notice or would like to exercise your rights as a data subject, you can contact our Group Data Protection Officer:
Email: dpo@apexfs.com
Post: Group Data Protection Officer | Apex Group Ltd. | Vallis Building, 4th Floor | 58 Par-la-Ville Road | Hamilton, HM11 | Bermuda
13. Right to lodge a complaint with the Office of the Privacy Commissioner for Bermuda
If you are not satisfied with our response, you can make a complaint to the Office of the Privacy Commissioner for Bermuda:
Email: privacy@gov.bm
Website: www.privacy.bm/contact-us
Post: Maxwell Roberts Buildings | 4th Floor | 1 Church Street | Hamilton, HM11 | Bermuda
14. Updates
We will update this privacy notice when necessary to reflect changes in the law, our practices and in our services, as well as to ensure it is accurate and up to date. When we make an update we will amend the date at the top of this notice, you are therefore advised to check this privacy notice periodically. We may also notify you in other ways from time to time about the processing of your personal information.
