Privacy Notice - Botswana

1. Introduction and objective

Apex Fund Services (Botswana) Proprietary Limited is a fund administration services provider. We offer fund administration services across a wide range of fund types, both traditional long-only and alternative. Apex Fund Services (Botswana) Proprietary Limited also administers hedge funds and offers an end-to-end private equity and real estate fund administration services.

We are committed to the principles of respecting your privacy and keeping your personal data safe. We will use, collect and safeguard your personal data as set out below and in accordance with the Botswana Data Protection Act 18 of 2024 (“Data Protection Act”), its Regulations and any other applicable law/s.

We are obligated to comply with the Botswana Apex Fund Services (Botswana) Proprietary Limited:

We will only collect personal data that is of legitimate interest and which is useful and necessary for improving our products, services and your experience
We will maintain fairness and transparency at all times with regards to how we collect and process personal data at all times
We will never sell your personal data
We will never make decisions based solely on automated processing or profiling of personal data
We will always take the security of your personal data seriously

This Notice applies to all areas within Apex Fund Services (Botswana) Proprietary Limited where personal data is received and/or processed in connection with any services provided.

2. Definitions


applicable laws	Means all legislation that Apex Fund Services (Botswana) Proprietary Limited must adhere to, and it includes, but is not limited to, the Data Protection Act and its Regulations.
personal data	Means any information relating to an identified or identifiable natural person, or data subject and an identifiable natural person is one who can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
processing	Means any operation or set of operations which is performed on personal data or on sets of personal data, whether by automated means, and includes collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
sensitive personal data	Means personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation and includes personal data relating to a data subject which reveals — (a) commission or any alleged commission by him or her of any offence; (b) any proceedings for any offence committed or alleged to have been committed by him or her, the disposal of such proceedings, or the sentence of any court in such proceedings; and (c) genetic data, biometric data, and personal data of a minor in terms of sections 30
you or your	Means any prospective, new, or existing client, supplier, employee, service provider, partner, and other stakeholders of Apex Fund Services (Botswana) Proprietary Limited.

3. Type of personal data that we collect

Apex Fund Services (Botswana) Proprietary Limited will collect and use only as much personal data from you as is necessary to be able to provide you with the products and services you have requested from us. You may provide us with your personal data where you enter your personal data via our website, engage with us in respect of our Services, or communicate with us by phone, email or otherwise. Depending on the services, products or information you may have requested, we may collect the following personal data:

name, address, contact details, date of birth, place of birth, identity number, passport number, email address, bank details, gender, children information, employment details, tax number, marital status and financial information;
records of correspondence or enquiries;
details of transactions;
details of contracts;
details available on third-party sanctions lists; and
Certain types of sensitive personal data.

4. How we collect personal data

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;
We may also collect your personal data from your appointed agent, any regulator, or other third party that may hold such information;
We may collect personal data from sanctions screening lists hosted by third parties;
We may, from time to time, receive information about you from other companies in our network, or from publicly available sources.

5. Why we collect your personal data and the legal basis

If you are a natural person or a Juristic Person who is a client of Apex Fund Services (Botswana) Proprietary Limited, whether directly or indirectly – for example as a shareholder, or a director or officer of a corporate entity to which we provide regulated services in Botswana or a related party or advisor then we will collect and process your data to enable us to meet our contractual obligations.

We also have regulatory obligations, including compliance with anti-money laundering (“AML”) regulations which necessitate processing of your personal data.

Depending on the services you require of us we process your personal data for, alternatively in compatible with the following purposes:

To perform due diligence and comply with legal regulatory obligations (including anti-money laundering legislation);
To perform our client take on process and client reviews;
To perform transaction monitoring;
To make payments;
To raise and send invoices;
At termination of any relationship involving a data subject;
To conduct internal reviews and compile internal reports;
For internal administration such as scanning and saving of documentation;
For record keeping purposes including quality control processes;
To generate reports for data subjects;
In compliance with any request from an auditor, or a regulatory or supervisory body;
To generate and distribute legal entity correspondence;
To complete tax returns;
For the submission of FATCA/CRS reports;
In the establishment of bank accounts and interaction with banks;
To provide information to our investors, banks or other financing institution or in the event of any merger, acquisition or divestment in accordance with Apex Fund Services (Botswana) Proprietary Limited’s legitimate business interests;
To otherwise fulfil your instructions, to provide services according to our engagement, or comply with our obligations.
For the avoidance of doubt, you may refuse to provide us with your personal data. In that case, we would likely not be able to provide you with our services.

We may collect, transfer, share and otherwise process your personal data for, or relating to, the purposes of:

Fulfilling and provision of our services, products, or offerings you have requested, and
notifying you about important changes to these services, products, or offerings;
managing your account or our relationship and complying with your instructions or requests;
providing your personal data to our partners responsible for the management of the various portfolios;
detecting and preventing fraud, money laundering and terrorist financing risk in the interest of security and crime prevention;
assessing and dealing with complaints;
operational, marketing, auditing, legal and record keeping requirements;
verifying your identity;
verifying the identifies of beneficial owners of entities; and
carrying out marketing activities;

Apex Fund Services (Botswana) Proprietary Limited only processes personal data on any of the following legal basis;

the data subject has given consent to the processing of his or her personal data for one or more specific purposes;
processing is necessary for the performance of a contract to which the data subject is party or to take steps at the request of the data subject prior to entering into a contract;
processing is necessary for compliance with a legal obligation to which the data controller is subject;
processing is necessary in order to protect the vital interests of the data subject or of another natural person;
processing is necessary for the performance of a duty carried out in the public interest or in the exercise of an official authority vested in the data controller;
processing is necessary for the purposes of the legitimate interests pursued by the data controller or by a third part.

6. How we keep your information secure

Apex Fund Services (Botswana) Proprietary Limited is committed to implementing generally accepted and appropriate security and technical measures to protect such information from unauthorized access, unauthorised or accidental loss, misuse, alteration, damage and/or destruction. We store the personal data we receive in a secure database or when it concerns physical information, in a secure location onsite As Apex websites are grouped to the internet, which is inherently insecure, Apex cannot however guarantee the information you supply will not be intercepted while being transmitted over the internet. Accordingly, Apex has no responsibility or liability for the security of personal data transmitted via our website.

Only authorised Apex employees and services providers are allowed to access the data and they are legally obliged to ensure confidentiality of this information.

7. Disclosure of your personal data

We will only disclose/share your personal data, when necessary, in accordance with applicable laws and regulations. We may disclose your information to the following third parties:

Any person with legal or regulatory power that may require such disclosure on legal grounds;
Service providers engaged by us to help us run our business and in order to effectively perform our Services; and
Other entities in the Apex Group and/or its subsidiaries, agents, partners, sub-contractors (from time to time), for purposes as described in this privacy notice;
to other persons as agreed with a client or as required or expressly permitted by applicable law;

Cross-border information transfers:

Some of these third parties may situated outside Botswana. When such personal data transfers are intended, we shall guarantee that the necessary arrangements are in place to ensure adequate protection of your personal information, or the personal information entrusted to us, under the recipient’s country’s laws or in terms of an agreement with the third party. We will take appropriate steps to ensure there is an adequate level of protection for personal data (which includes a legal agreement and appropriate security measures) in place in accordance with applicable legal requirements. The third parties are permitted to use the personal data only for the purposes which we have identified, and not for their own purposes, and they are not permitted to further share the data without our express permission.

8. Retention of your personal data

We would generally retain and store your personal data on our systems for as long as is necessary to provide you the Services alternative for as long as the law permits.

9. Your rights

You have the following rights in relation to how we process your personal data:

Right of access – you have the right to know if we are processing your data and, if so, the right to access it and to receive information about how we are processing the data;
Right to rectification and/or erasure– you have the right to, where necessary and without delay, require us to rectify any errors, update and/or delete information in our possession, on reasonable grounds;
Right to restriction of processing – you have the right to restrict, where applicable, the processing of your personal data
Right to object – you have the right to object at anytime, where applicable, to the processing of personal data concerning you.
Right to data portability – you have the right to receive personal data which you have provided to a data controller provided, in a structured, commonly used and machine-readable format.

10. Changes to this privacy notice

We will update this Privacy Notice when necessary to reflect changes in the law, our used 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 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 data.

11. Complaints

If you wish to make a complaint about how we have handled your personal data and you are concerned about your privacy, you can contact itumeleng.moremong@apexgroup.com. Upon receiving a compliant we will investigate and do our best to resolve it as soon as possible.

If you are not satisfied with our response or believe we are not processing your personal data in accordance with the applicable law you can lodge a complaint to the Botswana data protection authority, Commissioner of the Information and Data Protection Commission, for further assistance.

12. Contact us

Questions, comments and the exercise of your rights regarding this Privacy Notice and your personal data are welcomed and should be addressed to itumeleng.moremong@apexgroup.com.

For further data protection and privacy notices please visit: Privacy