Privacy Policy

1. Introduction

ThinkCapital (referred to as we, our, us, Company) recognises the importance of ensuring the confidentiality and security of your personal information. We have created this Privacy Policy in order to communicate our data collection and processing practices to you. By utilizing our Services, it is understood that you are in agreement with our policies and procedures regarding personal information. Should you have any questions or comments regarding this, please reach out to us at [email protected]. If you do not agree with our policies, we kindly ask that you refrain from using our Services.

All third parties (including clients, suppliers, sub-contractors, or agents) who have access to or use personal information collected and held by us must abide by this Privacy Policy. ThinkCapital is responsible to protect the privacy of all personal data that acquires, and to manage the protection of privacy and the safekeeping of your personal and financial information.

The following definitions are referenced in this Privacy Policy.

• Disclosure of information means providing information to persons outside of ThinkCapital;
• Personal information means information or an opinion relating to an individual, which can be used to identify that individual;
• Sensitive information is personal information that includes information relating to a person’s racial or ethnic origin, political opinions, religion, trade union or other professional or trade association membership, sexual preferences, and criminal record, and includes health information; and
• Use of information means use of information within ThinkCapital and any affiliates. What kind of personal information does ThinkCapital collect and hold?

2. What kind of personal information does ThinkCapital collect and hold?

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

There are certain types of more sensitive personal data which require a higher level of protection, such as information about a person’s health or sexual orientation. Information about criminal convictions also warrants this higher level of protection.

We may collect and hold a range of personal information about you to provide you with our services, including:

• Identity Data includes first name, maiden name, last name, proof of identity, username or similar identifier, marital status, title, date and place of birth and gender, country of

residence and citizenship.

• Contact Data includes billing address, delivery address, email address and telephone

  numbers proof of address.

• Professional Data includes level of education, profession, employer name, work

  experience in the financial services industry, information on Client’s experience,

  knowledge in financial services industry and risks.

• Financial Data includes annual income, net worth, source of funds, anticipated account

  turnover, bank account, bank statements, payment card details and copies, E-wallet

  information.

• Technical Data includes internet protocol (IP) address, your login data, 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 this website.

• Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback, and survey responses.

• Usage Data includes information about how you use our website, products and services.

• Marketing and Communications Data includes your preferences in receiving marketing

  from us and our third parties and your communication preferences.

• Identification details such as passport or driver’s licence details;

• other personal information we require to meet your needs and provide our services to you.

  We obtain this information through your use of our services or other dealings with us including through any of our websites, apps, the account opening applications, demo sign up, webinar sign up, subscribing to news updates and from information provided in the course of ongoing customer communication.

  We collect information about visitors to our premises. We may record information on your visit, including the date and time, who you are visiting, your name, employer, contact details and vehicle registration number.

  We may record any communications, electronic, by telephone, in person or otherwise, that we have with you in relation to the services we provide to you and our relationship with you. These recordings will be our sole property and constitute evidence of the communications between us. Any telephone conversation may be recorded without the use of a warning tone or any other further notice.

3. How does ThinkCapital collect personal information?

We generally collect personal information directly from you. For example, personal information will be collected through our application processes, forms, and other interactions with you while providing you with our products and services, including when you visit our website, use a mobile app from us, call us or send us correspondence.

We may also collect personal information about you from a third party, such as electronic verification services, referrers, marketing agencies, payment service providers and financial institutions, and providers of customer support tools. If so, we will take reasonable steps to ensure that you are made aware of this Privacy Policy. We may also use third parties to analyse traffic at our website, which may involve the use of cookies. Information collected through such analysis is anonymous.

We will not collect sensitive information about you without your consent unless an exemption applies. These exceptions may include if the collection is required or authorised by the relevant law, regulations, statutes or is necessary to take appropriate action in relation to suspected unlawful activity or serious misconduct.

If the personal information we request is not provided by you, we may not be able to provide you with the benefit of our services or meet your needs appropriately.

We do not give you the option of dealing with ThinkCapital anonymously, or under a pseudonym. This is illegal for ThinkCapital to deal with individuals who do not appropriately identify themselves.

4. Unsolicited personal information

ThinkCapital may receive unsolicited personal information about you at times. We destroy or de- identify all unsolicited personal information we receive unless it is relevant to our purposes for collecting personal information. We may retain additional information we receive about you if it is combined with other information we are required or entitled to collect. If we do this, we will retain the information in the same way we hold your other personal information.

5. Who does ThinkCapital collect personal information about?

The personal information we may collect, and hold includes (but is not limited to) personal information about:

• customers;

• Potential customers;

• visitors to our website;

• introducing marketing affiliates;

• service providers or suppliers;

• prospective employees, employees, and contractors; and

• other third parties with whom we come into contact.

6. Website collection

ThinkCapital collects personal information when we receive completed online generated forms from our website www.thinkcapital.com. We may also use third parties to analyse traffic at our website, which may involve the use of cookies. Information collected through such analysis is anonymous.

To use our website, you must consent to our use of cookies. Please refer to our Cookie Policy.

7. Why does ThinkCapital collect and hold personal information?

We may use and disclose the information we collect about you for the following purposes:

• provide you with our products and services;

• review and meet your ongoing needs;

• provide you with information we believe may be relevant or of interest to you;

• let you know about other products or services we offer, send you information about

  special offers or invite you to events;

• consider any concerns or complaints you may have;

• comply with relevant laws, statutes, regulations and other legal obligations;

• help us improve the products and services offered to our customers and enhance our overall business;

  We may use and disclose your personal information for any of these purposes. We may also use and disclose your personal information for secondary purposes which are related to the primary purposes set out above, or in other circumstances authorised by law.

  Sensitive information will be used and disclosed only for the purpose for which it was provided (or a directly related secondary purpose), unless you agree otherwise, or an exemption in the relevant applies.

  Information Use

  ThinkCapital uses the personal information we collect from you to deliver our services, to provide customers support, to undertake the necessary security and identify verification checks, to comply with relevant laws, statutes and regulations and other legal obligations, to process any of your online transactions, to assist your participation in third-party promotions, meet certain business requirements and for any other purpose related to the operation of the services.

  Your personal information may also be used by us to provide you with promotional offers and information regarding our products and services and for us to better provide a range of products and services and improved customer service.

  From time-to- time, we may request information from you via surveys. Participation in these surveys is completely voluntary, and, therefore, you have the choice of whether to disclose such information. Information requested may include contact information (such as name, correspondence address, and telephone number), and demographic information (such as postal code or age).

8. Who would ThinkCapital disclose personal information to?

We may disclose personal information to:

• a related entity of ThinkCapital;

• an agent, contractor or service provider we engage to carry out our functions and activities, such as our lawyers, accountants, debt collectors or other advisers;

• organisations involved in a transfer or sale of all or part of our assets or business;

• organisations involved in managing payments, including payment merchants and

  other financial institutions, such as banks;

• regulatory bodies, government agencies, law enforcement bodies and courts;

• financial product issuers;

• anyone else to whom you authorise us to disclose it or is required by law;

  If we disclose your personal information to service providers that perform business activities for us, they may only use your personal information for the specific purpose for which we supply it. We will ensure that all contractual arrangements with third parties adequately address privacy issues, and we will make third parties aware of this Privacy Policy.

9. Sending information overseas

ThinkCapital may disclose personal information to other affiliate companies or service providers that are located in other jurisdictions in some circumstances.

10. Failure to provide personal data

ThinkCapital needs to collect your personal data as part of statutory obligations or as part of the contractual arrangements we have with you. If you fail to provide that data when requested, we will not be able to perform the contract we have or are trying to enter with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us,

11. Management of personal information

ThinkCapital recognises the importance of securing all personal information of our customers. We will take steps to ensure your personal information is protected from misuse, interference or loss, and unauthorised access, modification, or disclosure.

Your personal information is generally stored in our encrypted database on computers. Any paper files are stored and maintained in secure areas on company grounds. To ensure protection against unauthorized access, alteration, disclosure, or destruction of the data we collect and process, we have implemented and strictly adhere to robust organizational and technical measures.

12. Recording of telephone conversations and of electronic communication

We record, monitor, and process any telephone conversations and/or electronic communications between us such as through fax, email, social media, electronic messages, either initiated from the Company’s side or your side. All such communications are recorded and/or monitored and/or processed by the Company, including any telephone conversations and/or electronic communications that result or may result in transactions or client order services even if those conversations or communications do not result in the conclusion of such transactions. The content of relevant in person conversations and/or communications with you may be noted in our records. Any such records shall be provided to you upon request at the same language as the one used to provide investment services to you.

13. Direct marketing

We may only use personal information we collect from you for the purposes of direct marketing without your consent if:

• the personal information does not include sensitive information; and

• you would reasonably expect us to use or disclose the information for the purpose

  of direct marketing; and

• we provide a simple way of opting out of direct marketing; and

• you have not requested to opt out of receiving direct marketing from us.

  If we collect personal information about you from a third party, we will only use that information for the purposes of direct marketing if you have consented (or it is impracticable to obtain your consent), and we will provide a simple means by which you can easily request not to receive direct marketing communications from us. We will draw your attention to the fact you may make such a request in our direct marketing communications.

  You have the right to request us not to use or disclose your personal information for the purposes of direct marketing. We must give effect to the request within a reasonable period. You may also request that we provide you with the source of their information. If such a request is made, we must notify you of the source of the information free of charge within a reasonable period.

  14. Identifiers

  ThinkCapital does not adopt identifiers assigned by the relevant government (such as drivers’ license numbers) for our own file recording purposes, unless an exemption applies.

15. How does ThinkCapital keep personal information accurate and up to date?

We are committed to ensuring that the personal information we collect, use and disclose is relevant, accurate, complete and up to date.

We encourage you to contact us to update any personal information we hold about you. If we correct information that has previously been disclosed to another entity, we will notify the other entity within a reasonable period of the correction. Where we are satisfied information is inaccurate, we will take reasonable steps to correct the information within 30 days, unless you agree otherwise. We do not charge you for correcting the information.

We will only retain your personal information for as long as is deemed necessary or legally allowed, including for taxation, accounting, or other legal reasons. Upon the cessation of our business activities, we will either delete or anonymize your personal information. If deletion is not practical, we will securely store it and restrict its access until it is able to be deleted.

16. Accessing your personal information

Subject to the exceptions, you may gain access to the personal information that we hold about you by contacting [email protected]. We will provide access within 30 days of the individual’s request. If we refuse to provide the information, we will provide reasons for the refusal.

We will require identity verification and specification of what information is required.

17. Updates to this Privacy Policy

This Privacy Policy will be reviewed from time to time to take account of new laws, statutes, regulations and technology, or changes to our operations and the business environment.

18. Responsibilities

It is the responsibility of management to inform employees and other relevant third parties about this Privacy Policy. Management must ensure that employees and other relevant third parties are advised of any changes to this Privacy Policy. All new employees are to be provided with timely and appropriate access to this Privacy Policy, and all employees are provided with training in relation to appropriate handling of personal information. Employees or other relevant third parties that do not comply with this Privacy Policy may be subject to disciplinary action.

ThinkCapital may periodically make changes to this Privacy Policy and will appropriately reflect these changes by posting the modified terms on our website. In case of doubt, Personal Information we collect, and hold is governed by the current version of this Privacy Policy on our website at the relevant time, we recommend that you revisit this Privacy Policy regularly. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

It is important that you read this policy together with any other policy statement or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This policy supplements the other notices and is not intended to override them.

This website is not intended for children, and we do not knowingly collect data relating to children. By using our services, you certify that you are aged 18 or over.

19. Non-compliance and disciplinary actions

Privacy breaches must be reported to management by employees and relevant third parties. Ignorance of this Privacy Policy will not be an acceptable excuse for non-compliance. Employees or other relevant third parties that do not comply with this Privacy Policy may be subject to disciplinary action.

20. Incidents/Complaints handling/Making a complaint

ThinkCapital has a complaint handling process in place to manage privacy risks and issues. The complaints handling process involves:

• identifying (and addressing) any systemic/ongoing compliance problems;

• increasing consumer confidence in our privacy procedures; and

• helping to build and preserve our reputation and business.

  If you have any questions about this Privacy Policy, or wish to make a complaint about how we have handled your personal information, you can lodge a complaint with us by contacting [email protected].

21. Contractual arrangements with third parties

ThinkCapital ensures that all contractual arrangements with third parties adequately address privacy issues, and we make third parties aware of this Privacy Policy.

Third parties will be required to implement policies in relation to the management of your personal information in accordance with relevant law. These policies include:

• regulating the collection, use and disclosure of personal and sensitive information;

• de-identifying personal and sensitive information wherever possible;

• ensuring that personal and sensitive information is kept securely, with access to it only by authorised employees or agents of the third parties; and

• ensuring that the personal and sensitive information is only disclosed to organisations which are approved by us.

22. European Union and United Kingdom

This section applies to users located in the European Union or the United Kingdom. The General Data Protection Regulation (GDPR) and the United Kingdom Data Protection Regulations (UK GDPR) necessitate that we state the legal grounds for processing your personal data. Therefore, we process your information based on the following legal grounds:

• Consent: We are legally entitled to process your information if you have granted us your explicit consent to employ your personal data for a specific purpose. You are able to revoke your consent at any time. To do this, please contact us through the contact form or email us at [email protected].

• Legitimate Interest: We may use your information if it is necessary for our legitimate business interests, provided that these interests do not outweigh your interests or basic rights and freedoms, including those set forth in our Terms & Conditions and to safeguard the Company against fraud.

• Legal Obligation: We may process your information to fulfill our legal obligations, such as cooperating with law enforcement or regulatory bodies, defending our legal rights, or using your information as evidence in pertinent legal proceedings. Additionally, we may process your information if it is essential to protect your vital interests or the vital interests of others, e.g. in emergency situations where safety is at stake.

  We process personal data for the following periods of time:

1. For the purpose of performance of the contract and for the exercise of rights and obligations in connection with the contract, including any complaints, settlement of damage claims or related litigation, personal data are processed for the necessary period of time, but not more than 10 years from the termination of the last contract;

2. For the purpose of sending business communications without your given consent, personal data are processed for a maximum of 5 years from the expiry of the last contract between us or until you raise an objection or unsubscribe from the business communications;

3. For the purpose of enhancing our services, we usually process personal data for a maximum period of 6 months;

4. In order to fulfil our legal obligations, we process personal data for the period set out by the relevant legal regulations (e.g. in accordance with tax regulations for a period of 10 years from the issuance of the relevant documents for your order);

5. If you have given your consent, for the period specified in the consent.