Effective Date: August 2021
Boswell Capital Management Limited (“Boswell Capital”, “we”, “us” or “our”), addresses privacy matters in accordance with relevant law. The firm follows the wider rule set regarding data collection and handling contemplated in the Personal Data (Privacy) Ordinance of Hong Kong. This Privacy Policy for our website sets forth the policies in place for the collection, use, storage, sharing, disclosure and protection (collectively, “processing”) of personal information collected from or via the Boswell Capital website (“Website”). By visiting or accessing the website, you are agreeing to the terms of the Privacy Policy and associated Terms.
Please read this Privacy Policy for clear mutual understanding. It sets forth the policies for the collection, use, storage, sharing, disclosure and protection (collectively, “processing”) of personal information collected from or through the Website.
INFORMATION WE COLLECT VIA THE WEBSITE & HOW IT MAY BE UTILIZED
In general, we use the website to explain basic information about the firm for the benefit of existing clients and prospective investors. Any personal information collected and processed via the Website is for the for the purpose of providing our financial services. You authorize us to process your personal information, subject to your right to withdraw your consent as described below in “Your Choices About Your Information.” The specific information we collect and how and why we process it depends on how and why the Website is used and includes:
• when visiting the Website, your browser makes an HTTP request to our web server. This HTTP request contains certain information logged by our web server including IP address, browser type and language, referring and exit pages and URLs, date and time, amount of time spent on particular webpages, and similar information concerning
your use of the Website;
• at times when you may choose to communicate with us by sending an email using links available on the Website, such as on the Contact page. When sending the email to us, we may collect your email address and, if you provide it, name, contact information, and other information you include.
LEGAL BASIS
The legal basis for processing your personal information depends on the personal information concerned and the context for which we are obligated to collect it. We process personal information when we have your consent, if we need to information for the purposes of administering the relationship between you and us (including communications and reporting), or when the processing is in our legitimate interests and not overridden by your fundamental rights and freedoms, such as to provide our services to you, to respond to your inquiries, to monitor and improve our services, to offer new services to you, and to comply with applicable legal or regulatory requirements (including anti-money laundering, fraud prevention, tax reporting, securities laws, sanctions compliance, or responding to requests for information from regulatory authorities). We also collect and use information about how the Website is used to improve the Website and develop new features, to prevent, detect and fight fraud or other illegal or unauthorized activities, and to enforce or exercise our legal rights.
OUR USE OF COOKIES & OTHER DATA COLLECTION SYSTEMS
The Website may from time to time use cookies, pixel tags (also known as web beacons and flash cookies) and similar technology. A cookie is a small data file that contains a unique identification number that the Website stores on your computer when you visit a particular website. The cookie stores information about your computer, the type of browser you use and how many times your computer visits a certain website. Cookies enable Boswell Capital to track how often you and other users visit the Website and the specific pages visited and other user views. You can refuse to use cookies by turning them off the function on your browser. You do not need to have cookies turned on to use the Website but may, however, find that some areas of the Website do not function normally if cookies are disabled. A pixel tag is code containing a unique identifier which enables the monitoring of user activity and traffic on the Website. We may use pixel tags to aggregate information on visits to the Website.
We do not currently (but may in the future) use Google Analytics, a Google service which collects aggregate information about use of the Website and reports activity trends. Google Analytics does not identify individual clients or other users.
Our Policy on DNT Signals (‘Do Not Track Signals”): Certain web browsers (including Safari, Internet Explorer, Firefox and Chrome) incorporate a “Do Not Track” (“DNT”) or comparable feature that signals to websites that a user does not want to have their online activity or viewing pattern tracked. If a website that responds to a particular DNT signal receives the DNT signal, the browser may block that website from collecting certain personal information about the browser’s user. DNT signals are not currently uniform and Boswell Capital’s site is not necessarily expected or equipped to respond to DNT signals.
HOW YOUR DATA IS PROTECTED & RETAINED
We maintain physical, electronic and other safeguards to protect personal information from unauthorized access, use and / or disclosure.
We restrict access to personal information to staff who have a business reason to know that information and enforce confidentiality obligations. Safeguards have been implemented so that third-party service providers protect personal information which they process on our behalf.
Although precautionary steps to help protect information that we process are taken, no system or electronic data transmission is entirely secure. Electronic transmission of your information is at your own risk and users should use appropriate measures to protect it.
RETENTION OF DATA & INFORMATION
We retain personal information as necessary for legitimate business purposes (e.g., to respond to inquiries, provide you with the services you have requested, or to comply with applicable legal, tax or accounting requirements). The criteria used to determine our retention periods include: the length of time we have an ongoing relationship with you and provide services to you (for example, for as long as you have an account and contract with us); whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); and whether retention is advisable considering our legal position (such as, for statutes of limitations, litigation or regulatory investigations). Periodically, we may review the
purpose for which personal information has been collected and delete it.
HOW WE MAY SHARE INFORMATION
We may share personal information collected through the Website with third parties for the purposes described below. By using this Website, you authorize us to share such information, subject to applicable law and your right to withdraw your consent as described in “Your Choices About Your Information” below..
For legitimate business purposes. We may make certain disclosures permitted by law for our business purposes, such as disclosures to our accountants, auditors and lawyers.
With third-party service providers.With third-party service providers. We may disclose information as needed to third-party service providers that help us operate and improve the Website, such as for hosting and maintenance, analytics and security operations.
For corporate transactions.For corporate transactions. We disclose information if we are involved in a merger, sale, acquisition, divestiture, restructuring, reorganization, dissolution, bankruptcy or other change of ownership or control.
When required by law or requested by regulators or government. Applicable law may require us and third parties which perform services on our behalf to comply with a legal process (such as a court order, subpoena or search warrant) or in connection with a government or regulatory request or investigation. In addition, we may disclose information for the prevention or detection of crime (subject in each case to applicable law). For example, we may be required to provide to government agencies identifying information about our clients and other persons pursuant to regulations designed to detect or prevent money laundering or fraud. Nothing in this Website Privacy Policy prevents reporting possible violations of law to any governmental authority or other disclosures protected under applicable law.
To protect and enforce legal rights. We also may disclose information: (i) if appropriate disclosure would mitigate our liability in an actual or threatened lawsuit; (ii) as necessary or advisable to protect the legal rights, property or safety of the firm or fund investors or (iii) to enforce our agreements and (iv) to investigate, prevent, or take action regarding illegal activity, suspected fraud or other wrongdoing.
At your request or with your consent. In certain circumstances, we may ask for your consent to share your information with third parties. When we do, we will make clear why we want to share the information.
YOUR CHOICES ABOUT YOUR INFORMATION
If you would like to review, correct, delete or restrict our use of personal information about you that you previously provided to us or if you would like to receive an electronic copy of your personal information for purposes of transmitting it to another company (in each case, when these rights are provided to you by law), please contact us using the contact information below. In your request, please clarify the personal information that your request relates to and the actions you would like us to take. For your protection, we will verify your identity before responding to your request, and will process your request in compliance with applicable law. Please note that we may not allow you to review or delete certain data for legal, security or other reasons.
YOUR EUROPEAN UNION DATA PRIVACY RIGHTS
If you are located in the European Union, you have the right to lodge a complaint with a data protection authority about how we process your personal information. Boswell Capital is the “data controller” of your personal information. As a data controller, Boswell Capital is subject to requirements under applicable data protection law and regulation, including the General Data Protection Regulation, the Data Protection Act 2018, and any other European Union member state legislation in force that regulates the processing of personal information.
We may transfer your personal information to the US where web servers are located, subject to suitable data protection safeguards when required. If you are located in the European Union, please contact us using the contact information below to learn more about our safeguards for transfers of your personal information.
LINKS TO EXTERNAL WEBSITES
The Website may include links to third-party websites and services that are not operated by us. When you click on these links, you will be directed away from the Website. A link to a third-party website or service does not mean that we endorse it or the quality or accuracy of information presented on it. If you decide to visit a third-party website or service, you are subject to its privacy practices and policies. This Website Privacy Policy does not apply to any personal information that you provide to these other websites and services.
CHANGES TO THIS WEBSITE PRIVACY POLICY
Boswell Capital may change its Website Privacy Policy from time to time. Except in the most unusual of circumstances, the measures used to inform users of such changes will be by posting the changed material on the Website in due course.
QUESTIONS
If you have any questions about our privacy practices, please feel free to contact us at: info@boswellmgmt.com