Data Protection Notice for Clients

This Data Protection Notice (“DPN”) sets out the personal data protection policies and practices of Silverhorn Investment Advisors Limited (“Silverhorn”, “we”, “us”, or “our”), and the basis which we may use, disclose or otherwise process personal data of our clients in accordance with the Personal Data (Privacy) Ordinance (Cap. 486) (“PDPO”). This DPN applies to personal data in our possession or under our control, including personal data in the possession of organisations which we have engaged to collect, use, disclose or process personal data for our purposes.

Personal Data
Personal data” means data, whether true or not, about an individual who can be identified: (a) from that data; or (b) from that data and other information to which we have or are likely to have access.

Depending on the nature of your interaction with us, some examples of personal data which we may collect from you include name, identification numbers, residential address, email address, telephone number, nationality, gender, date of birth, employment information and financial information, investment patterns and preferences.

Purpose of Collection
From time to time it is necessary for Silverhorn’s clients to supply us with personal data in connection with on-boarding of you as our clients, processing subscriptions into investment products and/or provision of investment management services (“Services”). We need to do this as we on-board you as a client for the first time and may also need to update or confirm this information on occasion.

We generally do not collect your personal data unless (a) it is provided to us voluntarily by you directly or via a third party who has been duly authorised by you to disclose your personal data to us (your “authorised representative”) after (i) you (or your authorised representative) have been notified of the purposes for which the data is collected, and (ii) you (or your authorised representative) have provided written consent to the collection and usage of your personal data for those purposes, or (b) collection and use of personal data without consent is permitted or required by the PDPO or other laws. We shall seek your consent before collecting any additional personal data and before using your personal data for a purpose which has not been notified to you (except where permitted or authorised by law).

Any request for your personal data will only be for that we need in connection to the Services. However, failure to supply us with the requested information may result in delay or inability for us to provide the Services.

Use of Personal Data
The personal data provided in any agreement, form, survey or application form (as the case may be) will be used by Silverhorn for one or more of the purposes listed below. These purposes may continue to apply even in situations where your relationship with us has been terminated or altered in any way, for a reasonable period thereafter.

For provision of the Services including:

  • the operation or performance of the Services, or of any obligation under any agreement between us and you;
  • providing you with information, updates, market outlook and research materials in relation to the Services;
  • designing financial services or related products for your use;
  • managing your relationship with us, responding to, handling, and processing queries, requests, applications, complaints, and feedback from you; and
  • any other purpose specified in any form or document that requests your personal data.

For meeting our legal and regulatory obligations including:

  • meeting our legal and regulatory obligations in relation to checking identification and conducting background screening of our clients, and taking steps to avoid money laundering and terrorist financing;
  • meeting our legal and regulatory obligations in relation to record keeping; and
  • meeting the requirements to make disclosures under any law, regulation or court order, or under and for the purpose of any guideline issued by regulatory or other authorities.

For direct marketing to you including:

  • providing you with marketing materials and information on financial services, products and investment opportunities offered by us, our affiliates, partners or trusted third-parties;
  • inviting you to events, seminars, forums or other functions organised or sponsored by us, our affiliates, partners or trusted third-parties; and
  • providing you with marketing and advertising materials (e.g. newsletters via e-mail, online advertising) and information on charity or not-for profit events or opportunities.

For direct marketing, we may use your personal data including name, contact details, demographic data, financial information, investment patterns and preferences. The above services may be provided to you or solicited by us, any Silverhorn Group companies, partners or trusted third-parties that we work with. In addition to us marketing the above services and products, we also intend to provide your personal data described above to all or any of these parties for use by them in marketing those services, products and subjects, and we require your consent (which includes as indication of no objection) for that purpose.

Disclosure and Transfer of Personal Data
Personal data held by us will be kept confidential, but we may disclose your personal data to the following parties where such disclosure is required for performing obligations in the course of or in connection with our provision of the Services:

  1. any holding company, subsidiary, affiliate or fund under management of Silverhorn, each being a member of the “Silverhorn Group”;
  2. the service providers of Silverhorn Group including the registrar, transfer agent, custodian, administrative services agent, distributors, securities and investment service providers and the auditor of each of the investment products offered by the Silverhorn Group;
  3. any agent, contractor, or third-party service provider who provides administrative, research, design, IT, marketing, telecommunications, printing, mailing, computer, payment, securities clearing and settlement or other services to Silverhorn Group in connection with the operation of its business;
  4. the intermediaries of Silverhorn Group including third party financial intermediaries (e.g. banks, insurers, auditors); and
  5. any other party (including but not limited to, any regulatory authorities, governmental authorities, tax, law enforcement authorities) entitled thereto by law or regulation.

Such persons may be located outside of Hong Kong and your personal data may be transferred to that location.

Withdrawal of Consent
The consent that you provide for the collection, use and disclosure of your personal data will remain valid until such time it is being withdrawn by you in writing. You may withdraw consent and request us to stop collecting, using and/or disclosing your personal data for any or all of the purposes listed above by submitting your request in writing or via email to our Data Protection Officer at the contact details provided below.

Upon receipt of your written request to withdraw your consent, we may require reasonable time (depending on the complexity of the request and its impact on our relationship with you) for your request to be processed and for us to notify you of the consequences of us acceding to the same, including any legal consequences which may affect your rights and liabilities to us.

Whilst we respect your decision to withdraw your consent, please note that depending on the nature and scope of your request, we may not be in a position to continue providing the Services to you and we shall, in such circumstances, notify you before completing the processing of your request.

Please note that withdrawing consent does not affect our right to continue to collect, use and disclose personal data where such collection, use and disclose without consent is permitted or required under applicable laws.

Access to and Correction of Personal Data
You have the right to request access to and correction of your personal data in accordance with the provisions of the PDPO and to the extent permissible by the applicable laws and regulations, including the right to obtain a copy of your personal data we hold about you, and information about the ways in which we use or disclose your personal data.

Any such requests should be submitted in writing or via email to our Data Protection Officer at the contact details provided below. We will respond to your request as soon as reasonably possible. Should we not be able to respond to your request within forty (40) days after receiving your request, we will inform you in writing within forty (40) days of the time by which we will be able to respond to your request. If we are unable to provide you with any personal data or to make a correction requested by you, we shall generally inform you of the reasons why we are unable to do so (except where we are not required to do so under the PDPO).

Protection of Personal Data
We are committed to protecting the security of your personal data and safeguard the data from unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks, and constantly review and enhance our information security measures. You should be aware, however, that no method of transmission over the Internet or method of electronic storage is completely secure.

Accuracy of Personal Data
We generally rely on personal data provided by you (or your authorised representative). In order to ensure that your personal data is current, complete and accurate, please update us if there are changes to your personal data by informing our Data Protection Officer in writing or via email at the contact details provided below.

Retention of Personal Data
We may retain your personal data for as long as it is necessary to fulfil the purpose for which it was collected, or as required or permitted by applicable laws.

Data Protection Officer
You may contact our Data Protection Officer if you have any enquiries or feedback on our personal data protection policies and procedures, or if you wish to make any request, in the following manner:

Data Protection Officer
Silverhorn Investment Advisors Limited
18/F, 100QRC
100 Queen’s Road Central
Hong Kong

compliance@silverhorngroup.com

Effect of Notice and Changes to Notice
This DPN applies in conjunction with any other notices, contractual clauses and consent clauses that apply in relation to the collection, use and disclosure of your personal data by us.

We may revise this DPN from time to time without any prior notice.  We will make available the updated DPN on our website and upon request. Your continued use of our services constitutes your acknowledgement and acceptance of such changes.

Terms and Conditions

Beware that the products and services contained and described in this website are NOT intended for retail investors. 

The products and services contained and described in this website are only intended for institutional investors, professional investors and accredited investors.

Professional investors in Hong Kong include individuals and corporations with a cash and securities portfolio of at least HKD 8m (or the equivalent in any foreign currency); Accredited investors in Singapore include individuals with net assets of at least SGD 2m or financial assets of at least SGD 1m, and corporations with net assets exceeding SGD 10m (or the equivalent in any foreign currency).

TERMS AND CONDITIONS OF USE

This website contains general information on Silverhorn Group Limited and its subsidiaries (“Silverhorn”). Your use of this website confirms that you have read and agree to the “Terms and Conditions of Use” of this website. If you do not agree to these Terms and Conditions, please refrain from using this website.

Regulatory Disclosures
Silverhorn Investment Advisors Limited is a company incorporated in Hong Kong and licensed by the Securities and Futures Commission with CE Number AWE828 to carry on Type 1 (dealing in securities), Type 4 (advising on securities) and Type 9 (asset management) regulated activities under the Securities and Future Ordinance (Chapter 571 of the Laws of Hong Kong) (“SFO”). The investment products managed by Silverhorn Investment Advisors are unauthorised and are not available to the public. This website has not been reviewed by the Securities and Futures Commission.

Silverhorn Investment Advisors (Singapore) Private Limited is a company incorporated in Singapore, licensed by the Monetary Authority of Singapore with licence number CMI100970 to carry on fund management regulated activities under the Securities and Futures Act (Chapter 289 of the Laws of Singapore) (“SFA”) and exempt from holding a financial adviser’s licence under the Financial Advisers Act (Chapter 110 of the Laws of Singapore) (“FAA”). The investment products and services offered by Silverhorn Investment Advisors (Singapore) Private Limited are not authorised or recognised by the Monetary Authority of Singapore and are not available to the retail public. This website has not been reviewed by the Monetary Authority of Singapore.

No Offer or Solicitation
The information provided herein is for information purposes only and should not be construed as, an offer, or a solicitation of an offer, to buy or sell, or acting to sponsor, advocate, endorse or promote, or recommendations or other advice with respect to the purchase, sale or disposition of, or a means of reliance on which to make any investment in any product, security or investment. Nothing contained in this website constitutes financial, legal, tax, investment or other advice, nor should any investment or any other decisions be made solely based on the information in this website. It is the sole responsibility of you to independently verify that the information is suitable for your circumstances.

No Warranty; No Liability
The information on this website is provided “as is.” Although all information provided and opinions expressed on this website were obtained from sources believed to be reliable and in good faith, no representation or warranty, express or implied, is made as to its accuracy or completeness and no liability is accepted for any direct or indirect damages resulting from or arising out of the use of this information. While Silverhorn endeavours to keep current the information provided herein, such information is subject to change without further notice.

Local Restrictions
Silverhorn offers a number of products and services designed specifically for various categories of investors in various countries and regions. Not all products will be available to all investors. These products or services are only offered to such investors, in those countries and regions, in accordance with applicable laws and regulations. The information provided on this website is not intended for use by, any person or entity in any jurisdiction or country where such use would be contrary to law or regulation. All persons and entities accessing this website do so of their own initiative and are responsible for compliance with applicable local laws and regulations. All persons who wish to access this website are required to inform themselves about and to observe any legal or regulatory restrictions which may affect their eligibility to access this website. No investment products are offered or sold in any jurisdiction in which such offer, solicitation, or sale is unlawful or to any person to whom it would be unlawful to make such an offer or solicitation. Silverhorn disclaims all responsibility if you access or download any information from this website in breach of any law or regulation in the country which you are a citizen or in which you are residing or domiciled.

Risks
Investments involve risks. Investors should refer to the relevant offering document for full details before making investments. Past performance is not indicative of future performance. You should remember that the value of investments can go down as well as up and is not guaranteed. There can be no assurance
that the investment objectives of an investment product will be achieved. The actual performance realised by any given investor depends on, amongst other things, the currency fluctuations, the investment strategy invested into and the classes of interests subscribed for the period during which such interests are held. Respective investments may carry enhanced risks and should only be considered by sophisticated investors.

Copyright
All published materials and copyright, trade names, service marks, trademarks and logos displayed on this website are the property of Silverhorn and where relevant are protected by Hong Kong and international laws of copyright, trademark and other intellectual property laws. No part of the materials displayed on this website may be copied, modified, reproduced, republished, sold, distributed, transmitted, displayed or otherwise used for any purpose without the prior express authorization of Silverhorn.

COOKIES POLICY
Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. By continuing to browse the site, you are agreeing to our use of cookies.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.

We use the following cookies:

  • Strictly necessary cookies. These are cookies that are required for the operation of our website.
  • Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works.
  • Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences.
  • Targeting cookies. These cookies record your visit to our website, the pages you have visited and
    the links you have followed. We will use this information to make our website and the advertising
    displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

Please note that third parties (including, for example, advertising networks and providers of external
services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

You may block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.

Silverhorn does not accept responsibility for any interference or damage to your own computer system, the records stored thereon or those of any other person, which arises in connection with your use of this website or any linked website.

DATA PRIVACY
Silverhorn is committed to employ reasonable steps to procure the safeguarding of the personal information which you may provide to it through this website against any unauthorised access, and to the extent that Silverhorn collects any personal information Silverhorn will hold it in confidence in accordance with requirements of the applicable data protection laws.

You may refer to our data protection notice for further information.