Effictive Date: March 17, 2020

PRIVACY POLICY

AMLAK DIGITAL SPC LIMITED, a Company incorporated in RAK ICC; UAE, formed as a Segregated Portfolio Company with limited liability (the “Company”) and its subsidiaries (referred to collectively as the “Company” and/or “we” and/or “our”) are committed to respecting the privacy of all individuals.

·         Introduction

The purpose of this Privacy Policy (“Privacy Policy”) is to provide you with information on our use of your personal data, providing that this Privacy Policy is consistent with the Emirates Federal Decree-Law No. 45 of 2021 regarding personal data protection, which was announced by the UAE Cabinet Office on 27^th November 2021 (“DPL”).

The DPL introduces legal requirements based on internationally accepted principles of data privacy and is the principal legislation regulating general data privacy in the UAE. 

This Privacy Policy, our website terms and conditions and any other agreements between you and us, set out the basis on which the Company processes personal data and are binding agreements. You are encouraged to carefully read out this Privacy Policy to understand our views and practices regarding how we handle personal data.

For the purposes of applicable data protection laws (in particular, the DPL), the Company is the “data controller” of your personal data.

·         How Your Personal Data Is Collected

We will collect and process the following personal data:

o  Information you give us:

• If you are inquiring about, viewing or using our products and services, including, where you invest, then we will process your personal data – including your name, address, e-mail address and phone number, financial information, bank account details (including account number, bank name and IBAN), credit/debit card details, transaction amount, transaction currency, transaction time, transactional details, purchase and investment details, personal description, photograph, identification documentation, including your passport or residency permit or other identification cards, information about your dependents or beneficiaries, as well as information about your investments contributed through the Company.
• You may give us information about you when you correspond with us by phone, e-mail or other electronic means, or in writing. This includes information you provide when you subscribe to the Company, search our website, make inquiries, submit information or content to our website, when you report a problem with our website – including your name, email address, postal address, telephone and fax.
• Information we collect about you regarding each of your visits to our website we will automatically collect the following information:
  1. technical information, including the Internet Protocol (IP) address used to connect your computer or mobile or any other devices to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; and
  2. information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our website (including date and time); products, services or issues you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.

o  Information we receive from other sources:

• We also work closely with third parties (for example, real estate agencies, persons active in the real estate industry, commercial agents, lettings agents, landlords, new home developers, overseas homeowners administrators, banks as well as other financial institutions, business partners, placement agents, introducers, legal, accounting, consultants, sub-contractors in technical, payment and delivery services, analytics providers, search information providers and KYC providers) and may receive information about you from them.
• Public information about you, including public record searches, bankruptcy filings, pending litigation, judgments and liens, and criminal databases for use in required “Know Your Customer” activities, Anti-Money Laundering activities, sanctions screening, and other legal requirements to which we are subject.
• Information about other people: If you provide information to us about any person other than yourself, such as your relatives, your executors, next of kin, your advisers, your business partners, or your suppliers, you must ensure that they understand how their information will be used, and that they have given their permission for you to disclose it to us and for you to allow us, and our outsourced service providers, to use it.

·         Purposes and Legal Basis

• We will ask you for consent to collect or process your personal data on certain occasions, for example, and as stated below, where necessary in order to contact you with information about products and services that might be of interest to you.
• We also process your personal data when we need to do this to fulfil a contract with you, such as to give effect to your investment (including verifying your identity), or when required by law, such as if we receive a request from law enforcement or other government officials.
• We also process your personal when:

1. we will use your personal data to provide services to you, including acts we need to perform in relation to an initial investment from you, and to respond to any comments or requests you may send us;
2. we monitor use of our website, and use your personal data to help us monitor, improve and protect our services and website, both online and offline;
3. we monitor investor accounts to prevent, investigate and/or report fraud, terrorism, misrepresentation, security incidents or crime, in accordance with applicable law;
4. we will use personal data in connection with legal claims, compliance, regulatory and investigative purposes as necessary (including disclosure of such information in connection with legal process or litigation); and
5. we have to ensure the security and integrity of our website.

·         Disclosure of Your Personal Data

• We may share your personal data with our subsidiaries and/or affiliates
  1. to manage, administer, operate and service the Company; and
  2. to the following individuals employed by the Company, subsidiaries or affiliates on a need-to-know basis, including without limitation, their respective attorneys, compliance professionals, human resources personnel, internal auditors, accountants, and members of senior management as well as board directors and shareholders.
• We will also share your personal data with trusted third parties including:
  1. banks and other financial institutions which, for example, act as administrators, facilitators, trustees, brokers or custodians on behalf of the Company;
  2. firms conducting anti-money laundering, know your customer and tax review, including FATCA, with respect to the Company’s onboarding of new investors and updating investor information as may be required;
  3. legal, accounting, and other advisers, consultants and professional experts, correspondents, sellers, buyers, and suppliers and service providers of any of the above, and each of their associated businesses;
  4. business partners, suppliers and sub-contractors only for the purposes of performance of any contract we enter into with them or you. We take reasonable steps to ensure that our staff protect your personal data, and are aware of their information security obligations;
  5. real estate and placement agents, managers and introducers; and
  6. analytics and search engine providers that assist us in the improvement and optimization of our website.
• We may disclose your personal data to third parties:
  1. if we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
  2. if the Company, its business, or its assets are acquired by a third party, in which case personal data held by it about its users, suppliers, or customers will be one of the transferred assets;
  3. if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions and other agreements; or if we reasonably consider this necessary; or to protect the rights, property, or safety of the Company, our users, our customers, or others; and
  4. for the purposes of crime prevention and fraud protection.

·         Marketing Communications

We, or trusted third parties on our behalf, may contact you by email or post with information about properties, products and services that might be of interest to you. Where necessary, as we may determine, at the time that you provide your personal data to us, you will be given the opportunity to indicate whether or not you are happy for us to use your personal data in order to tell you about such products or services.

·         Where We Store Your Personal Data and How We Protect it

• Some of the Company subsidiaries and/ or affiliates and third parties to whom the Company discloses your personal data (as described above) are located in countries outside the UAE that do not provide a level of protection to personal data equivalent to that provided by the UAE.
• The Data Protection officer permits the transfer of personal data to countries that have not be recognized as providing adequate protection where such transfer is necessary for the performance of a contract between the data subject and data controller.
• While we take reasonable steps to protect your personal data from loss or destruction, the transmission of information via the internet or other technical and communication channels is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your personal data transmitted to our website; any transmission is at your own risk. Once we have received your personal data, we will use adequate procedures and security features to try to prevent unauthorized access.

·         Your Rights

• You have various rights with respect to our use of your personal data:

1. You have the right to request a copy of the personal data that we hold about you. Please note that there are exceptions to this right, so that access will be denied if, for example, making the information available to you would reveal personal data about another person, or if we are legally prevented from disclosing such information. You are entitled to see the personal data held about you. If you wish to do this, please contact us using the contact details provided below.
2. We aim to keep your personal data accurate, current, and complete. We encourage you to contact us using the contact details provided below to let us know if any of your personal data is not accurate or changes, so that we can keep your personal data up-to-date.
3. In certain circumstances, you also have the right to object to processing of your personal data and to ask us to block, erase and restrict your personal data. If you would like us to stop using your personal data, please contact us using the contact details provided below.
4. If you believe that your data protection rights may have been breached, you have the right to lodge a complaint to the applicable supervisory authority or to seek a remedy through the courts.

• The above rights are subject to exceptions, if, for example, we are under a legal obligation to continue to process your personal data.
• When we ask you to supply us with personal data we will make it clear whether the personal data we are asking for must be supplied so that we can provide the products and services to you, or whether the supply of any personal data we ask for is optional.

·         How Long We Keep Your Personal Data

• We will retain your personal data, whether or not your account is active, for as long as we believe it necessary or desirable to fulfil our business purposes or to comply with applicable law, audit requirements, regulatory requests or orders from competent courts.
• Personal Data collected will be retained pursuant to our record retention policy, and in most instances will not be retained longer than …. (…..) years from the date you cease to be an investor through the Company.

·         Changes to our Privacy Policy

Any changes we make to our Privacy Policy in the future will be posted on our website and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our Privacy Policy.

·         Contact Details

Questions, comments and requests regarding this Privacy Policy are welcomed and should be addressed to:

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COOKIES POLICY

·         Cookies Description

A cookie is a small data file that is placed on your computer or mobile device by your web browser when you visit our website. It is a tool that stores information about website visits, recognises you and your preferences each time you visit our website, and ensures website functionality and generally improves your experience of the website.

A cookie file can contain information such as a user ID that the website uses to track the pages you have visited, but the only personal data a cookie can contain is information you supply yourself. A cookie cannot read data off your hard disk or read cookie files created by other sites.

·         Our Usage of Cookies

Some parts and functions of our website use cookies to track user traffic patterns, which is utilized to determine the usefulness of our website information to our users and to see how effective our navigational structure is in helping users reach that information. Providing that, we do not connect this information with data about individual users.

The following categories of cookies are utilized on our website: 

• Strictly Necessary Cookies:

These cookies are essential in order to enable you to move around and surf our website and use its tools and features. 

• Performance Cookies:

These cookies collect information about how you use our website, such as realizing  which pages you go to most often, such use can improve how our website works. 

• Targeting/Advertising Cookies:

These cookies are used to deliver adverts more relevant to you and your interests, which can be utilized to limit the number of times you see an advert as well as help measure the effectiveness of the advertising campaigns. These types of cookies remember that you have visited the website and this information may be shared with other entities. 

Strictly necessary cookies are necessary to provide our website to you. We use such cookies without your prior consent. All other cookies are dropped after you have consented via the cookie banner on available on the website. 

The cookies utilized on our website may expire once you close your browser or mat stay on your computer or device until you delete them or they expire.

·         Your Right to Withdraw Consent

You can withdraw your consent at any time, for example by deleting the cookies or by opting out via our opt-out mechanism. If you do not accept all cookies or withdraw your consent, you may still browse our website; however, in such an event you may not be able to view all our website’s pages nor use the full functionalities and tools of our website.

You may also configure the settings of your browser to activate, disable or delete cookies. Detailed instructions are provided by your browser. If you disable or delete cookies, however, you may have to manually adjust some preferences every time you visit our website and some services and functionalities may not work.

Below is a list of links to the ‘Help’ section of some web browsers with an explanation on how to change or block cookies:

• Internet Explorer™:

https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies

• Safari™:

https://support.apple.com/kb/PH5042?locale=en_US

• Chrome™:

https://support.google.com/accounts/answer/32050?co=GENIE.Platform%3DDesktop&hl=en

• Firefox™:

https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored

·         First- Party and Third-Party Cookies

The cookies used on our website are either first-party or third-party cookies. To that extent, we clarify that first-party cookies are set by us and share the same domain and that the third-party cookies are stored by a third-party provider.

Information from a third party, such as advertising networks and providers of external services like web traffic analysis services, may be embedded on our website. For example, Google Tags and Facebook Pixels are embedded on our website, and function through the use of third-party cookies utilized by the third-party website.

As a result of the aforesaid, third parties may have access to information about your web browsing on the pages of our website. By following the links below, you can learn more about how third parties treat data obtained about through the use of cookies:

• Google Tags:

https://policies.google.com/terms?hl=en#toc-services

• Facebook Pixels:

https://termsfeed.com/blog/privacy-policy-facebook-retargeting/

·         Consent

By using our website, you agree that we can place the aforesaid types of cookies on your computer and other devices and use that data in accordance with this policy – unless you disabled them within your internet browser as described above.

·         Contact Details

Questions, comments and requests regarding this Cookies Policy are welcomed and should be addressed to:

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