X12CAPITAL

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Privacy Policy

This Privacy Policy describes how X12 Capital Limited, a company registered in the ADGM, Abu Dhabi, UAE with registered address Floor 24th Floor, Al Khatem Tower, ADGM Square, Al Mariyah Island, Abu Dhabi, UAE and our group companies, subsidiaries and affiliates (“we”, “us”, “our”) shall usually be the controller of your data and may collect, use and share Personal Data (as defined below) that is provided to us and details how and why we collect, store, use and share your Personal Data. Terms used in this Privacy Policy not defined herein, shall have the same meanings ascribed to them in our website terms and conditions or the ADGM Data Protection Regulations 2021 (“DPR”).

This Privacy Notice applies to the following individuals (“you”) 

  • Our past, present and prospective customers.
  • Prospective employees.
  • Website users.
  • Anyone involved in any transaction or interaction with us, whether it is in your personal capacity or as a representative of a legal entity (for example, director, a company manager, agent, legal representative, operational staff, other authorized representative, etc.);
  • Our advisors, suppliers, business partners, consultants or secondees.

By accessing our website, you are accepting the terms of this Privacy Policy and are consenting to our collection, use, disclosure, retention and protection of your Personal Data as described in more detail herein.

We may amend this Privacy Policy from time to time at our sole discretion, this could be for a number of reasons including (but not limited to) to meet changes in the regulatory environment, business needs, or to satisfy the needs of our regulatory bodies and service providers. Any changes we make to this Privacy Policy will be posted on our website without any prior notice to you and date stamped so that you are always aware of the latest update. You should check this page from time to time to ensure you are happy with any changes.

By continuing to access our website or interact with us, you are accepting the terms of this Privacy Policy in full.

DATA PROTECTION PRINCIPLES

We comply with the DPR. This ensures your Personal Data is:

1. Used in accordance with the DPR and in accordance with your rights pursuant to the DPR.
2. Used lawfully, fairly and in a transparent manner.
3. Collected or used only for legitimate purposes that we have explicitly and specifically explained to you at the time of collection and not collected or used in any way that is incompatible with those purposes.
4. Relevant to the purposes we have told you about and limited only to those purposes.
5. Accurate and, where necessary, kept up to date including via erasure or rectification.
6. Kept only as long as necessary for the purposes we have told you about.
7. Kept securely.

OBTAINING PERSONAL DATA

We collect Personal Data from individuals or their authorised representatives. There are several ways in which we collect this data, including (but not limited to) through the following methods:

a. email and telephone contact with us;
b. web-based conference or video calls with us;
c. onsite visits or other meetings that take place with us in person;
d. use of our website, including applications, surveys, online forms and systems available on our website;
e. in connection with recruitment or employment;
f. correspondence and other documents (hand delivered or sent to us by post or courier);
g. engagement with governments, regulators, official bodies, authorities and organisations; and
h. contracts and commercial deals we sign or discussions held in relation to them.
i. from publicly available sources of from third parties, most common where we need to conduct background checks about you.

Our website is not targeted, intended or expected to be of use to children. Apart from providing information for specific services or purposes, as directed by AGDM processes, user-provided contributions of content or contact information regarding or about children are expressly prohibited.

We expect anyone who provides us with Personal Data to do so in compliance with all applicable laws including the DPR.

In some circumstances we may collect Personal Data about individuals from third parties in the course of:

a. receiving other documents (such as tender, teaser or other such business and commercial documents that may contain Personal Data);
b. recruiting our employees and engaging contractors or service providers.

"Personal Data" includes any data which may be used to identify or contact you, including but not limited to, your name, telephone number, email address and/or other data which may be necessary for you to contact us and/or receive information from us. Personal Data shall not include aggregated data or data that, by itself, does not permit the identification of individual persons.
We will only gather Personal Data that is relevant for the purposes for which we need it and/or which you have provided it and do not gather excessive or unnecessary personal data and/or Personal Data about you.
Kindly note that we may retain a copy of your Personal Data where required for compliance reasons.

COLLECTION OF PERSONAL DATA

The Personal Data we may collect from or in relation to you includes for example:

  • information establishing your identity (for example your name, address, email address, date of birth, passport, photograph).
  • documents to verify information supplied to us, such as bills issued by third parties or endorsements issued by employers or institutions such as banks.
  • reference checking information obtained via third parties such as credit reference agencies, and sanctions lists;
  • financial information (for example, bank account details);
  • information provided so that we are able to fulfil our regulatory compliance obligations including anti-money laundering and “know your client” checks (for example the information establishing your identity as set out above);
  • information you provide when you enter into any agreement or provide other documentation or information in respect of your interactions with us, or when you use our services;
  • any information you independently choose to provide to us (for example, if you send us an email or call us);
  • information relating to your use of our website (for example, domain name, IP address and cookies) or information you provide when you register for alerts and subscriptions and when you report a problem with any of our website services;

PURPOSES OF PROCESSING AND LEGAL BASIS

As required by the Applicable Data Protection Law, our legal grounds, or “lawful basis”, for processing Personal Data include the following:

  • When we have a legitimate interest in processing data about you to operate our business or protect our interests (e.g., to provide, maintain, and improve our services, conduct data analytics, and communicate with you).
  • To comply with our legal obligations (e.g., collecting due diligence information and documents to comply with the Financial Services Regulatory Authority (“FSRA”) Anti Money Laundering Rules).
  • When we have your consent to do so (e.g., when you opt in to receive marketing communications from us). When consent is the legal basis for our processing data about you, you may withdraw such consent at any time by contacting us using the details in the ‘Contact data’ section below.

OUR USE OF YOUR PERSONAL DATA

We may use the Personal Data we collect about you to provide you with a personalized experience when you visit our website, to contact you about our company, events and/or other promotional/adverting purposes, for market research, data base building, to maintain and improve our website services as well as to develop new features to improve customer experience and support, authenticate users and send administrative messages. We may conduct data analysis, testing, research, to monitor and analyse usage and activity trends and to detect, prevent, mitigate and investigate fraudulent or illegal activities.

When you sign up with us to receive news or information relating to us or updates to our website(s) (for example: alerts or media releases), we will collect and Process your Personal Data to use in providing that news or information to you. If you would like to withdraw your consent to receiving these communications, you can contact us at any time.

We also collect and Process the Personal Data of individuals acting in their capacity as representatives of their organisations during their professional engagement with us. We may do this via online surveys or submissions, emails, general enquiries via our website(s) or verbal communications with us. Where you have asked to receive news or information from us or where we have collaborated in a commercial capacity, we will use the contact details you provide, such as your name, title, company and email address, for that purpose.

We will sometimes use the contact details of those with whom we have a relationship in their capacity as representatives of their organisation, to communicate with them or to provide them with information relevant to their relationship with us. We will also use the Personal Data you provide to us for the above purpose to ensure any activities are carried out in an appropriate and safe manner, and in accordance with agreed contracts and applicable law and regulations.

As part of any recruitment process we will collect and Process the Personal Data of candidates at various stages. This includes personal details, family details, resume information and interview records. The legal basis for Processing this Personal Data is our legitimate interest in screening and evaluating candidates to work at X12 Capital Limited or any of its group

companies or subsidiaries, as well as for the purposes of entering into a contract prospectively in due course. Information collected as part of the recruitment process will be shared with external parties on a ‘need to know’ basis – which includes but is not limited to governmental national security agencies for obtaining security clearances; immigration department for processing visas; medical entities conducting medical checks on prospective staff and any 3rd parties that we may engage to assist us with any of these processes.

We collect Personal Data only where it is relevant to and necessary for specified, explicit and legitimate purposes determined at the time of collection.

Generally, we Process Personal Data on one or more of the grounds set out in Section 5 of the DPR The legislation published and/or administered by ADGM can be found here: ADGM laws and regulations.

Under certain circumstances, we may also collect special categories of Personal Data. “Special Categories” of particularly sensitive Personal Data require higher levels of protection. We will only process Special Categories of Personal Data when we have a justification for collecting, storing, and using this type of Personal Data. We have in place an appropriate policy document, where necessary, and safeguards in compliance with the Applicable Data Protection Law. We are likely to process Special Categories of Personal Data in limited circumstances where:

  • we have your explicit written consent;
  • it is necessary to comply with the applicable law in relation to anti-money laundering or counter-terrorist financing obligations or the prevention, detection, or prosecution of any crime;
  • it is required for the performance of a contract or prior to entering into a contract;
  • it is necessary for the compliance with specific requirements pursuant to applicable law.
  • We do not usually ask for any Special Categories of Personal Data from individuals, except in the following circumstances:

a. in relation to the issuance of visas and facilitation of immigration services; and
b. hiring employees and engaging with our employees.
c. We envisage that we may hold information about criminal convictions. We will only collect Personal Data about criminal convictions if it is appropriate given the nature of the role and where we are legally able to do so. For example, to determine whether you are suitable to be our employee.

SHARING PERSONAL DATA

We may share Personal Data in the following circumstances:

a. to our third-party professional advisors, service providers, agents, subcontractors and other organisations for the purposes of providing services to us or to you on our behalf, who are under a duty of confidentiality with us;
b. professional advisors and service providers to the extent that they need access to such information for the purpose of or in connection with Processing your Personal Data;
c. any person to whom information is required or requested to be disclosed by any governmental, taxation or other regulatory authority or similar body or pursuant to any applicable law or regulation; and
d. third parties in an aggregated and/or anonymized form which cannot reasonably be used to identify you.

We may also share your Personal Data with our group companies, affiliates and subsidiaries for internal reasons, primarily for business and operational purposes.

By using our website or interacting with us in any way you agree that you consent to the sharing of Personal Data as detailed above. In other cases, we may be compelled to disclose Personal Data due to a mandatory legal obligation or by order of a court or other adjudicatory body or tribunal of competent jurisdiction.

We may share your Personal Data with any other person if we notify you and obtain your consent to the disclosure. We do not generally rely on consent as our processing reason. However, if we do so, we will provide you with full details of the information that we would like and the reason we need it so that you can carefully consider whether you wish to consent. You should be aware that it is not a condition of your relationship with us that you agree to any request for consent from us.

To withdraw your consent, please contact us using the email provided below in the ‘Contact Data’ section. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so under an applicable law.

Your Personal Data may be processed by us, our subsidiaries and those other parties described above, outside of the ADGM. Where the ADGM Commissioner of Data Protection has not issued an adequacy decision in relation to the jurisdiction where your Personal Data is processed, we will ensure that there are adequate mechanisms in place to protect your personal information in accordance with applicable data protection and privacy law.

To comply with our regulatory obligations, we may also disclose Personal Data to relevant government, supervisory and judicial authorities such as:

  • Public authorities, regulators and supervisory bodies in the countries in which we operate.
  • Tax authorities may require us to report customer assets or other Personal Data such as your name and contact details and other information about your organisation; for this purpose, we may process your identification data such as national identifier in accordance with applicable law.
  • Judicial/investigative authorities such as the police, public prosecutors, courts and arbitration/mediation bodies on their express and legitimate request.

LINKS TO OTHER WEBSITES

Our website may from time to time contain links to and from other websites/platforms. This includes websites/platforms owned or controlled by independent parties not controlled or authorized by us. If you follow a link to any of these websites/platforms please note that these websites/platforms have their own privacy policy, data collection practices and security measures and we do not accept any responsibility or liability for these policies. Please ensure you check these policies before submitting any personal data.

DATA CHOICES

As a data subject, you have a number of rights with regard to your Personal Data. You have the right to request to access and rectify your data as well as for it to be erased and to restrict the processing of your data in certain circumstances.

You also have the right to lodge a complaint with the ADGM Commissioner of Data Protection (further details below) if you feel that we have not complied with our obligations under applicable data protection law regarding how we deal with your Personal Data.

Your rights pursuant to Applicable Data Protection Law amongst others:

  • Request access to your personal information (commonly known as a "Data Subject access request"). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully Processing it.
  • Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
  • Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us to continue to Process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to Processing (see below).
  • Object to Processing of your Personal Data. You have the right to object where we are Processing your personal information for direct marketing purposes.
  • Request the restriction of Processing of your personal information. This enables you to ask us to suspend the Processing of personal information about you, for example, if you want us to establish its accuracy or the reason for Processing it.
  • Data portability enables you to receive or request transfer of the data you have provided us in a structured, commonly used and machine-readable format.
  • Object to automated Processing, including profiling which produces legal or other seriously impactful consequences concerning you.

We may need to request specific Personal Data from you to help us confirm your identity and ensure your right to access the Personal Data (or to exercise any of your other rights). This security measure ensures that Personal Data is not disclosed to an unauthorised person.

You will not have to pay a fee to exercise your rights . However, we may charge a reasonable fee if your request for access is manifestly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances, where permitted by law.

If you wish to exercise any of the rights set out under the DPR, please contact data.protection@adgm.com

Note: your right of access can be exercised in accordance with DPR and other applicable laws. There are circumstances where we may not be able to comply with your request, such as where we have a legal duty to retain Personal Data,

You may send requests about Personal Data to our email address provided above. You can request to change contact choices, opt-out of our sharing with others, and update your Personal Data at any time.

Note that if you choose to 'opt-out', withhold, block or request that we delete your Personal Data, you may not be able to receive the benefit of any information we may want to share with you.

It is important that the Personal Data we hold about you is accurate and, where necessary, kept up to date. Please keep us informed if your Personal Data changes during your working relationship with us and respond promptly to our request for updates of your data.

In some cases, we are legally required to collect Personal Data, or your Personal Data may be needed before we may perform certain services and provide certain products. We undertake to request only the Personal Data that is strictly necessary for the relevant purpose. Failure to provide the necessary Personal Data may cause delays or lead to refusal of certain products and services.

STORING YOUR DATA

By submitting your Personal Data, you agree to its transfer, storing and processing in accordance with this Privacy Policy. We will take all steps reasonably necessary to ensure that your data is treated securely, in accordance with your rights and in accordance with this Privacy Policy. The Personal Data that we collect from you may be securely transferred to and securely stored on our databases, located on our secure servers in the UAE.

Data retention

We Process Personal Data for such periods as is necessary for the purposes set out in this Privacy Policy, unless a longer period for the retention of Personal Data is required by law.

We may retain your Personal Data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

Personal Data Processed based on consent will be retained for the period specified in the consent, or where not specified, until you withdraw your consent. We have a Retention Policy which outlines the applicable periods.

In the case of unsuccessful candidate CV’s, we will only retain these for a period of one year after receiving them, in case an alternative suitable position arises.

SECURITY

We maintain commercially reasonable safeguards to ensure your Personal Data is protected and used in accordance with this Privacy Policy. Only those authorized individuals who have a need to know your Personal Data shall have access to such information.

In addition, however, it is also important for you to implement sufficient safeguards to protect yourself from any unauthorized access to the device you are accessing our website form.

We take precautions to protect your Personal Data but unfortunately, the transmission of any information over the internet is not completely secure. Although we will do our best to protect your Information, we cannot guarantee the security of your Information transmitted to our website and any transmission is at your own risk. We shall not collect, use, disclose or transfer your Personal Data except as described in this Privacy Policy unless you give us your permission to collect, use, disclose or transfer it for other purposes.

COOKIES

We may use cookies, web beacons, unique identifiers and similar technologies to collect data about the pages that you view, the links that you click and other actions you may take on our website

We use different types of cookies on our website for different reasons, but we primarily use cookies for technical reasons to improve the user experience, or for analytics of website traffic. Cookies can improve the user experience, for example, by storing user preferences about our website.

The data we collect using cookies helps us understand our customers better so that we can provide a more focused user experience. By using the knowledge of your previous visits to our website we can enhance your subsequent visits by suggesting content to match your requirements.

You can typically remove and reject cookies from our website with your browser settings. Many browsers are set to accept cookies until you change your settings. If you remove or reject our cookies, it could affect how our website works for you and you may not be able to access or use certain areas of our website or receive full functionality.

CONTACT DATA

We have appointed a Data Protection Officer (DPO) who oversees data privacy and data protection compliance for us and advises us on our data protection obligations. The DPO acts as our contact point with the ADGM Office of Data Protection.

Should you have any concerns about our Privacy Policy, you can contact us on the following details, with a description of your concern and we will try to resolve it:

Email: dataprotection@x12capital.com

Address: Unit 1, Floor 24, Al Khatem Tower, Adgm Square, Al Maryah Island, Abu Dhabi, United Arab Emirates

You have the right to make a complaint at any time to the ADGM Commissioner of Data Protection, which is the relevant authority that safeguards your interests.

Contact Details:

Email: dataprotection@x12capital.com

Telephone: +971 23338888

Address: ADGM Commissioner of Data Protection ADGM Authorities Building, ADGM Square,
Al Maryah Island, PO Box 111999, Abu Dhabi, UAE

Introduction

This Notice sets out details of how and why X12 Capital Limited (referred to throughout as, “us”, “we”, “our”, “the Firm”), and third parties, collect and process personal information in connection with your enquiries or application for employment with the Firm, your employment with us, or associated interactions with us (“our relationship”). We do this in compliance with our obligations under applicable data protection law. This Notice explains what personal data is collected, the purposes for which it is used, the third parties to whom it may be disclosed and how individuals can exercise their rights in relation to their personal data. The Privacy Notice may form among other documents an integral part of the master agreement we have with you.

About us

The Firm is the Controller of your personal data as part of our relationship. The Firm is located in the Abu Dhabi Global Market (“ADGM”) and therefore is required to comply with the ADGM Data Protection Regulation 2021 (“ADGM DPR”).

We may engage third party service providers to process personal data on our behalf and those third parties act as processors. We have appointed a Data Protection Officer, and if you have any questions about the use of your personal data, your data protection rights or if you want to exercise those rights, please contact dataprotection@x12capital.com

Scope

This Notice applies to you, whether you are an applicant, a current (or former) employee, partner, worker, intern, transition year student, secondee, temporary worker, agency worker, consultant, individual contractor, applicant or director. It also applies to third parties whose information you provide to us in connection with our relationship with you (for example, in respect of emergency contact information).

Where we refer to 'employee personal data' or 'employment' in this Notice, we do so for convenience only, and this should in no way be interpreted as purporting to confer employment status on non-employees to whom this Notice also applies. This Notice does not form part of any contract of employment and does not confer any contractual right on you, or place any contractual obligation on us.

It applies to all personal data collected, maintained, transmitted, stored, retained, or otherwise used (i.e. processed) by us regardless of the media on which that personal data is stored. We may update this Notice at any time and will notify you in writing, or other ways of any substantial changes.

Processing Personal Data

‘Personal data’ means any information relating to an identified or identifiable living natural person, who can be identified directly from that data or indirectly in conjunction with other information.

The ADGM DPR requires us to demonstrate that any Personal Data we hold about you is:

  • processed lawfully, fairly and transparently
  • processed for specified, explicit and legitimate purposes
  • adequate, relevant and limited to what is necessary
  • accurate and, where necessary, kept up to date
  • kept for no longer than is necessary
  • kept securely.

We are required to keep and Process your Personal Data for employment purposes. The information that we hold, and Process will be used for management and administrative use only. We will keep and use your Personal Data to enable us to carry out our business and management of the employment relationship with you effectively, lawfully, and appropriately, during the recruitment Process, whilst you are employed by us and at the time your employment ends. This includes information that enables us to comply with the employment contract, any legal requirements, and for us to protect our legal position in the event of any legal proceedings. If you do not provide this data, we may in some circumstances be unable to comply with our legal and regulatory obligations. Under such circumstances, we will inform you of the implications of that decision.

We may from time to time need to Process your data in order to pursue legitimate business interests. However, we will not Process your data where these interests are overridden by your own interests.

Purposes of Processing and Legal Basis

Personal Data type:

  • Personal details such as:

    - name
    - last name
    - identification number
    - date of birth
    - gender
    - contact details (such as phone number(s), email address(es))
    - residential and/or business address(es).

  • Residence ID details, previous ID and new ID details (ID number, name, expiry date)
  • Residence visa details, previous visa and new visa copy and details:

    - visa number
    - employer name
    - issue date
    - expiry date

  • Emergency contact details:

    - name
    - relationship
    - address
    - contact number

  • Financial information such as:

    - salary
    - bank account details
    - payroll records
    - bonus records

  • Employment contract between us and the employee that includes:

    - name
    - agreement date
    - start date
    - position
    - salary ({basic wage, benefits, bonuses, allowances reporting line manager)

  • Start date and, if different, the date of your continuous employment.  
  • Leave information and reason for leaving

    - sick leave
    - annual leave
    - personal leave

  • Data contained in identification documents such as:

    - Passport
    - residence visa
    - national identity card
    - labor card
    - other similar documents

  • Personal photograph
  • Education certificate photocopy
  • Recruitment information such as:

    - copies of right to work documentation references
    - other information included in a CV or cover letter or as part of the application Process.

  • Employment records including:

    - job titles
    - work history
    - working hours
    - holidays
    - training records
    professional memberships.

  • Compensation history
  • Performance information.
  • Disciplinary and grievance information
  • Information about your use of our information and communications systems
  • Results of background check, including screening and previous employer cancelation details
  • Religion (for Visa application purposes)
  • Dependent information and details such as:

    - name
    - identification details
    - passport
    - residence visa
    - national identity card
    - health care insurance

  • Health care insurance certificate
  • Non disclosure agreement
  • No competition agreement
  • Declaration of fitness
  • Information about your health, including:

    - any medical condition
    - health records
    - sickness records

  • where you leave employment and under any share plan operated by a group company the reason for leaving is determined to be ill-health, injury or disability, the records relating to that decision.
  • details of any absences (other than holidays) from work including time on statutory parental leave and sick leave
  • where you leave employment and the reason for leaving is related to your health, information about that condition needed for pensions and permanent health insurance purposes.
  • Information about criminal convictions and offences
  • Outside business interests declarations – refers to appointments/positions that employees hold outside the firm. The purpose of these declarations is to manage conflicts of interests.
  • Office access control using biometrics
  • Driver collection and drop off using home address
  • Receiving birthday greetings
  • Get well/celebratory greetings using home address

Purpose:

  • In order to enter into a contract with you at your request or to perform our contract with you.
  • In order to meet our obligations under applicable law.
  • For our legitimate interest in using your details to share information for the efficiency of business communications.
  • Where we need to share your information in a life-or-death situation.
  • For our legitimate interest in using your details to share information for the efficiency of business communications.
  • Where we need to share your information in a life-or-death situation.
  • In order to enter into a contract with you at your request or to perform our contract with you
  • In order to meet our obligations under applicable law.
  • Where we need to share your information in a life-or-death situation.
  • In order to enter into a contract with you at your request or to perform our contract with you. 
  • Where we need to share your information in a life-or-death situation.
  • In order to enter into a contract with you at your request or to perform our contract with you.  
  • In order to carry out our employment obligations.
  • In order to enter into a contract with you at your request or to perform our contract with you.  
  • In order to carry out our employment obligations.
  • In order to enter into a contract with you at your request or to perform our contract with you.  
  • In order to enter into a contract with you at your request or to perform our contract with you. 
  • To meet our obligations under applicable law.
  • In order to enter into a contract with you at your request or to perform our contract with you. 
  • To meet our obligations under applicable law.
  • In order to enter into a contract with you at your request or to perform our contract with you.
  • To meet our obligations under applicable law.
  • In order to enter into a contract with you at your request or to perform our contract with you.
  • To meet our obligations under applicable law.
  • In order to enter into a contract with you at your request or to perform our contract with you. 
  • In order to enter into a contract with you at your request or to perform our contract with you. 
  • In order to enter into a contract with you at your request or to perform our contract with you. 
  • In order to enter into a contract with you at your request or to perform our contract with you.  
  • For our legitimate interest
  • To meet our obligations under an applicable law.
  • For our legitimate interest - Where it is necessary to share such information to protect the public against dishonesty, malpractice or other improper behavior.
  • To meet our obligations under an applicable law.
  • To meet our obligations under an applicable law.
  • In order to enter into a contract with you at your request or to perform our contract with you.  
  • For our legitimate interest - Where it is necessary to share such information to protect the public against dishonesty, malpractice or other improper behavior. 
  • To meet our obligations under an applicable law.
  • In order to enter into a contract with you at your request or to perform our contract with you.  
  • Processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the Controller or of the Data Subject in the field of employment law
  • To meet our obligations under an applicable laIn order to enter into a contract with you at your request or to perform our contract with you. 
  • In limited circumstances, your consent.
  • In order to enter into a contract with you at your request or to perform our contract with you.  
  • In order to carry out our employment obligations
  • To meet our obligations under an applicable law.
  • In order to enter into a contract with you at your request or to perform our contract with you. 
  • In order to enter into a contract with you at your request or to perform our contract with you.  
  • For our legitimate interest - Where it is necessary to share such information to protect the public against dishonesty, malpractice or other improper behavior.  
  • To meet our obligations under an applicable law.
  • In order to enter into a contract with you at your request or to perform our contract with you.  
  • For our legitimate interest - Where it is necessary to share such information to protect the public against dishonesty, malpractice or other improper behavior.  
  • To meet our obligations under an applicable law.
  • In order to enter into a contract with you at your request or to perform our contract with you.  
  • For our legitimate interest - Where it is necessary to share such information to protect the public against dishonesty, malpractice or other improper behavior.  
  • To meet our obligations under an applicable law.
  • In limited circumstances, your consent

The above list is by no means exhaustive and should be used merely as a point of reference from which a working definition of business purposes can be established and further developed.

We may Process personal information lawfully for a number of reasons, including in order to:

  • Perform an employment contract
  • Comply with a legal obligation
  • Protect your right as an employee or another individual’s vital interests (for example, medical data during a health emergency)
  • Carry out a task in the public interest, or in exercising official authority vested in the employer
  • Protect the legitimate interests of the employer or a third party, except where this is overridden by the interests or rights of the employee
  • Employees family members / dependants are also covered under this notice to the extent they form part of the benefits under the employment contract.

Special Categories of Personal Data

There are certain types of more sensitive Personal Data which require a higher level of protection, such as information relating to your health, which could include reasons for absence, medical certificates, and/or other health reports. This data may be used in order to comply with health, safety and occupational health obligations to consider how your health affects your ability to do your job and whether any adjustments may be required. The Firm also uses this information to administer its policy relating to sick leave for employees, as well as any health and life insurance policies (if applicable). We may also conduct screening of employees which could highlight any criminal convictions.

Where we are required to Process Special Categories of Personal Data, we may need to obtain your explicit consent to those activities unless another legal basis is available, or the information is required to protect your health in an emergency.

Processing may also be necessary for the purpose of carrying out obligations and exercising specific rights in relation to employment, or where necessary to comply with applicable laws and regulations such as ADGM Employment Regulations 2019.

Sharing and transferring Personal Data

The Firm will only disclose your Personal Data to third parties if we are legally obliged to do so or where there is a need to comply with its contractual obligations to you, for instance we may need to pass on certain information to any external Service Providers including group companies, HR and payroll provider, pension, benefits or health insurance providers.

Where there is a requirement to use an intermediary, we will ensure that the Personal Data is exported to one who is either located in a jurisdiction that is deemed by the ADGM Commissioner of Data Protection as an adequate jurisdiction or we have safeguard in place such as standard contractual clauses or a legal derogation. You may request further information on this from the Data Protection Officer.

Record keeping and Data retention periods

The Firm will maintain clear and accessible records of all data Processing activities.

Your Personal Data will only be kept for as long as is necessary to fulfil the purpose we collected it for or as required by law. Where there is a legal requirement to keep the data, we will comply with the statutory retention periods. In general:

  • All personnel and pay records will be retained for a period of 6 years from the last date of employment.
  • All employee leaver information will be retained for a period of 6 years.
  • Where the data is required to defend a potential claim, the data will be retained for the required period of time.
  • Any data relating to unsuccessful application forms and CV’s will be destroyed and no longer retained after a period of 1 year.

Your Rights as a Data Subject

Under the ADGM DPR, as a Data Subject, you have a number of rights with regard to your Personal Data. You have the right to request to access and rectify your data as well as for it to be erased and to restrict the Processing of your data in certain circumstances.

You also have the right to lodge a complaint with the ADGM Commissioner of Data Protection if you feel that we have not complied with the ADGM DPR requirements regarding how we deal with your Personal Data.

Your rights pursuant to ADGM DPR amongst others:

  • Request access to your personal information (commonly known as a "Data Subject access request"). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully Processing it.
  • Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
  • Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us to continue to Process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to Processing (see below).
  • Object to Processing of your Personal Data. You have the right to object where we are Processing your personal information for direct marketing purposes.
  • Request the restriction of Processing of your personal information. This enables you to ask us to suspend the Processing of personal information about you, for example, if you want us to establish its accuracy or the reason for Processing it.
  • Data portability enables you to receive or request transfer of the data you have provided us in a structured, commonly used and machine-readable format.
  • Object to automated Processing, including profiling which produces legal or other seriously impactful consequences concerning you.

Consent

Under ADGM DPR, consent may not be required, for example to fulfil legal or contractual obligations as an employer, to provide an employment contract, Process salary payment, set up pension schemes, life cover etc. However, for other scenarios, employers may need to show that employees give their explicit consent to Process the data and the consent will need to be clearly connected to the Processing.

In the limited circumstances where you may have provided your consent to the collection, Processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific Processing at any time and this will not affect the lawfulness of Processing before the consent has been withdrawn.

To withdraw your consent, please contact us using the email provided below. Once we have received notification that you have withdrawn your consent, we will no longer Process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so under an applicable law.

To inform us of changes

It is important that the personal information we hold about you is accurate and, where necessary, kept up to date. Please keep us informed if your personal information changes during your working relationship with us and respond promptly to our request for updates of your data.

Contact us:

You can contact our Data Protection Officer by any of the following means for any privacy-related questions, including regarding how we collect, store, and use your Personal Data.:

Email: dataprotection@x12capital.com

Telephone: +971 4323 0800

Address: Unit 1, Floor 24, Al Khatem Tower, Abu Dhabi Global Market, Al Maryah Island,
Abu Dhabi United Arab Emirates

Complaints :

You have the right to make a complaint at any time to the relevant authority that safeguards your interests.

ADGM Commissioner of Data Protection Contact Details:

Email: data.protection@adgm.com

Telephone: +971 23338888

Address: ADGM Commissioner of Data Protection ADGM Authorities Building, ADGM Square,
Al Maryah Island, PO Box 111999, Abu Dhabi, UAE