At Fortree, We are committed to safeguarding the privacy of our website visitors and clients
INTRODUCTION
Fortree Management Services Limited is a company registered under the laws of the Republic of Mauritius with Business Registration Number C20171822 and holder of a Management Company Licence, number MC20000238, issued by the Financial Services Commission (FSC) of Mauritius.
Fortree is registered with the Data Protection Office of Mauritius. Information about its products and services can be accessed through its website; www.fortree.mu . Fortree (also referred to as “we”, “our” or “us”) fully respects the privacy of its clients and visitors (referred to herein as “He”, “She”, “You” or “They”) to its website and strives to protect their privacy and data security in compliance with the requirements of the Mauritius Data Protection Act 2017.
The General Data Protection Regulation (“GDPR”) is a regulation in EU law on data protection and privacy in the European Union and the European Economic Area. It also addresses the transfer of personal data outside the EU and EEA areas. Given the extra-territorial reach of the GDPR, the data protection laws in Mauritius were amended to be in line with the GDPR principles.
Fortree is a registered Data Controller with the Data Protection Office of Mauritius, and therefore can determine the way it collects and processes data. This policy sets out which data we collect, how we collect the data, how we share it and how we ensure data security and privacy in general and through the use of our website. It also covers all information collected with respect to any product or services you have with us, currently being offered or likely to be offered in the future; and all information gathered through our website, emails, social media, marketing and events, and any other related activities.
This Policy should be read alongside our customer agreements. This policy applies only to the use of our products, services and our website. It does not apply to any other links or related websites accessed through our website or any other third party.
When you complete any online / other form, we are collecting your information which we require to comply with our legal and regulatory obligations and / or to improve our products and services;, We believe such information is relevant in understanding your financial needs.
We use your personal data to assess the suitability of a product for you or to fulfil the services you may require. By completing any online / or other form, you are giving your consent, in line with the Mauritius Data Protection Act 2017, for
- • your personal data to be stored and processed by us or any party authorised to do so, on our behalf or forming part of our legal obligations; and
- • the transfer of your personal data in accordance with the provisions of the Mauritius Data Protection Act 2017 provided always that the person receiving your personal data has in place similar safeguards to protect your personal information as under the Mauritius Data Protection Act 2017.
Fortree may be required as per laws and regulations and /or internal policies, to bring changes to this Policy from time to time and the clients are advised to consult the policy as published on our website on a regular basis for all updates. This policy is effective from 01st January 2021.
Please read this policy carefully to understand how we treat your data and it will help you make an informed decision on sharing your data and personal information with us. Should you not consent to share your data and personal information with us, it will not be possible for you to use our website nor our products and services.
We collect the information you provide when you:
• fill in any forms;
• correspond with us;
• open an account or use any of our services;
• take part in online discussions, surveys or promotions;
• speak with a member of our customer support team (either on the phone, social media or through the Fortree website);
• enter a competition; or
• contact us for any other reasons.
We collect all and any information you voluntarily disclose to us whether by accessing our websites, through forms, emails, social media, in person or over the phone, to obtain information about us, about our products or services by expressing an interest in communicating with us or otherwise contacting us.
The data we collect can include the following depending on your interest shown when communicating with us:
• Personal details: Names, changes in names, gender, place and date of birth;
• Contact details: home and/or business addresses, telephone numbers, email addresses, copies of proof of address documentation and any other contact details we reasonably require;
• Information with regards to your identity such as biometric data, facial recognition, fingerprints and document copies, photo identities, identity and passport numbers, nationality, and the likes;
• Demographic information such as education, employment and other related information;
• Geographic information such as geolocation, etc.;
• Credentials: usernames and passwords used to access our websites, our products and services;
• Financial information such as employment details, income, bank details, etc.;
• Information regarding your social and marital status and any other related information;
• Technical information such as IP, browser, internet service provider, device characteristics, etc.;
• Information collected through our website and cookies (please refer to our Cookie Policy for more details);
• Investigation data such as due diligence checks which are pertinent for our obligations with regards to anti-money laundering and combating terrorist financing;
• Any views and opinions that you choose to send to us or publish about us (including on social media platforms);
• Information collected through outside sources such as public databases, marketing partners, social media and any other external sources;
• Data we collect through any access granted to us for accessing your devices; and
• Any other information or data required to fulfil any regulatory and legal requirements.
There may be times when you give us sensitive information, which includes things like your racial origin, political opinions, religious beliefs, trade union membership details, etc. We will only use such information in relation to you in strict accordance with the prevailing law and shall ensure strict confidentiality of same.
We use information collected legitimately to process your interest in our products and services and your transactions with us in compliance with our legal and regulatory obligations and to the extent permissible under applicable law and /or as you consent.
By “processing” we mean: an operation or set of operations performed on personal data or sets of personal data, whether or not by automated means, such as collection, recording, organising, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
We use your information to:
- • Help you with your activities with us and in your use of any of our products and services;
- • Carry out instructions you give us related to your account and activities with us;
- • Ensure security and business continuity;
- • Help us improve our products and services, systems, marketing and other related activities;
- • Assess and manage risks;
- • Comply with legal and regulatory requirements and protect our legal rights;
- • Perform due diligence and carry out “Know Your Customer” checks;
- • Compare information for accuracy and to verify it with any agencies and/or any third parties;
- • Detect, prevent, investigate, remediate or deter crime, illegal or prohibited activities or to otherwise protect our legal rights (including liaison with regulators and law enforcement agencies for these purposes);
- • Share and communicate by email or other means, our products and offerings and those of our partners which we think may be of interest to you. You can always unsubscribe from these emailing services by contacting us; and
- • To better formulate the marketing of our products and services and to improve our overall current and future offerings to you.
Any sharing of information is done within applicable laws, with your consent, to protect your rights and to enable us to fulfil our obligations.
• We have the right to disclose and share your information with and in the following circumstances:
• Where required by law or a court order by a competent court.
• Where requested by the FSC or any other regulator having control or jurisdiction over Fortree or you or in whose territory Fortree has clients.
• To any relevant authorities to investigate or prevent fraud, money laundering or other illegal activities.
• To other service providers who create, maintain or process databases (whether electronic or not), offer record keeping services, email transmission services, messaging services or similar services which aim to assist Fortree to collect, store, process and use your information to communicate with you and other clients or improve the provision of the services of Fortree.
• To the Financial Intelligence Unit in Mauritius in any circumstances that they may legally request.
• Any employees in the performance of their jobs.
• Any regulatory body and/or authority only as lawfully required.
• Our partners, vendors, suppliers and other third parties who provide service to us in delivering our products and services to you and to protect our safety and property and that of our customers.
• Any external data centres that we may use for data hosting, warehousing, archiving and the likes.
• Any external agencies such as credit agencies, financial analytics and ‘KYC’ service providers.
• Apps and interfaces as you consent to us to disclose and share.
• Any countries with which we have business dealings.
• Any other disclosures or sharing as you consent.
We shall never disclose or share such information to any third parties without your consent and/ or as per our legal obligations.
We maintain and store your data for as long as you are active with us and for a duration of 7 years after the date you discontinue all relationships with us or any other length of time to comply with legal requirements. In the event of any other requirement, such as investigations, fraud detection, etc., we may be required to keep the data for longer terms as directed by prevailing laws.
Where we no longer need your information, we will dispose of it in a secure manner (without further notice to you) and it will no longer be retrievable from our records.
We have designed and implemented all appropriate technical and organisational security measures to protect your information against its unauthorised or unlawful processing, accidental or unlawful destruction, damage, loss, alteration, unauthorised disclosure, unauthorised access and other unlawful or unauthorised forms of processing in accordance with applicable law.
All our staff and all third parties with permitted access to your information are specifically required to observe our confidentiality obligations and rules and comply to all applicable laws.
We will do our best to protect your information, however we cannot guarantee the security of your information which is transmitted via an internet or similar connection to our website, (our online applications or online services) or to other website, (their online applications and online services). If we have given you (or you have chosen) a password to access certain areas of our websites, applications or services please keep this password safe – we will not share this password with anyone other than you. It is also your responsibility to ensure that all usernames or passwords are held in utmost confidentiality to prevent any unauthorised usage or theft. Should you share / disclose any usernames and passwords with any third party, we shall not be held liable for any such disclosures, thefts, phishing attempts nor any resulting consequences.
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over other websites. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites which are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
If you have any doubts that your account has been compromised, please contact us at dpo@fortree.mu.
Subject to applicable laws, you have rights regarding your data including:
• the right to request a copy of your information that we store based on the data you provided to us;
• the right to be told how we use your information and to access your information;
• the right to request us to correct any inaccuracies in your information;
• the right to object to us using your information on grounds related to your particular situation or in certain circumstances e.g. for direct marketing purposes; or to “block” us to access your data or limit our usage of it;
• the right to restrict the use of your information or request the erasure of your information to the extent such information (i) is no longer necessary in relation to the initial purposes for which it was collected (ii) consent, where applicable, has been withdrawn and there is no other means of legitimating the processing of your information and (iii) the information is unlawfully processed;
• the right to request us to delete or remove your data from any of our storage systems;
• the right to lodge complaints with the Mauritius Data Protection Commissioner if you suspect any infringement by us to your rights.
• The right to withdraw any consent given to us to process your personal information previously. If you wish to do so, please contact us at dpo@fortree.mu
You may request a copy of your information free of charge, but we shall not transmit such information to any other party even if directed by you. You can only collect such information from us if required after showing proof of identity. However, we may charge a fee should your request be manifestly excessive.
You may also opt out of using cookies which are also used on our website. Should you choose to do so, we shall not be liable if this affects any features or pages from your browser.
We may only be able to respond favourably to any of the above requests relating to the right to oppose, right to erase and right to restrict; provided that it does not interfere with or contradict our legal obligation or where we have a legitimate interest to process this data (for example for the establishment, exercise or defence of a legal claim) or where we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms.
Should you withdraw consent (where we have sought same) or should you object to the processing of your information and as a result we stop using it, it may also mean that we may not be able to continue to provide services to you in a particular manner or at all, and we may as a result need to terminate our agreement or relationship with you.
How to contact us about this policy
If you wish to exercise any of your rights in relation to your information or you have a complaint about the way in which we use your information or you require any further information about this Policy or its contents, please contact us at dpo@fortree.mu.