Parlons-en !

Legal

Data Protection & Governance

SPICE Finance Ltd ("SFL") holds a Leasing licence with the Financial Services Commission Mauritius and a Deposit-Taking licence with the Bank of Mauritius. In the performance of its duties, SFL will have access to a potential client’s ("You") personal information. This document explains how SFL processes your data.

It is mandatory for SFL to abide by the Data Protection Act 2017 ("DPA"), designed to strengthen the control and personal autonomy of individuals over their personal data, in line with the General Data Protection Regulation (EU) 2016/679 ("GDPR"). SFL is registered with the Data Protection Office Mauritius as a Data Controller, which means it can determine the way it collects and processes data.

It will be necessary for You to provide certain information about your identity and other details, or — for an investor that is not a natural person — information relating to your officers, directors, partners, members or employees ("Personal Information"). Personal Information is subject to legal safeguards under the DPA, which prescribes the way SFL and its agents and service providers may collect, retain and handle it.

With whom does SFL share your personal information?

SFL may share certain of your Personal Information with the following third parties:

  • Advisers (e.g. auditors) to SFL relating to your dealings with us;
  • Law enforcement agencies, regulatory or tax authorities and other governmental or public agencies; and
  • IT/software service providers who maintain SFL’s internal networks and systems.

They may in turn use the services of their affiliates or service providers to process your Personal Information where necessary. SFL will not be able to provide services to You without processing your Personal Information for the purposes identified below.

SFL lawfully processes your data in order to: perform its obligations to You under the documents forming your contractual relationship and comply with applicable rules, regulations and reporting requirements; carry out anti-money-laundering / terrorist-financing checks, conflict checks and fraud prevention; comply with disclosure requests from regulatory, tax or governmental authorities; and communicate information SFL thinks may be of interest to You.

Your information is also processed based on SFL’s legitimate interests, including: detecting, preventing and investigating fraud and criminal activity; managing IT and ensuring system security; disclosing information to authorities, counterparties, courts or auditors; investigating and responding to complaints and incidents; and managing and administering SFL’s business and relationships, including marketing and business development.

What personal information is collected and used?

The types of personal information we may process include, for example:

  • Your (or your officers’, directors’, partners’, members’ or employees’) name, address, date of birth and gender;
  • Bank account details, source of funds/wealth information, accounts and bank statements;
  • Copies of passport, driver’s licence and other official documentation for identity or address verification;
  • Demographic information such as employment and related information;
  • Information collected through website and app cookies (see our Cookie Policy);
  • Investigation data such as due-diligence checks, pertinent to anti-money-laundering and combating terrorist financing.

How do we use and retain your personal information?

SFL processes your personal information to offer its services while complying with applicable legal and regulatory obligations. SFL regularly reviews the Personal Information it processes to ensure it is accurate and up to date, and will not retain it for longer than necessary for the purposes for which it is processed.

Generally, SFL will retain your Personal Information for seven (7) years after you discontinue all relationship with SFL. Information may be retained longer if required by law, or by a tax or regulatory authority, a law enforcement agency or other governmental body, or if considered necessary (for example, in view of an actual or potential legal action or regulatory investigation).

Your rights

You have various rights under the DPA in relation to the Personal Information SFL processes, including:

  • The right to request access to your Personal Information;
  • The right to withdraw consent at any time, without affecting the lawfulness of prior processing;
  • The right to have your Personal Information rectified;
  • The right to have your Personal Information erased;
  • The right to request that your Personal Information is only used for restricted purposes;
  • The right to object to processing, for example for marketing;
  • In some circumstances, the right to data portability; and
  • The right to lodge a complaint with the relevant data regulatory body.

For more information about your rights, please consult the Data Protection Office website: dataprotection.govmu.org. You can seek to exercise any of these rights by contacting our Data Protection Officer.