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  • JD33A 102.000

JD CAPITAL PLC

Bondholder & Financial Intermediary Privacy Notice

Last updated 18th December 2024

I. Introduction

JD Capital PLC (C 82098) (the “Company”, “We”, “Us” or “Our”) is committed to protecting the privacy of individuals whose Personal Data We Process (each individually a “Data Subject”, “You” or “Your”). This Privacy Notice applies with respect to the Company’s Processing of Personal Data pertaining to natural persons who are Bondholders, Financial Intermediaries, or representatives thereof. This Privacy Notice provides information regarding the manner in which the Company Processes Your Personal Data, in accordance with the Applicable Laws.

II. Definitions

In this Privacy Notice, the below terms shall have the following meanings:

  1. “Applicable Laws” shall mean the GDPR and the DP Act;
  2. “Bondholder” means any natural or legal person investing or seeking to invest in the Company through the purchasing of bonds;
  3. “Consent” means any freely given, specific, informed and unambiguous indication of Your wishes by which You (by a statement or by a clear affirmative action) signify agreement to the Processing of Your Personal Data;
  4. “Controller” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the Processing of your Personal Data;
  5. “Data Subject” means any identified or identifiable natural person to whom Personal Data relates;
  6. “DP Act” shall mean Chapter 586 of the Laws of Malta (the Data Protection Act) and the subsidiary legislation thereunder, as may be amended from time to time;
  7. “Financial Intermediary” means any legal person acting as a financial intermediary for the purpose of the purchase of bonds in the Company by a Bondholder;
  8. “GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);
  9. “Issuance T&Cs” means the terms and conditions of an issuance of bonds made by the Company set out in the relevant offering memorandum or prospectus, where the Bondholder has purchased or is seeking to purchase such bonds;
  10. “Representative” means the natural person representing a Bondholder or Financial Intermediary, particularly where such Bondholder or Financial Intermediary is a legal entity;
  11. “Personal Data” means any information relating to an identified or identifiable natural person;
  12. “Processing” means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording , organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction; and
  13. “Processor” means the natural or legal person, public authority, agency or other body which Processes Personal Data on behalf of the Controller.

III. Who We Are

The Controller of Your Personal Data is JD Capital PLC (C82098), having its registered office situated at HHF 303 Industrial Estate, Hal Far, Birzebbuga, Malta.

Should You wish to contact Us for any reason with respect to Our Processing of Your Personal Data, You may do so using the below details.

JD Capital PLC
Email: [email protected]
Phone: +356 21 653 689
Address: HHF 303, Industrial Estate Hal Far, BBG 3000, Malta

IV. PERSONAL DATA WE COLLECT ABOUT YOU

In the context of this Privacy Notice, We may Process the following Personal Data pertaining to You:

  1. Identity Data – Your first name and last name, date of birth and identity card number;
  2. Contact Data – Your email address, telephone number and mobile number; and
  3. Financial Data – Your bank may account details, such as Your bank account number and the name of the bank with which You hold the account, as well as information regarding interest payments paid out to the said bank account by the Company.

V. PURPOSES AND LAWFUL BASES FOR PROCESSING OF YOUR PERSONAL DATA

We are setting out below the purposes for which We Process Your Personal Data, as well as the lawful basis (in terms of the Applicable Laws) on which We Process such data.

Category/ies of Personal DataPurpose of ProcessingLawful Basis for Processing
Identity DataTo register You or the Bondholder you represent as a holder of bonds in the Company, or to register You as a representative where the Bondholder is a legal entity, or to register You as a usufructuary, guardian or pledgee of the Bondholder with respect to the bonds held in the Company by the Bondholder, where You are personally so, as the case may be.Necessity in order to take steps at Your request prior to entering into a contract with You, namely the Issuance T&CsNecessity for the purposes of Our legitimate interests to remain organised internally by maintaining adequate records regarding the bonds held in Our CompanyNecessity for compliance with a legal obligation to which the Company is subject, such as obligations emanating from the Companies Act (Chapter 386 of the Laws of Malta) and the Capital Markets Rules published by the Malta Financial Services Authority (MFSA)
Identity DataContact DataTo contact You with respect to the bonds held in the Company by the Bondholder (whether You are personally the Bondholder, a representative, a usufructuary, guardian or pledgee of the Bondholder, or a Financial Intermediary, or a representative of any such Financial Intermediary).Necessity for the performance of a contract between the Bondholder and the Company, such as the Issuance T&Cs, where You are personally the Bondholder, or the agreement between You and the Company, where You are not personally a Bondholder.Necessity for the purposes of Our legitimate interests to remain organised internally and communicate with Our Bondholders as may be required.Necessity for compliance with a legal obligation to which the Company is subject, such as obligations emanating from the Companies Act (Chapter 386 of the Laws of Malta) and the Capital Markets Rules published by the Malta Financial Services Authority (MFSA).
Financial DataTo distribute interest payments to You:where You are personally the Bondholder or a usufructuary, guardian or pledgee of the Bondholder with respect to the bonds held in the Company by the Bondholder;  or where You are personally or represent a Financial Intermediary and receive interest payments  from the Company on behalf of a Bondholder.Necessity for the performance of a contract between the Bondholder and the Company, namely the Issuance T&CsNecessity for compliance with a legal obligation to which the Company is subject, such as obligations emanating from the Companies Act (Chapter 386 of the Laws of Malta) and the Capital Markets Rules published by the Malta Financial Services Authority (MFSA) Necessity for the purposes of Our legitimate interests to manage Our Company efficiently, particularly to distribute interest payments accordingly to Our Bondholders or other persons who are entitled to receive such interest payments, as the case may be.
Identity DataContact DataFinancial DataTo establish, exercise or defend any legal claims in relation to the bonds held in the Company by the Bondholder. Necessity for the purposes of Our legitimate interests for the Company to defend itself from any legal claims and to institute any legal claims it may deem necessary.

The Processing of your Personal Data is not a statutory requirement. It is a requirement for the performance of the Issuance T&Cs or the agreement which the entity which you represent has entered into with the Company, including all obligations therein for the purposes listed in the table above. If the Company does not Process the Personal Data set out in this privacy notice, the Company will be prevented from performing its obligations under the Issuance T&Cs and Bondholders will be unable to purchase the bonds and the Company may be prevented from performing its obligations under the agreement which the entity which you represent has entered into with the Company.

VI. AUTOMATED DECISION-MAKING AND PROFILING

We do not use Your Personal Data in order to carry out any automated decision-making or profiling. In the event that We decide to carry out any such automated-decision making or profiling in the future, We shall inform You prior to making any such use of Your Personal Data.

DATA RECIPIENTS

In the course of Our business, We work with third parties, typically our service providers or subcontractors, who may also be Our Processors. In particular, We may have to share Your Personal Data with the third parties set out below.

Third-Party Consultants and Professional AdvisorsService providers that assist Us in various matters relating to Our business, including lawyers, accountants, Financia Intermediaries and insurers.
Regulators, courts, law enforcement and other authoritiesEntities that may require the disclosure of Our Processing activities in certain circumstances, such as the executive police.
Authorised central securities depositories, namely the Malta Stock Exchange Entities appointed to act as registrar of the bonds contemplated in the Issuance T&Cs.

Other than as set out above we will typically not disclose Personal Data to third parties without Your Consent. There may, however, be times where we may need to disclose Your Personal Data to third parties without Your Consent and We shall only do so in accordance with the Applicable Laws.

We require all third parties with whom We share Personal Data to respect the security of such Personal Data and to treat it in accordance with relevant law, including the Applicable Laws.

We do not allow Our Processors to use Your Personal Data for their own purposes and only permit them to Process Your Personal Data for specified purposes and in accordance with Our instructions.

V.III INTERNATIONAL TRANSFERS OF PERSONAL DATA

We generally do not transfer Your Personal Data to persons or entities outside the EU and the European Economic Area (the “EEA”).

In the event of any such transfer of Your Personal Data to countries which are outside the EU/EEA, we shall ensure that a lawful basis for this exists and that appropriate safeguards are implemented for the protection of Your Personal Data, in accordance with the Applicable Laws. You may obtain a copy of the appropriate safeguards implemented by contacting the Company at the details indicated above.

IX. RETENTION OF PERSONAL DATA

We retain Your Personal Data only for as long as we have a valid reason to do so. To determine the appropriate retention period for Personal Data, We consider the amount, nature and sensitivity of the Personal Data, the potential risk of harm from unauthorised use or disclosure of Your Personal Data, the purposes for which We Process Your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements.

Our standard practice is to determine whether there are any specific laws permitting or obliging us to keep certain Personal Data for a certain period of time, in which case we will typically keep the Personal Data for the maximum period indicated by any such law.

Without prejudice to the hereunder, we would also determine whether there are any actions under any laws and/or contracts that may be invoked against us by You and/or third parties and if so, what the prescriptive periods for such actions are. These periods are usually of two or five years. In such cases, we will keep any relevant Personal Data that We may need to defend Ourselves against any claims, challenges or other such actions by You and/or third parties for such time as is necessary.

If You are personally a Bondholder in the Company or an individual who is entitled to receive interest payments on the bonds held by the Bondholder in the Company (such as a Financial Intermediary, a usufructuary, a guardian or a pledgee), We generally retain Your Financial Data for a period of ten (10) years from the date on which you cease to hold bonds in the Company. This retention period is in line with our obligations in terms of the Companies Act (Chapter 386 of the Laws of Malta).

In any case, We generally retain Your Identity Data and Contact Data for a period of five (5) years from the end of Our relationship with You and/or the Bondholder or Financial Intermediary, as the case may be, in order to be able to defend ourselves from any legal claims, challenges or actions by You and/or third parties which may arise in relation to Our relationship with You and/or the Bondholder or Financial Intermediary, as the case may be.

X. YOUR RIGHTS

In terms of the Applicable Laws, as a Data Subject and for as long as We retain Your Personal Data, You have the following rights in relation to such Personal Data:

  1. Access – You have the right to request access to Your Personal Data and information related to the Processing thereof, as well as obtain a copy thereof;
  2. Rectification – You have the right to request the rectification of any inaccuracies or any missing Personal Data of Yours;
  3. Erasure – You have the right to request the erasure of Your Personal Data;
  4. Restriction – You have the right to request the restriction of the Processing of Your Personal Data in cases explicitly provided for by law, including if You believe that We are unlawfully Processing Your Personal Data or that the Personal Data that We hold about You is inaccurate;
  5. Portability – You have the right to request that We provide You with Personal Data which We hold about You in a structured, commonly used and machine-readable format (except where such Personal Data was provided to Us in handwritten format, in which case, upon Your request, such Personal Data will be provided to You in such handwritten format). Where technically feasible, You may also request that We transmit such Personal Data to a third-party Controller indicated by You;
  6. Objection – You have the right to object to the Processing of Your Personal Data where we are relying on Our legitimate interests (or those of a third party) for such Processing;
  7. Automated decision-making and profiling – You have the right to object to a decision taken solely on the basis of automated Processing, including profiling, which has an impact on You or significantly affects You;
  8. Withdrawal of consent – if You have provided Consent for the Processing of Your Personal Data, You have the right to withdraw that Consent at any time, which will not affect the lawfulness of the Processing carried out such withdrawal; and
  9. Information about the source – where the Personal Data We hold about You was not provided to Us directly by You, You also have the right to receive any available information as to the source of such Personal Data.

Any of the above requests should be addressed in writing to [email protected]

You will not have to pay the Company to exercise any of the above-listed rights. However, We may charge a reasonable fee if Your request is clearly unfounded, repetitive or excessive.

Please note that none of above-listed rights are absolute and such rights must generally be weighed against Our own legal obligations and legitimate interests. If We are permitted, and if a decision is taken to override Your Data Subject request, We shall inform You accordingly.

XI. COMPLAINTS

We strive to be receptive to Your concerns and would appreciate it if You would contact Us in the first instance should You have any complaints or believe that We have breached any privacy rules. 

Nonetheless, should You feel wronged by Our data protection practices, You may file a complaint with the data protection supervisory authority of Your country of residence. In Malta, this would be the Office for the Information and Data Protection Commissioner, the contact details of which are as follows:

OFFICE OF THE INFORMATION AND DATA PROTECTION COMMISSIONER MALTA 

Email:   [email protected]

Phone:  +356 2328 7100

Address: Floor 2, Airways House, Triq il-Kbira, Tas-Sliema SLM 1549, Malta

XII. COLLECTION OF YOUR PERSONAL DATA FROM THIRD PARTIES

If You are a Bondholder, We may not always collect Your Personal Data from You directly. In the event that You have invested in Our Company through the services of a Financial Intermediary, We may also collect Your Personal Data from the Financial Intermediary. We shall only do so if a lawful basis exists for Our collection and Processing of Your Personal Data, as set out in section V of this Privacy Notice.

XIII. YOUR OBLIGATIONS

You acknowledge that, when providing Your Personal Data to the Company, You are required to provide Your actual, accurate and complete data. Furthermore, You must inform Us of any changes to the Personal Data We hold about You, so as to ensure that it is kept up-to-date and accurate.

In the event that You supply Us with Personal Data pertaining to third-party Data Subjects (such as a Bondholder, in the case that You are a representative of the Bondholder or a Financial Intermediary acting for the Bondholder), You shall be solely responsible to ensure that:

  1. You immediately bring this Privacy Notice to the attention of such Data Subject;
  2. the collection, transfer, provision and any Processing of such Personal Data by You fully complies with any applicable laws, particularly the Applicable Laws;
  3. You provide and/or collect, as may be applicable, any information notices, approval, Consent or other requirements as may be necessary from such Data Subjects prior to supplying Us with their Personal Data; and
  4. You remain responsible for ensuring that such Personal Data supplied to Us is accurate and up-to-date and You shall promptly inform us of any changes thereto.

You hereby fully indemnify Us and shall render Us completely harmless on first written demand against all costs, damages or liability of whatsoever nature resulting from any claims or litigation (whether instituted or threatened) against Us as a result of Your provision of Personal Data relating to third-party Data Subjects in breach of provisions (a) to (d) of this section XIII.

This section XIII shall supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between Us and the non-natural person, as applicable, whether written or oral, relating to this subject-matter.

XIV. PERONAL DATA OF MINORS

We do not generally Process any Personal Data pertaining to minors. In the event that We need to Process Personal Data pertaining to minors, We shall ensure that any such Processing is carried out in accordance with all applicable laws including collecting any necessary Consent for such Processing from the minors’ parents or guardians and ensuring that the minors receive this Privacy Notice and understand the Processing activities being undertaken by Us with respect to their Personal Data.

XV. GOVERNING LAW

This Privacy Notice is governed by and construed in accordance with the laws of Malta.