Privacy Policy

This Privacy Policy (the "Policy") sets out the manner in which MS Kapital (together, "MS Kapital", "we", "us", or "our"), collects, uses, processes, retains, protects, and discloses the personal data of individuals who visit or use our website at ms-kapital.com(the "Website") or who engage with us in the course of our business activities.

This Policy applies to all users of the Website, prospective and existing clients, business counterparties, investors, and any other person who provides personal data to MS Kapital through any channel, including but not limited to our Website contact forms, email communications, social media, events, or direct interactions with our team.

MS Kapitaloperates offices in the United Arab Emirates ("UAE") and India and provides services to clients across the UAE, India, the United Kingdom, and the United States. Accordingly, personal data may be processed under the UAE Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data ("UAE PDPL"), the Indian Digital Personal Data Protection Act, 2023 ("DPDP Act"), and, where applicable, the principles of the General Data Protection Regulation (EU) 2016/679 ("GDPR") and the UK GDPR, in relation to data subjects located in those jurisdictions.

Where this Policy refers to "you" or "your", it refers to the individual accessing the Website or providing personal data to MS Kapital. By using the Website, submitting any inquiry form, or otherwise engaging with MS Kapital's services, you acknowledge that you have read, understood, and agreed to the terms of this Policy. If you do not agree with this Policy, you should not use the Website or engage MS Kapital's services.

MS Kapital is the Data Controller in respect of Personal Data collected through the Website and in the course of providing its services.

For all matters relating to this Policy, data subject rights requests, complaints, or data breach notifications, you may contact our designated data protection contact at the email address admin@ms-kapital.com or phone number +971506942922, marking your communication with the subject line: "Privacy – Data Protection Request".

We aim to acknowledge all privacy-related communications within five (5) business days and to resolve substantive requests within thirty (30) calendar days of receipt, subject to the complexity of the matter.

MS Kapital collects two broad categories of data: (a) Personal Data you voluntarily provide, and (b) technical or aggregate data generated automatically during your interaction with the Website.

4.1 Personal Data Provided by You

When you interact with MS Kapital through the Website, email, phone, or in person, you may provide the following categories of Personal Data:

Identity Information: your full name, job title, designation, and the name of your organisation or company.

Contact Information: your email address, phone number (including country code), and postal address.

Business and Professional Information: the nature of your business, current sector, financial objectives, the scale of your operations, and any information you voluntarily disclose in the course of exploring our advisory services.

Inquiry and Correspondence Data:the content of messages, questions, or requests you submit through the Website's contact form or by email, including details of the services you are seeking from MS Kapital.

Event and Webinar Data: name, designation, organisation, and contact details provided when registering for or attending MS Kapital's events, seminars, webinars, or industry roundtables.

Career Application Data: curriculum vitae, academic credentials, professional history, and other information submitted in connection with an application for employment or internship with MS Kapital.

Marketing Preferences: records of your consent to or opt-out from receiving marketing or research communications from MS Kapital.

4.2 Automatically Collected Technical and Aggregate Data

When you visit the Website, certain technical information is automatically collected by our systems and third-party analytics tools (including Google Tag Manager and associated analytics services). This includes:

Your Internet Protocol (IP) address and approximate geographic location (country or city level).
Browser type, version, and operating system.
Device type and unique device identifiers.
Date, time, and duration of your visit to the Website.
Pages, sections, and links visited on the Website and the sequence of navigation.
The referring website or source from which you arrived at the Website.
Cookie identifiers and session data (please refer to Section 10 below for further detail on our Cookie practices).

4.3 Data from Third Parties

In certain circumstances, and only to the extent necessary for our advisory operations, MS Kapital may receive Personal Data about you from third-party sources, including publicly available professional directories, business registries, LinkedIn and other professional networks, and referral sources. Such data is processed only where MS Kapital has a legitimate interest or a contractual or regulatory basis to do so.

MS Kapital collects Personal Data through the following channels and methods:

Website Contact and Inquiry Forms: When you submit a contact or inquiry form on the Website, the data you provide (including your name, email, phone number, organisation, and the nature of your query) is transmitted to and stored by MS Kapital.

Direct Email and Telephone Communication: When you contact us by email at admin@ms-kapital.com or by phone, we record and retain the content of that communication together with your contact details.

Social Media Interactions: When you interact with MS Kapital's official accounts on LinkedIn, X (formerly Twitter), Instagram, or YouTube, data you make publicly available or submit to us through those platforms may be collected and processed.

Events and In-Person Meetings: At conferences, seminars, and business meetings, you may voluntarily provide your business card, email address, or other contact details.

Employment Applications: Data submitted in connection with job applications via email or any recruitment portal linked from the Website.

Cookies and Analytics Tools: Automatically collected data as described in Section 4.2 above, via cookies, server logs, and tools such as Google Tag Manager.

Referrals and Business Introductions: Where a third party refers you to MS Kapital, we may receive your name and contact information as part of that introduction.

MS Kapital processes your Personal Data only where one or more of the following legal bases apply. The applicable basis depends on the specific purpose for which your data is processed.

6.1 Consent

Where you have given your express consent to receive marketing communications, newsletters, event invitations, or research publications from MS Kapital. You have the right to withdraw your consent at any time without detriment to any services already provided.

6.2 Performance of a Contract or Pre-Contractual Measures

Where processing is necessary to enter into an engagement letter, service agreement, or non-disclosure agreement with you, or to fulfil obligations under an existing contract for the provision of advisory services including but not limited to valuation, investment banking, deal scouting, transaction advisory, and exit strategy services.

6.3 Legitimate Interests

Where processing is necessary for the legitimate business interests of MS Kapital, provided those interests are not overridden by your rights and interests. This includes: operating and improving the Website and its features; conducting business development and outreach activities; analysing industry trends, deal flow, and market intelligence; maintaining business records; detecting and preventing fraud or misuse; and communicating about services related to those you have already engaged.

6.4 Legal Obligation

Where processing is required to comply with applicable law or regulation, including anti-money laundering (AML) and know-your-customer (KYC) obligations, financial regulatory requirements, tax law, or any order made by a court or competent authority in the UAE, India, or any other applicable jurisdiction.

6.5 Vital Interests

In exceptional circumstances, we may process Personal Data where it is necessary to protect the vital interests of you or another person.

MS Kapital uses Personal Data collected from or about you for the following purposes:

7.1 Service Delivery and Client Advisory

To respond to your inquiries, evaluate your requirements, and provide advice and services you have requested, including deal scouting, valuation, investment banking, transaction advisory, and exit strategy planning.

To manage and administer contractual and pre-contractual relationships, including the preparation and execution of engagement agreements and non-disclosure agreements.

To identify and match business owners seeking buyers with appropriate investors and counterparties, and vice versa, in accordance with the mandate given to MS Kapital.

7.2 Website Operation and Improvement

To operate, maintain, secure, and improve the Website and its features.

To monitor and analyse website usage, visitor patterns, and user interaction in order to improve the user experience and content.

To diagnose technical issues, prevent system failures, and maintain the security and integrity of the Website.

7.3 Marketing and Communications

To send you marketing materials, insights articles, deal alerts, event invitations, and industry publications where you have given your consent or where MS Kapital has a legitimate interest in doing so in connection with related services.

To conduct market research, surveys, and client satisfaction assessments.

To promote MS Kapital's services on social media platforms and through electronic communications.

You may withdraw your consent to marketing communications at any time by contacting us at admin@ms-kapital.com or by using the opt-out mechanism in any marketing communication.

7.4 Recruitment and Human Resources

To evaluate applications for employment or internship, assess professional suitability, and administer the recruitment process.

With your consent, to retain your application for future vacancies for a period not exceeding twelve (12) months.

7.5 Legal, Regulatory, and Compliance Purposes

To comply with applicable AML, KYC, and regulatory due diligence obligations.

To manage and defend legal claims, conduct audits, and fulfil reporting obligations to regulators or government authorities.

To detect, prevent, and investigate fraud, misrepresentation, or unauthorised access.

7.6 Analytics and Business Intelligence

To compile and analyse aggregated, anonymised data for the purpose of understanding industry trends, deal activity, and capital flows, which informs MS Kapital's market intelligence and advisory services.

MS Kapital may share your Personal Data with third parties only in the circumstances described below. We do not sell, rent, or trade your Personal Data to third parties for their own independent marketing purposes.

8.1 Within the MS Holdings Group

MS Kapital may share your Personal Data with affiliated entities within the MS group (MS Kapital and other group companies) where this is necessary for the delivery of services, group-level compliance and governance, or business operations. All group entities are bound to maintain the confidentiality and security of any Personal Data shared.

8.2 Third-Party Service Providers

MS Kapital engages third-party service providers (Data Processors) who act on our behalf to support Website hosting and maintenance, IT services, data storage and cloud services, email communication services, analytics tools (including Google Tag Manager and Google Analytics), customer relationship management (CRM) systems, and event management platforms. These providers are contractually required to process Personal Data only in accordance with our documented instructions and to implement appropriate security measures.

8.3 Professional Advisors

We may disclose Personal Data to our lawyers, auditors, accountants, financial advisors, and other professional advisors where this is necessary for them to provide professional services to MS Kapital, subject to obligations of confidentiality.

8.4 Counterparties and Investors (Mandate-Specific Disclosure)

In the course of executing a specific advisory mandate (e.g., a buy-side or sell-side transaction, fundraising, or exit), MS Kapital may, subject to appropriate confidentiality agreements and non-disclosure obligations, share relevant information about a client or target company with potential investors, buyers, sellers, or other counterparties as required to progress the transaction. Such disclosures are made only to the extent strictly necessary for the purpose of the mandate.

8.5 Legal and Regulatory Disclosure

MS Kapital may disclose Personal Data to law enforcement agencies, regulatory authorities, courts, government bodies, or other competent authorities where such disclosure is required or permitted by applicable law, regulation, court order, or legal process, including for the purposes of AML and KYC compliance. Where permitted, we will endeavour to notify you of any such disclosure.

8.6 Business Transfers

In the event of a merger, acquisition, restructuring, sale of assets, or similar corporate transaction involving MS Kapital or MS Holdings, Personal Data held by MS Kapital may be transferred to the acquiring or successor entity, subject to equivalent data protection commitments.

MS Kapital operates from the UAE and India and serves clients in the UAE, India, the United Kingdom, and the United States. Accordingly, Personal Data collected from you may be transferred to, stored on, or accessed from servers or systems located in any of these jurisdictions.

Where Personal Data is transferred outside the jurisdiction in which it was originally collected, MS Kapital takes appropriate steps to ensure that such transfers are made in compliance with applicable data protection laws, including:

Transferring only to countries or territories that provide an adequate level of data protection as recognised by the originating jurisdiction;
Implementing contractual safeguards such as standard contractual clauses or data transfer agreements between the transferring entity and the recipient;
Obtaining your consent where required by applicable law; or
Relying on other lawful transfer mechanisms as recognised under the applicable legal framework.

You may request details of the specific safeguards in place for any cross-border transfer of your Personal Data by contacting us at admin@ms-kapital.com.

MS Kapital's Website uses cookies and similar tracking technologies (such as pixel tags and web beacons) to operate and improve the Website, analyse visitor behaviour, and deliver a personalised experience.

10.1 Types of Cookies We Use

Strictly Necessary Cookies: These cookies are essential for the Website to function and cannot be switched off. They enable core functions such as page navigation, security, and access to secure areas of the Website.

Performance and Analytics Cookies: These cookies allow us to count visits and understand how visitors interact with the Website. We use Google Tag Manager (GTM-M228J4PH) and associated Google Analytics services, which may transmit your IP address to Google Inc. servers. This information is used in aggregated, anonymised form to improve the Website.

Functional Cookies: These cookies enable enhanced functionality and personalisation, such as remembering your preferences and settings across sessions.

Marketing and Targeting Cookies: These cookies may be set through the Website by our advertising partners (if applicable) to build a profile of your interests. They do not store directly personal information but are based on uniquely identifying your browser and device.

10.2 Managing Your Cookie Preferences

You may manage or withdraw your consent to non-essential cookies at any time by adjusting your browser settings or through the cookie preference tool available on the Website. Please note that disabling certain cookies may affect the functionality and user experience of the Website.

For information on how to opt out of Google Analytics specifically, please visit: https://tools.google.com/dlpage/gaoptout.

10.3 Third-Party Technologies

The Website uses Google Tag Manager to manage and deploy analytics and marketing tags. Google Tag Manager processes limited technical information (including IP addresses) and operates in accordance with Google's Terms of Service and Privacy Policy. Any such transfers to the United States are covered by applicable data transfer frameworks. For more information, please refer to Google's Privacy Policy at  https://policies.google.com/privacy.

MS Kapital retains Personal Data only for as long as is necessary to fulfil the purposes for which it was collected, unless a longer retention period is required or permitted under applicable law or regulatory requirements.

As a general guide, the following retention periods apply:

Inquiry and Contact Form Data: retained for a period of up to three (3) years from the date of last contact, unless an ongoing service relationship is established.

Client Engagement Data: retained for the duration of the engagement and for a period of at least five (5) years thereafter, or such longer period as required under applicable regulatory obligations (including AML and KYC record-keeping requirements).

Website Technical Data and Cookies: session cookies are deleted at the end of the browser session; persistent cookies and server log data are retained for up to thirteen (13) months.

Marketing and Consent Records: retained until consent is withdrawn or for a period of three (3) years from the date of last interaction, whichever is earlier.

Recruitment and HR Data: retained for up to twelve (12) months following the conclusion of a recruitment process in respect of unsuccessful applications, with your consent, or for such period as required if an employment relationship is established.

Legal and Compliance Records: retained for such periods as are required under applicable law, regulation, or court order, which may be up to seven (7) years or longer in certain jurisdictions.

Upon the expiry of the applicable retention period, Personal Data will be securely deleted, anonymised, or archived in accordance with MS Kapital's data disposal procedures.

MS Kapital is committed to protecting the security of your Personal Data and implements industry-standard technical, physical, and organisational safeguards designed to prevent unauthorised access, loss, alteration, disclosure, or destruction of your Personal Data. These measures include:

Use of secure, encrypted servers for the storage and transmission of Personal Data.
Access controls and authentication mechanisms to restrict access to Personal Data to authorised personnel only, on a need-to-know basis.
Regular review and testing of our security systems and processes.
Training of staff on data protection obligations and information security best practices.
Procedures for detecting, responding to, and reporting Personal Data breaches in compliance with applicable law.

Notwithstanding the above, no method of electronic transmission or storage is completely secure. While we take all commercially reasonable steps to protect your Personal Data, MS Kapital cannot guarantee the absolute security of data transmitted to or from the Website over the internet. You acknowledge and accept this inherent risk.

If you become aware of any actual or suspected security incident relating to your Personal Data, or if you receive a suspicious communication purportedly from MS Kapital, please notify us immediately at admin@ms-kapital.com with the subject line: "Security Incident Report".

MS Kapital will notify you and any applicable regulatory authority of a confirmed Personal Data breach within the timeframe required by applicable law, subject to any exceptions or conditions set out therein.

Subject to applicable data protection law and any applicable exemptions or limitations, you have the following rights in relation to your Personal Data held by MS Kapital:

13.1 Right of Access

You have the right to request confirmation of whether MS Kapital holds Personal Data about you, and if so, to receive a copy of that data and information about how it is being processed.

13.2 Right to Rectification

You have the right to request that MS Kapital correct any Personal Data that is inaccurate, incomplete, or out of date. We will use reasonable endeavours to act on such requests promptly.

13.3 Right to Erasure ("Right to be Forgotten")

You have the right to request the deletion of your Personal Data where: the data is no longer necessary for the purposes for which it was collected; you withdraw your consent and no other legal basis for processing applies; you successfully object to processing; or the data has been unlawfully processed. This right is subject to legal, regulatory, or contractual obligations that require MS Kapital to retain certain data.

13.4 Right to Restriction of Processing

You have the right to request that MS Kapital restrict the processing of your Personal Data in certain circumstances, for example where you contest the accuracy of the data or object to our processing.

13.5 Right to Data Portability

Where processing is based on your consent or on a contract and is carried out by automated means, you have the right to receive the Personal Data you have provided to MS Kapital in a structured, commonly used, and machine-readable format, and to request that this data be transmitted directly to another controller, where technically feasible.

13.6 Right to Object

You have the right to object to the processing of your Personal Data where MS Kapital relies on legitimate interests as the legal basis, including objection to direct marketing, profiling, and any processing for purposes to which you have a particular objection based on your personal circumstances. MS Kapital will cease processing unless it has compelling legitimate grounds that override your rights.

13.7 Right to Withdraw Consent

Where processing is based on your consent, you may withdraw that consent at any time by contacting us at admin@ms-kapital.com. Withdrawal does not affect the lawfulness of processing carried out before the withdrawal.

13.8 Right Not to be Subject to Automated Decisions

MS Kapital does not make decisions about you that produce legal or similarly significant effects solely by automated means. If this practice changes, we will update this Policy accordingly.

To exercise any of the rights described above, please submit a written request to MS Kapital at admin@ms-kapital.com, clearly identifying yourself and the nature of your request. We may ask you to provide reasonable evidence of your identity before processing your request. We will respond to verified requests within thirty (30) calendar days, or within such shorter or longer period as may be required under applicable law.

The Website may contain hyperlinks to third-party websites, platforms, and resources operated by other entities within the MS group (such as ms-ca.com, dot-and.com, e7estates.com, kitaab.ai, and cedrah.org) or by unrelated third parties. This Policy does not apply to the data practices of those third-party websites.

MS Kapital has no control over the content, privacy policies, or security practices of third-party websites and accepts no responsibility for the personal data collected or processed by them. We encourage you to review the privacy policy of any website you visit via a link from our Website before providing any personal information to that site.

The presence of a link to a third-party website on the MS Kapital Website does not constitute an endorsement or recommendation of that website, its content, or its data practices.

MS Kapital may use your contact information to send you marketing communications, industry insights, deal flow updates, event invitations, and other information about our services and activities, provided that:

You have given your prior consent to receive such communications; or
MS Kapital has a legitimate interest in doing so in the context of an existing or prospective advisory relationship, and the communication is related to services of a type you have previously engaged or inquired about.

15.1 Opt-Out

You may opt out of receiving marketing communications from MS Kapital at any time by:

Clicking the "unsubscribe" link included in any electronic marketing message;
Sending an email to admin@ms-kapital.com with the subject line "Unsubscribe"; or
Contacting us by telephone on our India or UAE office numbers.

Opting out of marketing communications will not affect your ability to receive service-related communications in connection with a live advisory mandate or a contractual relationship with MS Kapital.

The Website and services of MS Kapital are directed exclusively to adults and business professionals. MS Kapital does not knowingly collect or solicit Personal Data from individuals under the age of eighteen (18). If we become aware that Personal Data has been collected from a minor without verifiable parental or guardian consent, we will take immediate steps to delete that data from our records.

If you believe that a minor's Personal Data has been submitted to MS Kapital, please contact us at admin@ms-kapital.com so that we may take appropriate action.

If you are not satisfied with how MS Kapital handles your Personal Data or responds to your rights request, you have the right to lodge a complaint with a competent supervisory authority in your jurisdiction. Depending on your location, this may include:

UAE: The UAE Data Office (established under the UAE PDPL), which oversees data protection compliance in the UAE.

India: The Data Protection Board of India (once operational under the DPDP Act), or any competent authority under applicable Indian law.

European Union / EEA: The data protection supervisory authority in your country of residence or the country where the alleged infringement occurred.

United Kingdom:The Information Commissioner's Office (ICO).

MS Kapital encourages you to first contact us directly to seek resolution of any concern. We are committed to working with you in good faith to address privacy-related complaints promptly and effectively.

MS Kapital reserves the right to update or modify this Policy at any time to reflect changes in our business practices, applicable law, or regulatory requirements. Where material changes are made, MS Kapitalwill take reasonable steps to inform you, which may include posting a prominent notice on the Website, updating the "Effective Date" at the top of this Policy, or sending you an email notification where we hold your contact details.

We encourage you to review this Policy periodically to remain informed about how we collect, use, and protect your Personal Data. Your continued use of the Website or engagement with MS Kapital's services following any modification to this Policy will constitute your acceptance of the updated terms. Previous versions of this Policy are superseded by the most current version published on the Website.

By accessing or using the Website, submitting any inquiry or contact form, engaging MS Kapital's services, or otherwise providing your Personal Data to us, you confirm that you have read, understood, and accepted this Privacy Policy and consent to the collection, use, disclosure, and processing of your Personal Data in the manner described herein.

If you are a corporate entity submitting information on behalf of another individual, you represent and warrant that you have obtained all necessary consents from the relevant individual(s) and are authorised to submit their Personal Data to MS Kapital.

If you do not agree with the terms of this Policy, you must refrain from using the Website and from engaging with MS Kapital's services.

For all questions, requests, complaints, or concerns regarding this Privacy Policy, the processing of your Personal Data, or the exercise of your rights, please contact MS Kapital's designated data protection contact using the following details:

MS Kapital — Data Protection Contact

Email: admin@ms-kapital.com
Phone: +971506942922
Subject Line: Privacy – Data Protection Request
Website: https://ms-kapital.com/contact

We are committed to responding to all legitimate privacy enquiries and complaints in a timely, transparent, and professional manner, consistent with our obligations under applicable data protection laws.