Privacy notice

 

We take the protection of your personal data very seriously and this notice (the “Privacy Notice”) relates to any personal information that you give to us or any that we may collect from or about you. It applies to all products and services that we provide that involve the use of your personal data. It covers the following:

  1.  Which types of personal data about you that we process
  2.  Why we process your information
  3.  Who we share your information with
  4.  Transfer of personal data outside the European Economic Area
  5.  The rights you have under the EU General Data Protection Regulation (GDPR)
  6.  Cookies
  7.  Links to third-party websites
  8.  How long we keep your information
  9.  Do I have the obligation to provide the data ?
  10.  Amendments of this Privacy Notice
  11.  How you can contact us if you have any questions or wish to exercise any rights you may have

Eastspring Investments (Luxembourg) S.A. (the “Management Company” or “we”), a société anonyme incorporated in Luxembourg with registered address at 26, boulevard Royal, L-2449 Luxembourg, registered with the Luxembourg trade and companies under number B173737, are responsible, as a controller, for the processing of your personal data in relation to our activities.

1. WHICH TYPES OF PERSONAL INFORMATION DO WE PROCESS ?

We may collect and use the following categories of personal data in the framework of our activities either from you and/or from third parties:

  1. Contact information such as first name, last name, postal address, (business) telephone, fax number, e-mail address;
  2. Personal information such as nationality, gender, age, date of birth and place of birth;
  3. Government issued identifiers such as passport, identification card, tax identification number, national insurance number;
  4. Financial information such as bank details;
  5. Tax domicile and other tax-related documents and information;
  6. Products and services you hold with us, as well as have been interested in and have held;
  7. Origin of funds and assets where appropriate;
  8. Financial situation and knowledge and experience in investment matters where appropriate.
  9. Personal data that you provide by filling in forms on our website or using our contact details (this may include your country of residence, your quality of professional or non-professional investor, identification data such as your name, email address, telephone number; and information related to your personal situation (employment and occupation));
  10. If you contact us by phone or email, any records of these exchanges;
  11. Data technically transmitted when you access or browse our website, notably obtained through the use of cookies (including date and time of access, language preferences, IP address, operating system used, number of visits, pages of our website you have visited, etc.).

2. WHY ARE WE PROCESSING YOUR INFORMATION ?

Your personal data is processed, where such processing is necessary:

2.1 For the purposes of entering into or performing a contract to which you are a party and/or to whom you are related: this includes processing your personal data for the purpose of the provision of investor-related services including account administration, handling of orders, management of subscription, redemption and transfer of shares, maintaining the register of investors and distributions, managing distributions including the allocations of profit and loss between investors, internal audit validations, communications and more generally performance of services requested by and operations in accordance with the instructions of the investor;

2.2 For compliance with legal and regulatory obligations: this includes processing your personal data for the purpose of compliance with applicable laws such as Know-Your-Customer (KYC) and Anti-Money Laundering and Combating the Financing of Terrorism (AML/CFT), legislation relating to sanctions or the prevention and detection of crime, complying with requests from, and requirements of, local or foreign regulatory or law enforcement authorities, tax identification and, as the case may be, reporting, notably under the act of 18 December 2015 concerning the automatic exchange of financial account information in tax matters implementing Council Directive 2011/16/EU on Administrative Cooperation in the field of Taxation (as amended by Council Directive 2014/107/EU), which notably aims at the implementation by financial institutions of reporting and due diligence rules which are fully consistent with those set out in OECD’s standard for automatic exchange of financial account information (commonly referred to as the “Common Reporting Standard” or CRS), the act of 24 July 2015 approving the Agreement between the Grand Duchy of Luxembourg and the Government of US in view to improve international tax compliance and relating to the dispositions of the United States of America concerning the exchange of information commonly called the "Foreign Account Tax and Compliance Act" (FATCA), as the afore mentioned laws may be modified from time to time, and any other automatic exchange of information (AEI) regimes to which we may be subject from time to time. Where required, such data will be shared with Luxembourg tax authorities and may be forwarded by the latter to foreign tax authorities. With respect to FATCA and/or CRS purposes, please note that (i) your personal data may be processed and transferred to the Luxembourg Direct Tax Authority who may transfer such data to the competent foreign tax authorities, including the US Internal Revenue Service or any other US competent authority, only for the purposes provided for in the FATCA and the CRS rules as well as to service providers for the purpose of effecting the reporting on our behalf and (ii) for each information request sent to the investors, addressing such information requests is mandatory and failure to respond may result in incorrect or double reporting;

2.3 For the purposes of legitimate interests: (a) as a business it is in our legitimate interests to process personal data for risk management and fraud prevention purposes, for the evaluation of the investor’s financial needs, monitoring the investor’s financial situation including for assessing its creditworthiness and solvency, to manage litigation and for accounting purposes. We may disclose your personal data to service providers for the purpose of effecting the processing on our behalf. We will use such information to the extent required for the exercise or defence of legal claims or for the protection of rights of another natural or legal person ; (b)if your data was provided to us by the investor (especially where the investor is a legal entity), we also process personal data relating to you in our and the investor’s legitimate interest for the purpose of the provision of investor-related services including account administration, handling of orders, evaluation of the investor’s financial needs, monitoring the investor’s financial situation including for assessing its creditworthiness and solvency, management of subscription, redemption and transfer of shares, maintaining the register of investors and distributions, managing distributions including the allocations of profit and loss between investors, internal audit validations, communications and more generally performance of services requested by and operations in accordance with the instructions of the investor; (c)to send marketing communications about products and services we believe are of interest to our business contacts ;(d)to help us to administer, evaluate and improve our business, our products and services ;(e) to personalise your experience on our website so as to assure you the best possible user experience; and

2.4 With your consent: to the extent one or more processes presupposes that you give your prior consent thereto, we will contact you and ask for your consent as appropriate (which consent may be withdrawn at any time, without affecting the lawfulness of processing based on consent before its withdrawal).
Insofar as you have given us your consent for the processing of personal data, such consent will serve as a legal basis for the referred processing. This includes the consent that you may have given in relation to the use of cookies.

3. WITH WHOM MAY PERSONAL DATA BE SHARED ?

We may share your personal data with selected third parties as set out above.
In some circumstances, the Management Company may also disclose your personal data to the following recipients:

  1. (a) any third parties as may be required or authorized by law (including but not limited to public administrative bodies and local or foreign public and judicial authorities, including any competent regulators);
  2. (b) any third parties acting on the Fund and/or the Management Company’s behalf (such as service providers), including their respective advisers, auditors, delegates, agents and service providers;
  3. (c) any subsidiary or affiliated company of the Management Company and/or the Eastspring group;
  4. (d) any of the Fund and/or the Management Company’s respective shareholders, representatives, employees, advisers, agents, delegates, auditors and service providers;
  5. (e) persons acting on behalf of investors, such as payment recipients, beneficiaries, account nominees, intermediaries, correspondent and agent banks, clearing houses, clearing or settlement systems, market counterparties, companies in which the investor has an interest, etc.; and
  6. (f) parties involved in connection with any business reorganization, transfer, disposal, merger or acquisition on the level of the Fund and/or the Management Company and/or the Eastspring group.

4. WHERE IS PERSONAL DATA TRANSFERRED TO?

For the purposes listed above, your personal data will be transferred to any of the aforementioned recipients and service providers in any jurisdiction. Transfers of such data shall be made to countries located in or outside of the European Economic Area (the “EEA”). Certain countries in which recipients and data processors may be located and to which personal data may be transferred may not have the same level of protection of personal data as the one afforded in the European Union. personal data transferred to countries outside of the EEA will be protected by appropriate safeguards such as standard contractual clauses approved by the European Commission and you may obtain a copy of such safeguards by contacting us at privacy@eastspring.lu.

In particular, personal data may be transferred to the following countries: Singapore, Hong Kong.

5. YOUR RIGHTS

5.1 Right to information, rectification, erasure and restriction of processing

You may request to obtain at no costs, within reasonable intervals, and in a timely manner, the communication of the personal data being processed, as well as all information on the origin of those data.

You also have the right to rectify your personal data held about you that is inaccurate.

In cases where the accuracy of the personal data is contested, the processing is unlawful, or where you have objected to the processing of your personal data, you may ask for the restriction of the processing of such personal data. This means that personal data will, with the exception of storage, only be processed with or for the establishment, exercise or defence of legal claims, for the protection of the rights of another natural or legal person or for reasons of important public interest of the European Union or of an EU Member State. In case a processing is restricted, you will be informed before the restriction of processing is lifted.

You may request the deletion of personal data held about you, without undue delay when the use or other processing of such personal data is no longer necessary for the purposes described above, and notably when consent relating to a specific processing has been withdrawn or where the processing is not or no longer lawful for other reasons.

5.2 Right to object

You may object to processing of your personal data which is based on the legitimate interests pursued by us or by a third party. In such a case we will no longer process your personal data unless we have compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.

Your right to object is not bound to any formalities.

5.3 Right to withdraw consent

You have the right to withdraw your consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal. This also applies to any consent given before the coming into force of the GDPR on 25 May 2018. The withdrawal only affects future processing.

5.4 Right to data portability

Where the processing of your personal data is based on consent or the execution of a contract with you, you also have the right to data portability for information you provided to us – this means that you can obtain a copy of your data in a commonly use electronic format so that you can manage and transmit it to another data controller.

5.5 Right to lodge a complaint

In the event that you wish to make a complaint about how we process your personal data, please contact us in the first instance at the email address indicated below and we will endeavour to deal with your request as soon as possible. This is without prejudice to your right to file a complaint with the Luxembourg data protection authority, the Commission nationale pour la protection des données, or another European data protection authority (e.g. in your country of residence), in the event you have concerns on the processing of your personal data.

7. LINKS TO THIRD PARTY WEBSITES

Our website might contain link to third party websites.

This Privacy Notice solely concerns our website, and we do not accept any responsibility or liability for third party websites.

Please check the privacy notice for these third parties websites.

8. FOR HOW LONG IS PERSONAL DATA RETAINED?

We only keep your information for as long as required to provide you services unless there is a legal or regulatory requirement that we keep it for longer.

9. DO I HAVE THE OBLIGATION TO PROVIDE THE DATA?

The personal data that is required for the performance of the contract with the investor and that is required for the Fund and/or the Management Company to comply with their legal obligations is mandatory information. Without the provision of this personal data, the Fund will not be able to enter into or continue the execution of the contract with the investor.

10. AMENDMENT OF THIS PRIVACY NOTICE

We may amend this Privacy Notice from time to time to ensure that you are fully informed about all processing activities and our compliance with applicable Data Protection Legislation.

We invite you to review the latest version of our Privacy Notice online at www.eastspring.com/lu. Changes to this Privacy Notice will be brought to your knowledge by appropriate means..

11. CONTACT

If you have any questions about this notice or want to exercise any of the rights disclosed in Part 5 of this notice, you may contact us by email at our local privacy team at privacy@eastspring.lu.