Privacy

Privacy Policy

How we use your personal information and why

We need to use some personal information to provide you with our service and to fulfil our contract with you.

We mainly use the personal information we hold about you where it is necessary for us to perform our contract with you and/or to enable us to comply with legal obligations. Your personal information will also be used when it is in our legitimate interest. A legitimate interest is when we (and sometimes third parties) have a business or commercial reason to use your information. But even then, our legitimate interest must not unfairly go against what is right and best for you. Each of these categories is a ‘legal basis’ that allows us to process your information under data protection law. We have provided further information below about what this actually means, in terms of how we process, or the purposes for processing your personal information relevant to each legal basis.

We need to use some personal information to provide you with our service and to fulfil our contract with you

To communicate with you about your investment(s), product or service (i.e. periodic statements), to verify that your instructions are genuine and to process them accordingly;
To enable us to process your subscription, switch, conversion or redemption instruction, and to enable payments to be made or, if relevant, currency to be converted for you;
To notify you about changes to your investment(s) (such as a change of name, or amendments to the investment policy of a fund), or to allow you to exercise rights in relation to your investment(s) (such as voting rights), to evidence your ownership of an investment;
To recover any money amount owed to us;
To investigate and deal with complaints or disputes;
To contact you when we have updated this Privacy Notice and consider that it is necessary to advise you about any changes to the way we are processing your personal information;
To transfer your personal information to any third party who replaces a Brexits Asset Management company as a provider of services to you; and/or
To share your personal information with third parties (such as our service provider who assists us administer or process transactions on our behalf) if required for the management of your product or service.

Use of your information is necessary for us to comply with our legal obligations

We need to use some personal information to comply with legal obligations.

To verify your identity and to carry out regulatory checks (such as anti-money laundering and identity verification checks);
To enable a register of investors to be maintained;
To contact you with notices about your investments and to organise extraordinary general meetings of the funds;
Determining the outcome of investor votes (such as the verification and counting of proxy cards);
To detect, prevent and/or investigate fraud, money laundering and other financial crimes;
To comply with audit requests from our auditor; or the auditor or depositary of the fund you invest into (if we are not able to anonymise/redact information);
To combat and maintain controls in respect of late trading and market timing practices;
To ensure you are eligible for a product (such as an ISA);
To verify the adequacy of your income, net worth or investment experience (e.g. If you request to be categorised as a professional investor). Please note, this is not necessary for all investors, and only applies in specific situations and for specific products and/or services;
To comply with requests made by you when exercising your legal rights (such as those contained within this Privacy Notice);
Recording incoming and outgoing calls for regulatory purposes;
To carry out monitoring of trades and transactions for continued compliance with our regulatory obligations (such as anti-money laundering) and to keep records of the transactions we’ve undertaken;
When, to achieve the above purposes, we share your personal information with the following categories of individuals or organisations:
- Law enforcement agencies and governmental and regulatory bodies such as tax authorities, financial regulators/ombudsmen and non-financial regulators (depending on the circumstances of the sharing); and/or
- Courts and to other organisations where it is necessary for the administration of justice, to protect vital interests and to protect the security or integrity of our business operations.

Use of your information which is necessary to pursue our ‘legitimate interests’

We are allowed to use your personal information to pursue our own interests as long as your fundamental interests do not override these.

This will include processing which, on balance, we consider is in our legitimate interests and which do not cause you undue prejudice. Our legitimate interests which are applicable to our processing of your personal information include:

Identification verification, and any anti-fraud, anti-money laundering and such other checks to confirm your identity and to ensure that the investments which we handle for you are done in compliance with our legal obligations;
Recording incoming and outgoing calls for training, monitoring, and security purposes, as well as to keep an accurate record of any instructions received from you in relation to your investments;
Administering and managing your account(s) and services relating to that, updating your records, tracing your whereabouts to contact you about your account;
To adhere to guidance and best practice under the regimes of governmental and regulatory bodies such as tax authorities, financial regulators/ombudsmen and non-financial regulators;
For management and audit of our business operations including accounting;
Reviewing and improving the information provided on the Brexits Asset Management Website to ensure is it user friendly and to prevent any potential disruptions or cyber-attacks;
Conducting analysis required to detect malicious data and understand how this may affect your IT system;
For statistical monitoring and analysis of current attacks on devices and systems and for the on-going adaptation of the solutions provided to secure devices and systems against current attacks;
To carry out searches at identity verification agencies pre-application, at the application stage, and periodically after that;
To determine the target market for our existing and future products (e.g. Determining whether a product is meeting the needs of investors);
To contact you when we have updated this Privacy Notice and consider that it is necessary to advise you about any changes to the way we are processing your personal information;
When, to achieve the above purposes, we share your personal information with the following categories of individuals or organisations:
- Members of our Group;
- Our legal and other professional advisers, auditors;
- Governmental and regulatory bodies such as tax authorities, financial regulators/ombudsmen and non-financial regulators (depending on the circumstances of the sharing);
- Tax authorities who are overseas for instance if you are subject to tax in a different jurisdiction to the fund, we may share your personal information directly with relevant tax authorities (instead of through the local authority);
- Other organisations and businesses who provide services to us under contract such as agents that recover money owed to us, back up and server hosting providers, IT software and maintenance providers, document storage providers and suppliers of other back office functions;
- Buyers or successor managers of a fund and their professional representatives as part of any restructuring or sale of our business or assets;
- Identity verification agencies (see below for more information); and/or
- Market research organisations who help us to develop and improve our products and services

(Should you have any questions about the above listed categories of people and/or organisations, please contact us using the contact information provided in this Privacy Notice.)

If you have further questions about the third parties, we share your personal information with, please contact us. The relevant details are set out in Part B.

Use of your personal information with your consent

Where we are relying on your consent to process your personal information, you are entitled to withdraw your consent at any time. However, as noted above, we are usually processing your personal information based on another reason, in which case withdrawing your consent will not change how we process your personal information. If you wish to withdraw your consent you may do so by contact us using the information in Part B.

Unlike the uses described above, sometimes we rely on your consent to use your personal information. We will rely on your consent:

When you request that we share your personal information with someone else and consent to that (for example if you engage the services of a professional advisor after you have become a client or investor of ours and request that we provide information about your account to that professional advisor);
Where you have submitted an application for employment on the Brexits Asset Management Website, to process your application;
Where you have opted-in to receiving marketing communications (and have not subsequently opted-out or requested to be removed from any marketing list); and/or
When you volunteer information to us in correspondence, which information we need in order to respond to your enquiry, and only where lawful to do so.

You have the right to withdraw your consent at any time – the contact information is given in Part B. Please note, if you do withdraw your consent, this will mean that we will stop similar future processing. However, the withdrawal of your consent will not invalidate any processing which we previously undertook before you withdrew your consent. Please note that, where we rely on another lawful reason to process your personal information which does not require your consent, withdrawing your consent will not affect that processing. This is the case where the processing is necessary for our performing our contract with you, or where we must process your personal information to comply with law, as described above. We will continue to process your personal information for those lawful purposes notwithstanding the fact that you have withdrawn your consent for one of the above listed purposes that requires your consent.

Whether you have to provide personal information

If you want to use our services, there is some information which you will be required to provide to us either because of legal requirements, or because we need that information to provide our services to you.

We are required to collect some personal information by law and regulation. For example, we are required to verify your identify before we can accept any applications. In other cases we need the information in order to provide our service to you. For example, we need your bank account information to send you the proceeds of your investments. We will tell you when the personal information requested is mandatory, or if it is voluntary. If you do not provide that personal information that is mandatory, we will be unable to properly provide you with the services and/or perform all obligations under our agreement with you. Where you choose not to provide us voluntary personal information this may reduce the quality of service we are able to provide (for example, if you only provide us your postal address and do not provide us with your e-mail address, we will only be able to contact you by postal mail).

Will we share your personal information with others

Your personal information will be shared with other businesses, regulators and authorities. If you have further questions about the third parties we share your personal information with, please contact us using the details in Part B.

Yes, there are times when we are either mandated by law to disclose your personal information to third parties (such as Tax authorities). In addition, where we or a fund contracts third parties to help us run our business or fulfil the operation of the fund, we will also disclose your personal information to those third parties, but always subject to appropriate contracts and safeguards. We will never sell, rent or trade your personal information. We will share your information with others who have a duty to keep it secure and confidential, and where we have a lawful reason for doing so, as explained above. The categories of organisations that we will share your information with are:

Other Brexits Asset Management companies;
Our or the fund’s service providers, agents and sub-contractors who administer or process information on our behalf (such as a fund’s transfer agent, registrar, paying agent, representative, facilities agent, auditor, depositary, custodian, investment manager, sub-investment manager and global distributor (if relevant));
Professional advisors, such as lawyers, accountants, actuaries; and/or
Anyone we transfer our rights and duties to – e.g. If we restructure or sell our business.

We can also share your information with UK and overseas regulators and authorities in connection with their duties (such as crime prevention), and/or in connection with our compliance with legal and/or regulatory obligations. In some markets where the funds invest, we are required to share information on substantial investors with the market / local exchanges / regulators for market transparency. This information may become publically available. We cannot control all use of your information by third parties (especially where they are not our service providers and under contract with us, for example personal information shared with regulators). As such, where your personal information has been shared with another data controller entity, you will have rights over how that third party handles your personal information and you can and should contact those parties directly if you want to exercise your rights in relation to those third party’s uses of your personal information.

Your personal information will be shared with credit reference agencies for anti-money laundering and identity checks.

Sharing with identity verification agencies

In order to become a client or investor of ours, we will perform identity checks on you with one or more credit reference agencies (‘CRAs’). To do this, we will supply your personal information to CRAs and they will give us information about you. CRAs will supply to us both public (including the electoral register) and shared credit, financial situation and financial history information and identity verification information. The identities of the CRAs, their role, the data they hold, the ways in which they use and share personal information, data retention periods and your data protection rights with the CRAs are explained in more detail at www.experian.co.uk/crain/.

Where we transfer your data

We transfer your data outside of the European Economic Area (EEA) to countries such as the USA and Germany

Brexits Asset Management is an international business with processing units based in many different geographical locations. As a result, we, or our administrators or other service providers or agents of the funds, will process and transfer your personal information outside the European Economic Area (EEA) to group companies who have strict obligations to keep the information secure. In particular, Brexits Asset Management and its service providers process information in the following non-EEA jurisdictions:

Australia
The Bailiwick of Guernsey
Canada
Hong Kong
India
Malaysia
Singapore
Germany
Taiwan
Thailand
USA

We will also share your personal information, where necessary, with regulatory authorities in the home state of the Brexits Asset Management fund in which you have invested, and overseas. It is possible that those authorities will, in turn, also share your information with other regulators. However, when they do so, they do so in their own legal capacities. So, if you would like more information about how they handle your personal information, you will need to contact them directly. Where we transfer your personal information outside of the EEA, the safeguards that we will use to protect your personal information include contractual obligations imposed on the recipients of your personal information. Those obligations require the recipient to protect your personal information to the standard required in the European Economic Area. Safeguards also include requiring the recipient to subscribe to ‘international frameworks’ intended to enable secure data sharing and where the framework is the means of protection for the personal information.

How long we will keep your information

Your information may be held for a considerable period after our relationship ends (or indefinitely if anonymised). If you have further questions about our data retention practices, please contact us using the details in Part B.

We will keep your personal information as long as you are a client of, or investor with, the Brexits Asset Management Group. After you cease to be a client of ours, or investor with us, we may keep your data for up to an additional 10 years for one of the below reasons:

To respond to any questions or complaints
To show that we treated you fairly
To maintain records in accordance with the rules that apply to us
We may keep your data for longer than 10 years if we cannot delete it for legal, or regulatory reasons. We may also keep it for research or statistical purposes. If we do, we will make sure that your privacy is protected and only use the data for those purposes and, to the extent possible anonymised

If we anonymise your personal information so that it can no longer be associated with you, it will no longer be considered personal information, and we can use it without further notice to you.

Your rights (‘data subject’ rights)

You have a number of rights over your personal information including a right to object to the processing of your information. You will not be able to use these rights in all circumstances. You are also entitled to make a complaint to the regulator.

Under data protection law you have a number of rights (set out below). Please note that these rights are not without limitation, and in some instances may not be available. Where applicable, you have the right to:

Be informed about our processing of your personal information
Have inaccurate/incomplete personal information corrected/completed;
Object to the processing of your personal information
Restrict the processing of your personal information
Have your personal information erased
Request access to your personal information and to obtain information about how we process it
Move, copy or transfer your personal information digitally
Object to automated decision making, such as profiling.

To exercise your rights as set out above, please write to us using the details in Part B. There is no fee for making these requests. However, if your request is excessive or unfounded, we can charge a reasonable fee or refuse to comply with it. You also have the right to lodge a complaint with your local data protection regulator if you think that we have infringed any of your rights. Information about your local data protection regulator is set out in Part B. Pursuant to applicable law, you will not be discriminated against for exercising certain of your rights as set out above.

Brexits Asset Management Website and other websites

The content of this notice is likely to change over time. We will tell you if it changes. We will always have the latest version available on the Brexits Asset Management Website.

If you use the Brexits Asset Management Website, we may collect technical information through the use of cookies. For example, what pages of the Brexits Asset Management Website were visited by each user, any documents downloaded and security incidents. For more information on the cookies used by Ninety One, please see our Cookie Policy. If you use the Brexits Asset Management Website and follow a link from it to another website different privacy policies may apply. Prior to submitting any personal information to a website, you should read the privacy notice applicable to that website.

Future changes to this privacy notice

We reserve the right to update this privacy notice at any time, and we will notify you when we make any substantial updates. We will also notify you in other ways from time to time about the processing of your personal information. For example, if you take out a new product with us.