Marlborough Fund Managers Ltd
1. Data Protection Privacy Notice
1.1 In this notice (the “Data Protection Privacy Notice”), “MFM”, “we”, “us” and “our” means Marlborough Fund Managers Ltd and, if you invest in a Fund which is structured as an open-ended investment company (an “OEIC”) operated by MFM, the OEIC. We are committed to respecting your privacy. We are registered in the UK, with our registered office address at Marlborough House, 59 Chorley New Road, Bolton, BL1 4QP. Further company details are set out on this website.
1.2 For the purposes of data protection law MFM and, where applicable, each OEIC is a separate data controller in respect of your personal data. We are responsible for ensuring that we use your personal data in compliance with data protection law. The below clauses in this Data Protection Privacy Notice set out the basis on which any personal data about you, that you provide to us, that we create or that we collect or generate about you, will be processed by us.
1.3 This Data Protection Privacy Notice also applies to (i) any person whose personal data has been provided to us in connection with an application to open an Account and/or subscribe for Shares in a Fund (which could include a director, partner, trustee, employee, agent or direct or indirect owner of an applicant); or (ii) where we otherwise use a person’s personal data. For the purpose of this Data Protection Privacy Notice, a reference to “you” and “your” shall include the client of MFM who opens an Account, as well as any connected individual described in this Section 1.3.
Personal data we collect about you
1.4 We may collect and process the following data about you:
(A) information provided to us by you or (if different) the applicant in connection with your Account, your investment in a Fund or your use of the Services:
This might include your name and address (including proofs of name and address), contact details, date of birth, gender, nationality, photograph, signature, copies of identity documents, occupational history, job title, income, assets, other financial information, bank details, investment history, tax residency and tax identification information. Such information might be provided in an Application Form or in other documents (as part of an application process or at other times), face-to-face, by telephone, by email or otherwise;
(B) information that we collect or generate:
This might include information relating to your (or an applicant’s) investment in a Fund, your Account and transactions, use of the Services, a record of any correspondence between you and us (or our representatives), any recordings of telephone calls and website use data; and
(C) Information that we obtain from other sources:
This might include information obtained for the purpose of our know-your-client procedures (which include anti-money laundering procedures, counter-terrorist financing procedures, politically-exposed-person checks, sanctions checks, among other things), information from government or public bodies, public websites and other public sources and information received from the applicant’s advisers or intermediaries.
Use of your personal data
1.5 Your personal data may be stored and processed by us for the following purposes:
(A) to set up and manage your Account and/or process your transactions in Shares in the Funds and other Share dealings, including to perform anti-money laundering and know-your-client procedures, receiving payments from and making payments to you, calculating net asset value and more generally to perform Account opening processes and to oversee those processes;
(B) to provide you with information on products you may have requested through the Service, to notify you about changes to the Service and to ensure the on-going accuracy and relevance of such data;
(C) general business administration, including communicating with investors, communicating with service providers and counterparties, accountancy and audit services, risk monitoring, the administration of IT systems;
(D) compliance with legal and regulatory obligations and industry standards, including know-your-client procedures, the automatic exchange of tax information and legal judgments;
(E) for general internal research purposes, including to identify and analyse the regularity of use of particular aspects of the Service and the nature of the Service’s users;
(F) in respect of information shared with the investment manager(s) appointed in respect of a Fund (and its/their affiliates), business activities relating to a Fund, such as investor relations, discussions with the Fund’s service providers and counterparties, decision-making in relation to a Fund, and business strategy, development and marketing;
(G) to improve the design of products and services for your use; and
(H) to market certain products, services, events and content that may be of interest to you.
1.6 We are entitled to process your personal data in the ways described above in this Data Protection Privacy Notice for the following reasons:
(A) if you are the applicant, you may enter into a contract with us and some processing will be necessary for the performance of that contract, to provide the Service to you and to satisfy our obligations to you, or will be done at your request prior to entering into that contract;
(B) processing may be necessary to discharge a relevant legal or regulatory obligation;
(C) the processing will, in all cases, be necessary for the legitimate business interests of us (or one or more of our affiliates), an investment manager appointed in respect of a Fund, or another person, such as:
(1) carrying out our ordinary or reasonable business activities, or those of the applicable investment manager, or other persons, or other activities previously disclosed to our clients/investors or referred to in this Data Protection Privacy Notice;
(2) ensuring compliance with all legal and regulatory obligations and industry standards, and preventing fraud;
(3) establishing, exercising or defending legal rights or for other purposes relating to legal proceedings;
(4) ensuring the security of information systems; and
(5) conducting marketing and promoting our business, products and services.
(D) in respect of any processing of sensitive personal data falling within special categories, such as any personal data relating to the political opinions of a politically exposed person, the processing will be necessary for reasons of substantial public interest.
Disclosure of your personal data to third parties
1.7 We may from time to time, in accordance with the purposes described in this Data Protection Privacy Notice above, disclose your personal data to other parties, including (a) other members of MFM’s group, (b) the investment managers and its/their affiliates appointed in respect of the Fund, (c) professional advisers such as law firms and accountancy firms, (d) our/the Funds’ other service providers, agents and contractors, (e) counterparties and (f) courts and regulatory, tax and governmental authorities. Some of these persons will process your personal data in accordance with our instructions and others will themselves be responsible for their use of your personal data. These persons may be permitted to further disclose the personal data to other parties.
Transfers of your personal data outside of the European Economic Area
1.8 Your personal data may be transferred to and stored by persons outside the European Economic Area (the “EEA”), and in particular may be transferred to and stored by our affiliates or service providers.
1.9 Where personal data is transferred outside the EEA, we will ensure that the transfer is subject to appropriate safeguards or is otherwise permitted under applicable law. For example, the country to which the personal data is transferred may be approved by the European Commission, the recipient may have agreed to model contractual clauses approved by the European Commission that oblige them to protect the personal data, or the recipient may be located in the United States and be a certified member of the EU-US Privacy Shield scheme.
1.10 You can obtain more details on the protection given to your personal data when it is transferred outside the EEA, including a copy of any standard data protection clauses entered into with recipients of your personal data, by contacting us using the details set out under “Contacting us” in this Data Protection Privacy Notice below.
Necessity of personal data
1.11 The provision of certain personal data is necessary for us to provide the Service and for Shares to be issued to any applicant and for our compliance (and that of our service providers) with certain legal and regulatory obligations. Accordingly, if certain personal data is not provided when requested, an application might not be accepted or this may have other repercussions for your investment in Shares.
Retention of personal data
1.12 How long we hold your personal data for will vary. The retention period will be determined by various criteria including:
(A) the purpose for which we are using it – we will need to keep the data for as long as is necessary for that purpose; and
(B) legal obligations – laws or regulation may set a minimum period for which we have to keep your personal data.
1.13 You have a number of legal rights in relation to the personal data that we hold about you. These rights include the following:
(A) the right to obtain information regarding the processing of your personal data and access to the personal data which we hold about you;
(B) the right to withdraw your consent to our processing of your personal data at any time. Please note, however, that we may still be entitled to process your personal data if we have another legitimate reason (other than consent) for doing so;
(C) in some circumstances, the right to receive some personal data in a structured, commonly used and machine-readable format and/or request that we transmit that data to a third party where this is technically feasible. Please note that this right only applies to personal data which you have provided to us;
(D) the right to request that we rectify your personal data if it is inaccurate or incomplete;
(E) the right to request that we erase your personal data in certain circumstances. Please note that there may be circumstances where you ask us to erase your personal data but we are legally entitled and required to retain it;
(F) the right to object to, and the right to request that we restrict, our processing of your personal data in certain circumstances. Again, there may be circumstances where you object to, or ask us to restrict, our processing of your personal data but we are legally entitled and required to continue processing your personal data and / or to refuse that request; and
(G) the right to lodge a complaint with the data protection regulator (details of which are provided below) if you think that any of your rights have been infringed by us.
1.14 You can exercise your rights by contacting us using the details set out in the “Contacting us” section below.
1.15 You can find out more information about your rights by contacting the appropriate EU data regulator such as the UK’s Information Commissioner’s Office, or by searching their website at https://ico.org.uk/.
1.16 If you would like further information on the collection, use, disclosure, transfer or processing of your personal data or the exercise of any of the rights listed above, please address questions, comments and requests to 0808 145 2500.
2.1 Except where the context otherwise requires, in this Data Protection Privacy Notice the following words and expressions shall have the meanings set out below:
“Account” means an account (including, where relevant, an ISA) opened in your name to effect, redeem or hold, Shares in the Funds;
“Funds” refers to the authorised unit trusts and open-ended investment companies operated by MFM (as described in the SID) and “Fund” shall be construed accordingly. For the purposes of this Data Protection Privacy Notice, “Funds” may (if the context requires) refer to a sub-fund an open-ended investment company operated by MFM;
“ISA” means an individual savings account satisfying the conditions prescribed in the ISA Regulations;
“ISA Regulations” means the Individual Savings Account Regulations 1998 (as amended);
“Services” means any Accounts you open with MFM and the investments you hold through them and any ancillary services which MFM may provide to you from time to time;
“Share(s)” means (as the context requires): (i) a share or shares in a Fund that is an open-ended investment company; or (ii) a unit or units in a Fund that is an authorised unit trust; and
“SID” means the Supplementary Information Document.
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