PRIVACY NOTICE – US INSTITUTIONAL
As published 24 January 2020
This Privacy Notice (“Notice”) applies to: Merian Global Investors (UK) Limited (and its branches), Merian Investment Management Limited and the funds which it operates, Merian Global Investors (Asia Pacific) Limited, Merian Global Investors (Singapore) Pte. Limited, Merian Global Investors (Schweiz) GmbH, Merian Global Investors Series Plc, Merian Global Investors Series II ICAV, Merian Global Investors Series III ICAV, Merian Global Investors (Europe) Limited, MGI Arbea Fund Limited, MGI Arbea Master Fund Limited and Merian Chrysalis Investment Company Limited, to the extent they process your personal data, each of which shall be a separate data controller for the purposes of the DP Legislation (as applicable) (as defined below). References in this notice to “Merian Global Investors”, “we”, “us” and “our” are to the individual entity which collects your personal data.
We are committed to protecting your privacy and ensuring that your personal data is collected and used appropriately, lawfully and transparently.
This Notice explains:
With respect to personal data collected by us via our Website, www.merian.com this Notice forms part of, and should be read in conjunction with the Website’s Terms and Conditions of use. This Notice does not apply to information collected by any third parties on our Website, including through any application or content that may link to or be accessible from, or on, the Website.
Who We Are
Merian Global Investors provides cross-border investment solutions, asset management and discretionary management services on a global basis.
Merian Global Investors (UK) Limited is subject to the UK Data Protection Act 2018 (“DPA”) as well as EU Regulation 2016/679 (“GDPR”) and the Data Protection (Bailiwick of Guernsey) Law 2017 (the “DP Law” and together with the DPA and the GDPR, the “DP Legislation”). In addition, other Merian Global Investors entities are subject to other laws and regulations, including data protection laws in their respective jurisdictions.
If you are a nominee investor or a corporate entity, this notice will be relevant for those individuals connected to you and you should transmit this document to such individuals for their awareness and consideration.
What Personal Data We Collect
Personal data means information by which you may be personally identified directly or indirectly. We collect certain personal data about you when you use our Website, contact us about products and services, complete a fund application form, or register to receive one of our mailings, . The type of personal data we collect will depend on the purpose for which it is collected and will include:
We will collect personal data directly from you. We ask for personal data at the start of our relationship (e.g. when you complete a fund application form), and in subsequent communications in order to check your identity. This is a legal requirement in some jurisdictions and is important to help safeguard you and us against potential crime.
We also collect personal data about you from other sources such as external third parties. We collect your contact details and other personal data from third parties or public sources, including for direct marketing purposes. Where we provide our services or products to trusts, we collect personal data on the beneficiaries and trustees. Where we provide our services to companies we may collect personal data on directors, shareholders and beneficial owners of the company. We will also collect information from third parties in order to verify your identity.
We also collect information from your use of our Website via cookies. Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work or work more efficiently, as well as to provide information to the owners of the site. To learn more about how information is collected through cookies, please visit our Cookies Policy.
We may collect so called ‘sensitive’ or ‘special categories’ of personal data, such as details about your: dietary requirements, health (for example, so that we can make reasonable accommodations for you in our products and services, or where you may visit our offices) and sexual orientation (for example if you provide us with details of your spouse or partner). The types of personal data and special categories of personal data that we collect may vary depending on the nature of the services that we provide to you. In some rare circumstances, we also gather other special categories of personal data about you because you volunteer that data to us or we are required to gather that data as a result of legal requirements imposed on us.
How We Use Your Personal Data (Purpose of Processing) and on What Legal Basis
We are not allowed to process personal information if we do not have a valid legal ground for doing so. Therefore, we will only process your personal data for the following purposes (and will contact you if we need to use your personal data for an unrelated purpose) :
To perform our contract with you and to support and maintain that relationship. This includes the following:
To comply with legal and regulatory requirements. These requirements include the following:
For specific business purposes which are in our legitimate interests without affecting your rights and freedoms. This includes the following:
For any other specific purpose where you have otherwise consented to the processing of your personal data.
You have the right to object to us processing your personal data for such business purposes and in certain circumstances we will ask for your consent.
To the extent that we process any sensitive personal data relating to you for any of the purposes outlined above, we will only do so where we have a legal basis for such processing, including where required or permitted under applicable law or where we have your consent (where we are legally required to do so).
If provision of your personal information is a legal or contractual requirement or a requirement necessary to enter into a contract with us, and you choose not to provide it, we may not be able to perform some of the tasks we need to in order to provide certain products or services to you.
If you do choose to provide your consent you can withdraw it at any time by contacting us.
Information for marketing purposes
We use your information to identify products, services and events that we think may be of interest to you. We will only send you marketing messages where you have consented to such contact, or in the case of products and services, where these are similar to those that we have already provided to you.
You have the right to ask us not to send you marketing messages by post, telephone or e-mail or any combination of these at any time. You can also let us know at any time that you wish to change your mind and to start receiving such messages. You can do this:
If you choose to unsubscribe, we will cease to send you such communications as mentioned above within a reasonable timescale.
Who We Share Your Personal Data with and Why
As a matter of policy, we do not disclose your personal data to non-affiliated third parties, except as required or permitted by law or for our everyday business purposes, such as to process transactions or service a client account. We share your personal data with trusted third parties, who perform tasks for us and help us to provide our products and/or services to you, and with other agencies where required by law, court order or regulation. These include:
Where appropriate, before disclosing personal data to a third party, we contractually require the third party to take adequate precautions to protect that data and to comply with applicable law and we will only share your personal data in a manner that complies with applicable law.
We will not sell your personal data.
We keep your personal data only for as long as is necessary for the purpose for which it was collected, or for legal or regulatory reasons. Personal data will be securely disposed of when it is no longer required, in accordance with our data retention and disposal policies, which can be made available on request.
When determining the relevant retention periods, we will take into account factors including:
How We Keep Your Personal Data Secure
We are committed to ensuring the confidentiality of the personal data that we hold and continue to review our security controls and related processes to ensure that your personal data remains secure.
We operate internationally, and as part of the services we offer you, the personal data you provide to us may be transferred to countries outside the country in which the personal data was first provided including countries outside of the European Economic Area, such as the United Kingdom (should a no-deal Brexit occur), Hong Kong and Singapore. Where these countries do not have data protection laws equivalent to ours, we will ensure that third parties receiving the personal data have provided adequate safeguards and agree to treat your personal data with the same level of protection as in the country in which the personal data was first provided. You may request additional information in this respect by exercising your rights as set out below.
When we contract with third parties, we impose appropriate security, privacy and confidentiality obligations on them to ensure that personal data is kept secure and prevented from unauthorised or accidental access, processing, copying, modification, erasure, loss or use.
Under applicable data protection law, you have the right to ask us:
You may also have the right to:
If you wish to exercise any of these rights, please contact us using the details below. The various rights are not absolute and each is subject to certain exceptions or qualifications. More information about your data protection rights can be found by contacting the Information Commissioner’s Office or relevant local supervisory authority (see details below).
“Do not track” Signals
Some web browsers may transmit “do not track” signals to the websites and other online services with which the browser communicates. There is no standard that governs what, if anything, websites should do when they receive these signals. We currently do not take action in response to these signals. If and when a standard for responding is established, we may revisit our policy on responding to these signals.
California privacy rights
If you are a California resident, you may have certain additional rights. California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal data by us to third parties for the third parties’ direct marketing purposes. To make such a request, please write, call or send an email to the below contact information.
Changes to our Privacy Notice
It is our policy to post any changes we make to this Notice on this page with a notice on the Website homepage that this Notice has been updated. The date the Notice was last revised is identified at the top of the page.
How to Contact Us
If you have questions about this Notice, need further information about our privacy practices, or wish to give or withdraw your consent to the receipt of marketing information, change your preferences to receive marketing communications or update or correct your personal data, please contact us through your usual Merian Global Investors contact or as set out below.
The Data Privacy Team
Merian Global Investors (UK) Limited
Millennium Bridge House
2 Lambeth Hill
For Merian Global Investors (Singapore) Pte. Limited and Merian Global Investors (Asia Pacific) Limited:
Data Protection Officer
5/F Two Chinachem Central
26 Des Voeux Road Central
If you are not satisfied with our response you can lodge a complaint with the applicable local supervisory authority as set out below:
Right to complain
If you are unhappy with the way we handled your personal information or any privacy query or request you have raised with us you also have a right to complain to a data protection authority in the place where you live or work, or in the place where you think an issue in relation to your data has arisen. A list of national data protection authorities can be found below.
For Merian Global Investors (UK) Limited and Merian Investment Management Limited :
The Information Commissioner’s Office on their helpline 0303 123 1113 or at www.ico.org.uk/concerns/
For Merian Global Investors (Europe) Limited, Italian Branch:
Garante per la protezione dei dati personali (Italian Regulatory Authority)
Piazza di Monte Citorio 121
For Merian Global Investors Series Plc, Merian Global Investors Series II ICAV, Merian Global Investors Series III ICAV and Merian Global Investors (Europe) Limited:
Data Protection Commission
T: +353 (0761)104800/Local 1890 252231 or as otherwise instructed on its website www.dataprotection.ie
For Merian Chrysalis Investment Company Limited
The Office of the Data Protection Commissioner
St Martin’s House, Le Bordage
St. Peter Port, Guernsey
T: +44 (0) 1481 742074
For Merian Global Investors (Asia Pacific) Limited:
The Office of the Privacy Commission for Personal Data, Hong Kong
12/F, 248 Queen’s Road East
T: +852 2827 2827
F: +852 2877 7026
For Merian Global Investors (Singapore) Pte. Limited:
Personal Data Protection Commission
460 Alexandra Road
#10-02 PSA Building
T: +65 6377 3131
F: +65 6273 7370
For Merian Global Investors (Switzerland) GmbH:
The Swiss Federal Data Protection and Information Commissioner
For MGI Arbea Fund Limited and MGI Arbea Master Fund Limited
64 Shedden Road
Grand Cayman KY1-1107
T: +1 345 946 6283