Notice of EU Privacy Policy

ISAM Funds (UK) Limited, International Standard Asset Management and ISAM Systematic Management are committed to protecting your privacy and maintaining the confidentiality and security of your personal information. Any personal information processed by the Investment Manager (defined below) is controlled by the Investment Manager and the Investment Manager is the data controller of your personal information. Where your details are provided to the Investment Manager as a result of your investment in the Funds (defined below), then the Investment Manager, acting as a data controller, may itself (or through a third party such as Northern Trust International Fund Administration Services (Ireland) Limited (the “Administrator“) acting in its capacity as the Fund’s administrator, process your personal information or that of your directors, officers, employees and/or beneficial owners. When processing your personal information, the Administrator will act as a data processor.

This policy (the “EU Privacy Policy“) explains the manner in which the Investment Manager collects, utilizes and maintains non-public personal information (“personal information“)about investors (“Investors“) based in the European Union (“EU“) or the European Economic Area (“EEA“), as required under the General Data Protection Regulation (EU) 2016/679 (“GDPR“). “Funds” ” refers to funds and other investment accounts for which the Investment Manager serves as manager and/or investment adviser. “Investment Manager” collectively refers to ISAM Funds (UK) Limited, International Standard Asset Management and ISAM Systematic Management.

Collection of personal information

The Investment Manager collects personal information about Investors in the Funds, such as Investors’ names, contact details and financial information, from the following sources:

  • subscription forms, investor questionnaires, account forms, and other information provided by the Investor in writing, in person, by telephone, electronically or by any other means. This information includes but is not limited to name, address, nationality, employment information, and financial and investment qualifications;
  • transactions within the Funds, including account balances, investments, redemptions and fees;
  • other interactions with the Investment Manager (for example, discussions with our employees); and
  • verification services and consumer reporting agencies, including (but not limited to) an Investor’s creditworthiness or credit history.

Why we use Investors’ personal information

Your personal data may be processed by the Investment Manager or the Administrator (or any of their affiliates, agents, employees, delegates or sub-contractors) for the following purposes:

  • to facilitate the opening of your account with the Funds and the management and administration of your holdings in the Funds on an on-going basis (the “Services”) which are necessary for the performance of the Fund’s obligations to you, including without limitation the processing of redemptions, transfers and additional subscription requests and the payment of distributions, if any;
  • in order to carry out anti-money laundering (“AML“) checks and related actions which the Investment Manager or Administrator considers appropriate (i) to meet any legal obligations imposed on the Investment Manager or Administrator or; (ii) for processing in the public interest or; (iii) to pursue the Investment Manager’s or Administrator’s legitimate interests, in relation to the prevention of fraud, money laundering, terrorist financing, bribery, corruption, tax evasion and to prevent the provision of financial and other services to persons who may be subject to economic or trade sanctions, on an on-going basis, in accordance with the Investment Manager’s and the Administrator’s AML procedures;
  • to comply with its legal obligations and, in particular, to report tax-related information to tax authorities;
  • to monitor and record calls and electronic communications (i) for processing and verification of instructions, (ii) for investigation and fraud prevention purposes, (iii) for crime detection, prevention, investigation and prosecution, (iv) to enable the Investment Manager to enforce or defend any legal and administrative proceedings, regulatory investigations or enforcement actions, or (v) where the processing is in the public interest;
  • to disclose information to other third parties such as service providers of the Investment Manager or Administrator, auditors, regulatory authorities and technology providers in order to comply with any legal obligation imposed on the Investment Manager in order to pursue the legitimate interests of the Investment Manager;
  • to monitor and record calls for quality, business analysis, training and related purposes in order to pursue the legitimate interests of the Investment Manager to improve its service delivery;
  • to update and maintain records and fee calculations;
  • to retain AML and other records of individuals to assist with the subsequent screening of them by the Administrator in pursuance of the Administrator’s legitimate interests;
  • to pursue the Funds’ legitimate interests, including:
    • managing the Services;
    • managing the Investment Managers business needs;
    • complying with applicable laws;
    • where processing is in the public interest.

Disclosure of personal information

The Investment Manager may share personal information about the Fund’s Investors or potential Investors with affiliates and non-affiliated third parties, as permitted by law (for example, the Investment Manager may share personal information with service providers, the Administrator and their affiliates, and other third party service providers engaged by the Investment Manager in order to process the data for the above mentioned purposes). Such service providers are contractually restricted from using personal information in any manner other than as mentioned above.

The Investment Manager may also share personal information, without an Investor’s consent, with affiliated and non-affiliated parties in the following situations, among others:

  1. to respond to any legal and administrative proceedings, regulatory investigations or enforcement actions;
  2. in connection with a proposed or actual sale, merger, or transfer of all or a portion of its business;
  3. to protect or defend against fraud, unauthorized transactions (such as money laundering), lawsuits, claims or other liabilities;
  4. to service providers of the Funds in connection with the administration and operations of the Funds, which may include brokers, attorneys, accountants, auditors, administrators or other professionals;
  5. to assist the Investment Manager in offering ISAM affiliated products and services to its Investors and potential Investors; and
  6. to process or complete transactions requested by an Investor.

Recipients of Data and International Transfer of Data

The Investment Manager and Funds may disclose your personal information as follows:

  • to its service providers, including the Administrator, and their affiliates, and other third party service providers engaged by the Funds in order to process the data;
  • to competent authorities (including tax authorities), courts and regulatory bodies as required by law or requested or to affiliates for internal investigations and reporting.

The disclosure of personal information to the third parties set out above may involve the transfer of data to the USA and other jurisdictions outside the EU and European Economic Area (EEA) in accordance with the requirements of the General Data Protection Regulation. Such countries may not have the same data protection laws as your jurisdiction. As your data controller, we will ensure that where your personal data is processed in such countries, there is an adequate level of protection or we have signed agreements incorporating Standard Contract Clauses or Binding Corporate Rules as appropriate under the GDPR guidelines.

Collecting personal information Legally

The Investment Manager is able to legally collect and use your personal information because collecting and using your personal information is necessary for the Investment Manager to (a) enable the Funds to function, and/or (b) carry out its legitimate business interests in carrying out any requests or orders made by an Investor, and/or (c) comply with applicable law.

Retention of personal information

The Investment Manager will retain your personal information for as long as required for the Investment Manager to perform the Services or perform investigations in relation to the Services and in order to enable them to comply with their legal obligations and exercise their legal rights.

Your Rights

You have the right to:

  1. be informed about the personal information the Investment Manager collects from you and uses, which this EU Privacy Policy seeks to do;
  2. obtain confirmation from the Investment Manager that your personal information is being collected and used by the Investment Manager and to access the personal information held by the Investment Manager;
  3. have your personal information corrected if it is inaccurate or incomplete at any time;
  4. erasure, or the right to be forgotten, which means you can request deletion or removal of any personal information the Investment Manager holds about you at any time, subject to the Investment Manager’s legal obligations;
  5. block or suppress the Investment Manager collecting and using your personal information, which means the Investment Manager can continue to store such personal information but cannot further collect or use it in any way;
  6. obtain and reuse any personal information the Investment Manager holds about you for your own purposes across different services, which allows you to move, copy or transfer your personal information easily from the Investment Manager to another place notified by you to the Investment Manager in a safe and secure way without hindrance to the usability of your personal information; and
  7. object to the Investment Manager collecting or using your personal information where this is based on:
    1. a legitimate interest or the performance of a task in the public interest; or
    2. direct marketing.

To make any requests as listed above, please contact the Investment Manager at dataprivacy@isam.com.

The Investment Manager will confirm any requests relating to your rights above within one month of receipt of your request, or within two months of receipt of your request where the request is more complex.

Withdrawal of Your Consent

You can tell the Investment Manager to stop collecting and using your personal information at any time by emailing the Investment Manager at dataprivacy@isam.com.

Where the Investment Manager or the Administrator requires your personal information to comply with AML or other legal requirements, failure to provide this information may mean that you will be unable to be accepted as an investor in the Funds.

Former Investors

This EU Privacy Policy applies to former Investors in the EU and the EEA.

Protection of personal information

The Investment Manager maintains appropriate technical and organizational measures to ensure a level of security appropriate to potential risks, including physical, electronic and procedural safeguards that comply with the GDPR to protect personal information, including:

  1. the pseudonymization and encryption of personal information where appropriate;
  2. ensuring ongoing confidentiality, integrity, availability and resilience of processing systems and services;
  3. ensuring the Investment Manager can restore access to personal information in a timely manner if a physical or technical incident occurs; and
  4. regular testing, assessment and evaluation of the effectiveness of its technical and organizational measures to ensure your personal information is secure.

The Investment Manager restricts access to the personal and account information of Investors to those employees who need to know that information in the course of their job responsibilities.

Further Information

This EU Privacy Policy replaces all previous disclosures we may have provided you about our information practices in the EU and EEA. The Investment Manager reserves the right to change this EU Privacy Policy at any time. The examples contained within this EU Privacy Policy are illustrations and are not intended to be exclusive. This Privacy Policy complies with the GDPR regarding privacy. You may have additional rights under other foreign or domestic laws that may apply to you. If you have any questions about this EU Privacy Policy, please e-maildataprivacy@isam.com.

Making a Complaint

If you would like to make a complaint about the way the Investment Manager has collected or used your personal information, please contact us at dataprivacy@isam.com.

You have the right to lodge a complaint with a supervisory authority in the EU Member State of your habitual residence or place of work or in the place of the alleged infringement if you consider that the processing of personal data relating to you carried out by the Investment Manager or its service providers infringes the GDPR.