Privacy Notice Investors/UBOs

1. Introduction

This Privacy Notice explains how the funds and Universal-Investment-Luxembourg S.A. (“we”) collect, use or otherwise process the personal data of prospective investors, investors or beneficial owners who are individuals (“you”).

We are committed to handling information about you responsibly and we would like to let you know that your privacy is important to us. Your personal data shall only be collected, stored, adapted, transferred, used or otherwise processed in accordance with this Privacy Notice and the applicable data protection law.

This Privacy Notice provides information about what personal data we collect about you, the purposes for which we may use these data, and the circumstances in which these data may be disclosed to third parties or transferred to third countries.

Please note that we will only process personal data for adequate and legitimate purposes. In most cases, the provision of your personal data is a requirement necessary to perform our contractual obligations or to satisfy compliance with applicable laws. Therefore, failure to provide such personal data may result in the non-acceptance of your subscription or the discontinuation of our relation with you or with your representative.

2. Why personal data is collected (purposes)

Your personal data may be processed for the following purposes (the “Purposes”):

a) for processing your application and, as the case may be, your subscription in the fund;
b) for managing the investments;
c) for maintaining the register of shareholders or beneficial owners;
d) for communicating with you or your representative(s) as necessary in connection with your affairs and generally in connection with your interest in the fund;
e) for complying with our regulatory, fiscal, tax information reporting, anti-trust, anti-money laundering and terrorist financing and other legal, regulatory and contractual obligations (our "Regulatory Requirements");
f) for detecting or preventing fraud, for documentation verification and, if applicable, for determining whether an individual may be considered as a politically exposed person;
g) for internal administration;
h) for quality, business analysis, training and related purposes in order to improve our service delivery, as well as for promotional purposes;
i) for protecting or defending our assets and interests, as well as the interests and assets of our affiliates, including in the context of the establishment, exercise or defense of a legal claim.

In accordance with the data protection laws, we will only process your personal data in a manner that is compatible with the above-specified purposes.

3. Legal basis of the processing

We only process your personal data when we have a lawful ground to do so. In particular, the processing of your personal data is based on the following legal grounds:

1) processing is necessary for the performance of our contractual obligations (as detailed in Purposes 2(a) to 2(d) here above);

2) processing is necessary for compliance with our legal obligations (as detailed in Purpose 2(e) to 2(f) here above); or

3) processing is necessary for the purposes of our legitimate interests to ensure the proper administration, management, promotion and protection of the Fund’s activities or assets (as detailed in Purposes 2(g) to 2(i) here above).

4. Sensitive data

Some of the personal data that we need to process for achieving the above-mentioned Purposes may be sensitive data. In particular, we may have to process the following sensitive data about you:

• data relating to your political opinions, data relating to racial or ethnic origin, (“Special Categories of Data”); and
• data relating to (alleged or actual) criminal offences or convictions (“Criminal Data”).

Processing these sensitive data may be necessary for us in order to comply with our Regulatory Requirements (including in the context of our anti-money laundering or terrorist financing obligations), or to determine whether you may qualify as a politically exposed person (“PEP”).

With respect to Special Categories of Data, we will only process these data if one of the following legal grounds applies:

1) you provided us with your explicit consent (in such a case, a consent form will be addressed to you separately, clearly spelling out the reasons of the processing); or
2) processing relates to personal data which were manifestly made public by you; or
3) processing is necessary for the establishment, exercise or defence of a legal claim, or whenever courts are acting in their judicial capacity; or
4) processing is necessary for reasons of substantial public interest as provided by law, such as in the context of our anti-money laundering obligations or for fraud prevention.

With respect to Criminal Data, we will only process such data where allowed by law or under the control of an official authority, and if one of the following legal bases applies:

1) you provided us with your consent; or
2) processing is necessary for the performance of the contract between you and us; or
3) processing is necessary for compliance with our Regulatory Requirements (as detailed in Purpose 2(e) here above); or
4) processing is necessary for the purposes of our legitimate interests to prevent fraud and protect our reputation, activities or assets (as detailed in Purposes 2(f) to 2(i) here above).

We understand that Special Categories of Data and Criminal Data should be subject to appropriate security measures given their sensitive nature; we will implement such measures taking into account the risk of the processing.

5. Recipients of the personal data

In order to achieve the above-specified Purposes, we may have to disclose your personal data to third parties (the “Recipients”), and in particular:

1) our affiliates;
2) our investment advisor and investment consultants;
3) any bank, financial institution or other third party lender providing any form of facility, loan, finance or other form of credit or guarantee to us;
4) our appointed legal and professional advisors and auditors;
5) our central administration agent, transfer and paying agent, domiciliation agent, or any other service provider engaged to provide (without limitations) accounting, reporting, internal audit, risk management, administrative, transfer, document storage, record keeping and other related services, such as Know-Your-Customer (KYC) due diligence services;
6) our support service providers, such as our IT service provider, engaged for the maintenance of our IT systems, software and business applications.

We will ensure that all these Recipients have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

Finally, please note that we may also be obliged to share some of your personal data with a governmental or regulatory authority or agency, with whom we are required to cooperate with, or with whom it is appropriate to cooperate in relation to an investment, and which has jurisdiction over the fund, Universal-Investment-Luxembourg S.A., or one of the above-mentioned Recipients and/or the concerned investment.

6. Cross-border transfers of personal data

Some of the above-mentioned Recipients may be situated or operating in territories outside the European Economic Area (EEA), including in countries which do not ensure the same level of data protection than in the EEA (“Third Countries”). In the case of a transfer of personal data to a Third Country, we will implement appropriate safeguards in accordance with article 46 of the GDPR, in order to ensure that your rights as a data subject are complied with and that effective legal remedies are available. In particular, where appropriate, we shall sign a data transfer agreement containing the standard data protection clauses adopted by the European Commission. You may ask us to which Third Countries your personal data are sent (if any), and obtain a redacted copy of the appropriate safeguards that we have put in place by contacting us at Datenschutzbeauftragter-UIL@universal-investment.com.

In the absence of appropriate safeguards, we will not transfer personal data towards a Third Country, unless a specific derogation applies in the sense of article 49 of the GDPR. In particular, where appropriate, we may request your explicit consent with respect to the transfer of your personal data towards a Third Country. Such request for consent will be addressed to you separately, in a clear manner and prior to the transfer.

7. Retention of personal data

Your personal data shall be stored for no longer than necessary in relation to the above specified Purposes. More specifically, we will keep your Personal Data 7 years after termination of our relation. After that period, your Personal Data will be erased or anonymised, unless a longer storage period is required by law, or unless your Personal Data are still necessary for us or for one of our affiliates in the context of the establishment, exercise or defence of a legal claim.

8. Your rights

Upon written request addressed to Universal-Investment-Luxembourg S.A., you may be given access to your personal data, require their rectification, erasure and/or exercise your right to data portability, within the limits set in the data protection laws. You may also object to or request restriction of the processing in accordance with and within the limits set in the data protection laws.

When the processing of your personal data is based on your consent, you also have the right to withdraw that consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.

Before responding to a request in relation to the exercise of one of the above-mentioned rights, we may have to first verify your identity and the rightfulness of your claim or request.

Please note that you also have the right to lodge a complaint with the competent supervisory authority in case you consider that we have infringed data protection laws (in Luxembourg, the Commission Nationale pour la Protection des Données).

9. Inquiries

If you have any requests or questions in relation to the processing of your personal data, please contact us at Datenschutzbeauftragter-UIL@universal-investment.com.

10. Changes to this privacy notice

We reserve the right to amend this Privacy Notice from time to time. A copy of the revised Privacy Notice will be maintained at all times via this website.