RWC(1) is committed to protecting your privacy and maintaining the confidentiality and security of your personal information. Any personal information processed by RWC is controlled by us and we are the data controller of your personal information. RWC may utilize the services of service providers and/or administrators as data processors for the processing of your personal information described herein. Where this is the case, RWC – as data controller – retains responsibility for the data processors we appoint.
Our nominated representative is Huan Ke who can be contacted at: [email protected], or RWC Partners Limited, Verde, 10 Bressenden Place, London SW1E 5DH.
This Privacy Notice explains the manner in which RWC collects, utilizes and maintains non-public personal information about individuals based in the European Union (“EU”),the European Economic Area (“EEA”) or the United Kingdom (“UK”), as required under the General Data Protection Regulation (EU) 2016/679 (“EU GDPR”) and the version of the GDPR which is retained in UK law (“UK GDPR”).
(1) ‘RWC’, ‘we’, ‘us’, ‘our’ is used to describe RWC Partners Limited and RWC Asset Management LLP
Who we are and what we do
RWC is a UK-domiciled asset manager which offers a range of products that enable our institutional clients to invest in a range of strategies to help them meet their long term financial needs.
Information you give us or we collect about you
RWC collects your personal information from the following sources, as applicable:
For existing and/or former clients/investors, information provided by you via subscription and related documents, including :info: name, address, income, financial and investment qualifications, and tax-related information and (ii) in the case of individuals, birth date, nationality, passport or other identification number, and employment information, or in the case of entities, date and jurisdiction of formation, entity type, tax identification number, and business information);
Information provided by you via registration on our website (www.redwheel.com);
Information provided by you via interactions with our employees, e.g., members of our sales and investor support team;
Information we have collected from publicly available sources, such as social media websites
Why We Use Your Personal Information
Your Personal Information may be processed by RWC and/or its service providers/administrators for the following purposes, as applicable:
For existing investors:
to facilitate your investment, both initially and on an ongoing basis, as necessary to fulfil all contractual and regulatory obligations related to your investment including without limitation the acceptance and processing of subscription documents and redemption and transfer requests;
in order to carry out anti-money laundering checks and related actions which we and/or our administrators consider appropriate or necessary to fulfil any of their legal obligations on an ongoing basis with respect to the prevention and/or detection of fraud, money laundering, terrorist financing, bribery, corruption, and/or tax evasion and (ii) to prevent the provision of financial and other services to persons who may be subject to economic or trade sanctions, all of the foregoing in accordance with the Investment Manager’s and the Administrator’s anti-money laundering policies and procedures;
to comply with our legal obligations and, in particular, to report tax-related information to tax authorities;
to disclose information to other third parties such as our service providers and/or administrators (including, for example, attorneys, accountants, auditors, or other professionals), regulatory authorities and technology providers in order to comply with any legal obligation imposed on us and/or administrators or in order to pursue the legitimate interests of us and/or administrators;
to monitor and record electronic communications and if applicable, calls, for any of the purposes specified herein; and/or
to inform you about other products and services that RWC has to offer.
For those who are not a client/investor: to inform you about products and services that RWC has to offer.
Countries Having Access to Your Personal Information
RWC’s servers, which store and keep Your Personal Information, are located in the UK, however, these are accessible via RWC group employees located outside of the EU, EEA or UK, namely, the United States and Singapore.
Collecting Your Information Legally
RWC is able to legally collect and use Your Personal Information either because:
you have consented to us doing so; and/or we have assessed that it is in our legitimate interests to process your personal data for limited marketing purposes in order to maintain, expand and develop our business; collecting and using Your Personal Information is necessary for us to fulfil our contractual obligations to you by virtue of you being a client/investor; It is necessary to comply with any applicable regulatory, judicial or other legal obligation.
Retention of Your Personal Information
The Investment Manager and/or our service providers/administrators will retain Your Personal Information for the purposes described herein for as long as required for the purposes outlined.
You have the right to:
be informed about Your Personal Information that RWC and/or its service providers/administrators collect from you, use, and retain;
obtain confirmation from RWC that Your Personal Information is being collected, used, and retained as described above and to access Your Personal Information held by us; have Your Personal Information corrected if it is inaccurate or incomplete at any time; erasure, or the right to be forgotten, which means you can request deletion or removal of any of Your Personal Information we hold about you at any time, subject to our and/or our service providers/administrators rights to retain Your Personal Information for legitimate business purposes; block or suppress RWC collecting and using Your Personal Information, which means we can continue to store Your Personal Information but cannot further collect or use it in any way; obtain and reuse any of Your Personal Information that we hold about you for your own purposes across different services, which allows you to move, copy or transfer Your Personal Information easily from us to another place identified by you in a safe and secure way without hindrance to the usability of Your Personal Information; object to us collecting, using or retaining Your Personal Information where this is based on: your legitimate interest or the performance of a task in the public interest; or direct marketing even if otherwise legally permitted; and withdraw your consent to the use of Your Personal Information at any time, as described below. To make any requests as listed above, please contact RWC’s Nominated Representative at: [email protected].
RWC will acknowledge receipt of any request relating to your rights above within one week of your request. We aim to satisfy all legitimate requests within one month. If this does not appear possible, we will inform you.
Withdrawal of Your Consent
You may request that we stop collecting, using and retaining Your Personal Information at any time by emailing us at [email protected] You should note that notwithstanding your withdrawal of consent, we may be legally required to retain and/or continue processing some or all of Your Personal Information.
Protection of Investor Information
RWC 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 EU GDPR and UK GDPR to protect customer information, including:
the pseudonymization and encryption of Your Personal Information where appropriate; ensuring ongoing confidentiality, integrity, availability and resilience of processing systems and services; ensuring we can restore access to Your Personal Information in a timely manner if a physical or technical incident occurs; and regular testing, assessment and evaluation of the effectiveness of its technical and organizational measures to attempt to ensure Your Personal Information is secure. RWC restricts access to the personal and account information to those employees who need to know that information in the course of their job responsibilities. We will destroy, erase or make unreadable data, computer files and documents containing Your Personal Information that is non-public prior to disposal.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
This Privacy Notice is a summary of RWC Data Protection Policy which can be found on our website at: www.redwheel.com.
Making a Complaint
If you would like to make a complaint about the way RWC has collected, used or retained Your Personal Information, please contact us at [email protected].
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 with the Information Commissioner’s Office, (https://ico.org.uk/make-a-complaint/) if you’re based in the UK, or in the place of the alleged infringement if you consider that the processing of personal data relating to you carried out by RWC or its service providers infringes the EU GDPR or UK GDPR .
EU DATA PROTECTION AND PRIVACY NOTICE
This notice (Notice) is to make you aware of how RWC Funds (Fund), as a data controller, and its service providers (Processors) holds, uses and processes your personal data, as well as the steps taken to ensure that data processing is in compliance with the General Data Protection Regulation (EU/2016/679) (GDPR) and any implementing legislation (Data Protection Legislation).
This Notice applies to you and to any third parties whose personal data you provide in connection with our relationship with you. Please ensure that a copy of this Notice is provided to any third parties whose personal data you provide. We may update this Notice from time to time and will notify you in writing of any material changes we make.
Nature, Purpose and Legal Basis of Processing
The Fund and Processors may hold and process some or all of the following types of your personal data on behalf of the Fund: name, address, e-mail, phone number, income, financial and investment qualifications, and tax-related information; (ii) in the case of individuals, signature, birth date, nationality, passport or other identification documentation, and employment information/source of wealth, or in the case of entities, date and jurisdiction of formation, entity type, tax identification number, authorised signatory lists, and business information); and/or (iii) account numbers, data on transactions, trading and settlement and any other information required to perform requested services (Personal Data).
The Fund and Processors may collect and process Personal Data in connection with our on-going relationship with you, such as via correspondence and calls, and in connection with our administration of your investment in the Fund and relating to your investment activity. Telephone calls with you may be recorded for the purposes of record keeping, security and training.
In addition, the Fund and Processors may collect Personal Data from third party sources, including aggregators of publicly available information, in connection with complying with legislation relating to anti-money laundering, taxation, and other legislation applicable to investment funds.
Your Personal Data will be accessed to process, manage and administer your holding(s) and any related accounts on an on-going basis; (ii) develop and process the business relationship with the Processors, and (iii) direct or indirect marketing activities.
Neither the Fund nor Processors collect any “Special Categories” of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do the Fund or Processors collect any information about criminal convictions and offences unless there is a legal and/or regulatory requirement to do so, for example, if you invest with us we are required to undertake anti-money laundering checks and financial crime assessments which may disclose criminal convictions and offences.
Personal Data may be processed as necessary for the performance of your contract with the Fund and/or to comply with the Fund’s and/or Processors’ legal obligations. We will inform you in advance if we intend to further process your Personal Data for a purpose other than those set out above. We may also seek your consent to the processing of your Personal Data for other specific purposes. You will have the right to withdraw such consent at any time.
Recipients of your Personal Data
Your Personal Data will be processed by Brown Brothers Harriman (Luxembourg) S.C.A., as administrator and transfer agent of the Fund, (Transfer Agent) for the purposes of this Notice. The Transfer Agent will process Personal Data for the purposes of carrying out the services of administrator and registrar of the Fund and to comply with legal obligations, including under company law and anti-money laundering legislation or foreign regulatory requirements. The Transfer Agent may in turn disclose your Personal Data to agents or other third parties where necessary to carry out these purposes, including to: Brown Brothers Harriman & Co., Brown Brothers Harriman Fund Administration Services (Ireland) Limited, Brown Brothers Harriman (Poland) Sp. Z.o.o. and/or Brown Brothers Harriman (Hong Kong) Limited.
Personal Data may also be processed by:
MDO Management Company S.A. (Management Company);Brown Brothers Harriman (Luxembourg) S.C.A. (Depositary);agents of the Transfer Agent, Management Company and/or Depositary who process the Personal Data for anti-money laundering purposes or for compliance with foreign regulatory requirements; andother third parties including legal or financial advisors, regulatory bodies, auditors and technology providers.Your Personal Data may also be disclosed to the Luxembourg tax authorities, which in turn may, acting as a data controller, disclose it to foreign tax authorities.
The Transfer Agent may make a report to regulatory or tax authorities where it has a suspicion of money laundering or a terrorist financing offence. Where the Transfer Agent makes such a report it may consider itself a data controller with respect to this activity. The Depositary may consider itself a data controller with respect to Personal Data it receives in the performance of its oversight services with respect to the Fund. The legal basis for such data processing is to comply with a legal requirement.
The Fund and Processors take all reasonable steps, as required by Data Protection Legislation, to ensure the safety, privacy and integrity of your Personal Data and may, as appropriate, enter into contracts with such third parties to protect the privacy and integrity of any Personal Data supplied to us.
Transfers of Personal Data outside the EEA
The Fund and Processors may transfer your Personal Data to countries outside of Luxembourg (including the United States of America and Hong Kong) which may not provide an adequate level of protection. In such cases, we will take all steps reasonably necessary to ensure that your Personal Data is treated securely, and that appropriate safeguards are in place to protect the privacy and integrity of such Personal Data, in accordance with Data Protection Legislation. Please contact us if you wish to obtain more information concerning these safeguards (see ‘Contact Us’).
Regulatory Checks and Sanctions Regimes
In addition to fulfilling the obligations of the Fund, the Transfer Agent may be subject to its own additional anti-money laundering or foreign regulatory requirements, which may include the requirement to cross-check your Personal Data against applicable governmental sanctions lists, implemented by the European Union, the United Nations and the United States of America. Please contact us using the details below if you want to obtain more information.
Where you do not provide your Personal Data
If you do not provide us with your Personal Data, we may not be able to process your investor application.
Security and Retention of your data
The Fund and Processors take all reasonable steps as required by Data Protection Legislation to ensure the safety, privacy and integrity of your Personal Data. The Fund and Processors will retain your Personal Data only for as long as is necessary to manage your investment, in accordance with applicable laws and regulations, subject always to statutory periods of limitation.
You have a right to obtain a copy of, and the right to rectify any inaccuracies in, the Personal Data we hold about you by making a request to us in writing. You also have the right to request erasure, restriction, portability and to not be subject to a decision based on automated processing (including profiling).
You should inform us of any changes to your Personal Data. If you wish to assert any of your rights, please contact us using the details set out below. We will respond to your request in writing, or orally, if requested, as soon as practicable and in any event not more than one month after receipt of your request.
You have the right to lodge a complaint with the Luxembourg Data Protection Authority if you are unhappy with how your Personal Data is being handled.
Copies of the privacy policies for the following Processors, is available on the website:
Transfer Agent and Depositary: https://www.bbh.com/en-us/our-firm/policies-and-disclosures/privacy-policy
Management Company: http://www.mdo-manco.com/content/download/11284/154703/version/4/file/MDO+group+level+Privacy+Notice+June+2018.pdf
If you have any queries regarding this Notice, please contact RWC at [email protected]