SUMITOMO MITSUI TRUST (IRELAND) LIMITED
SMT FUND SERVICES (IRELAND) LIMITED
SMT TRUSTEES (IRELAND) LIMITED
Sumitomo Mitsui Trust (Ireland) Limited, SMT Fund Services (Ireland) Limited and SMT Trustees (Ireland) Limited (“SMT”, “we” or “us”) may have your information because you are a director, officer, employee, agent and / or authorised signatory of our clients, suppliers, service providers, vendors and other commercial partners, and because we need to use that information for the purposes of and in connection with our dealings with those entities and operating our business. If you are a registered shareholder/unitholder, applicant for shares/units, beneficial owner of registered shareholders/unitholders and applicants for shares/units, personal representatives, financial advisors, directors, officers, employees, agents, trustees and / or authorised signatories of registered shareholders/unitholders and applicants for shares/units in our fund clients to which SMT Fund Services (Ireland) Limited has been appointed as management company, we will need to use your personal data and information to manage the relevant investment and to provide services to the relevant fund client.
This Privacy Statement explains how we will manage your Personal Data, why we use it, and how you may contact us in relation to the use of your Personal Data. Personal Data means any information from which you can be directly or indirectly personally identified which we have or obtain, or which you may provide to us. Personal Data specifically includes your name, address, email address, phone number(s), and title or position, and may include information such as identification and account numbers, tax identifiers and residency information, and online identifiers, depending on your relationship with us. Some of this Personal Data may be “Special Category” Personal Data, such as data revealing your racial or ethnic origin or political opinions. We may also on occasion process information in relation to criminal convictions and offences as a result of screening and sanctions checking which we are required to undertake.
Use of Personal Data and Basis of Processing
We will use the Personal Data where necessary:
SMT Fund Services (Ireland) Limited, acting as management company to fund clients, will use the Personal Data for the purposes of performing the contract with a registered shareholder/unitholder, or in anticipation of an applicant for shares/units becoming a registered shareholder/unitholder, namely:
We will not disclose any Personal Data to any third party, except as outlined above and / or as follows:
Personal Data may be transferred outside Ireland in connection with the uses described above and / or as otherwise required or permitted by law.
Many of the countries will be within the European Economic Area (the “EEA”), or will be ones which the European Commission has approved, and will have data protection laws which are the same as or broadly equivalent to those in the European Union. However, some transfers may be to countries which do not have equivalent protections, and in that case we shall use reasonable efforts to implement contractual protections for the Personal Data. While this may not always be possible, any transfers will be done in accordance with applicable data protection laws, including through the implementation of appropriate or suitable safeguards in accordance with such applicable data protection laws.
For the avoidance of doubt, safeguards in the form of EU Commission approved standard contractual clauses will be implemented for transfers which we make to our group companies outside the EEA where the data protection laws in the country of such group company have not been approved by the European Commission as being the same as or broadly equivalent to those in the European Union. Further information in relation to international data transfers can be obtained by contacting us at the address specified below.
Third Party Providers of Information
We may obtain Personal Data relating to you indirectly, such as where your employer provides your contact details to us in connection with our business dealings. The person providing the information will be asked to warrant that it will only do so in accordance with applicable data protection laws, and that it will ensure that before doing so, any individuals in question are made aware of the fact that we will hold information relating to them and that we may use it for any of the purposes set out in this Privacy Statement, and where necessary that it will obtain consent to our use of the information.
Recipients of the Personal Data
In any case where we share Personal Data with a third party data controller (including, as appropriate, our group companies), the use by that third party of the Personal Data will be subject to the third party’s own privacy policies.
Updates to Personal Data
We will use reasonable efforts to keep Personal Data up to date. However, you will need to notify us without delay in the event of any change in your personal or business circumstances, so that we can keep the Personal Data up to date.
Retention of Personal Data
We are obliged to retain certain information to ensure accuracy, to help maintain quality of service and for legal and regulatory purposes, and for legitimate business purposes.
Information will be retained for no longer than is necessary for the purpose for which it was obtained by us or as required or permitted for legal and regulatory purposes, and for legitimate business purposes. In general, we (or our service providers on our behalf) will hold this information for a period of seven years after you cease to interact with us, unless we are obliged to hold it for a longer period under law or applicable regulations.
We are obliged by law to retain AML related identification and transaction records for five years from the end of the relevant investor relationship or the date of the transaction respectively. The Company (or its service providers on its behalf) will also retain records of any electronic communications for a period of five years and, where requested by the Central Bank, for a period of up to seven years from the date of such communication.
An Individual’s Rights in relation to Personal Data
You may at any time request a copy of your Personal Data from us. This right can be exercised by writing to us at the address specified below.
You also have the right to correct any inaccuracies in, and in certain circumstances, to request erasure, or restriction on the use, of your Personal Data, and to object to certain uses of your Personal Data, in each case subject to the restrictions set out in applicable data protection laws. Further information on these rights, and the circumstances in which they may arise in connection with our processing of Personal Data can be obtained by writing to us at the address specified below.
In any case where we are relying on your consent to process your Personal Data, you have the right to change your mind and withdraw consent by writing to the address specified below.
Where we are relying on a legitimate purpose of SMT or a third party recipient of the Personal Data, in order to use and disclose Personal Data, you are entitled to object to such use or disclosure of your Personal Data, and if you do object, we will cease to use and process the Personal Data for that purpose unless we can show there are compelling legitimate reasons for us to continue or we need to use the Personal Data for the purposes of legal claims.
You also have the right to lodge a complaint about our processing of your Personal Data with the Data Protection Commission.
Any queries or complaints regarding our use of your Personal Data and / or the exercise of individual rights should be addressed to us at firstname.lastname@example.org.
Last updated 1st May, 2018