SUMITOMO MITSUI TRUST (IRELAND) LIMITED

SMT FUND SERVICES (IRELAND) LIMITED

SMT TRUSTEES (IRELAND) LIMITED

PRIVACY STATEMENT

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:

  1. where we have a legitimate purpose in using it, including:
    • for the purposes of managing our contracts and relationships with our clients, suppliers, service providers, vendors and other commercial partners;
    • for day to day operational and business purposes;
    • board reporting and management purposes;
    • in the event of a merger, reorganisation or disposal of, or a proposed merger, reorganisation of disposal of all or any part of our business;
    • to take advice from our external legal and other advisors;
    • in the case of SMT Fund Services (Ireland) Limited, for the purposes of anti-money laundering verification and monitoring in connection with investments made by investors in other collective investment schemes administered by SMT Fund Services (Ireland) Limited (on the basis of a legitimate purpose of SMT Fund Services (Ireland) Limited and the other collective investment scheme(s) in which the relevant investor has invested); and
  2. for compliance with our legal obligations, including:
    • compliance with our applicable anti-money laundering and prevention of terrorist financing (collectively “AML”) and fraud prevention purposes. This may include the collection and processing of Special Category Personal Data in connection with our obligations under applicable AML laws.  Any Special Category Personal Data will only be used and disclosed, as necessary, for such purposes;
  3. in the case of SMT Trustees (Ireland) Limited, in the discharge of its statutory oversight and monitoring obligations (on the basis of its legal obligations);
    • tax and regulatory reporting obligations;
    • where we are ordered to disclose information by a court with appropriate jurisdiction
    • recording of telephone calls and electronic communications in order to comply with applicable law and regulatory obligations;
  4. where use or sharing is for a legitimate purpose of another company in the SMT group of companies, or of a third party to which we provide the Personal Data, including:
    • for day to day operational and business purposes;
    • reporting and management purposes, including board and group reporting and management purposes;
    • taking advice from external legal and other advisors;
  5. where necessary to establish, exercise or defend legal rights or for the purpose of legal proceedings;
  6. if we need and you have given your consent to use of your Personal Data for a particular purpose.

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:

  • for the purposes of providing services to the registered shareholder/unitholder, and setting up and administering the applicant’s or registered shareholder’s/unitholder’s account(s), as the case may be;
  • for the collection of subscriptions and payment of redemptions, distributions and dividends;
  • to deal with queries or complaints from registered shareholders/unitholders.

We will not disclose any Personal Data to any third party, except as outlined above and / or as follows:

  • to enable us to carry out the obligations under and enforce our contracts with our customers, suppliers, service providers, vendors and other commercial partners;
  • to anyone providing a service to us or acting as our agent, as data processors, for the purposes of providing services to us and on the understanding that they will keep the Personal Data confidential;
  • where we need to share Personal Data with our auditors, and legal and other advisors;
  • in the event of a merger or proposed merger, any (or any proposed) transferee of, or successor in title to, the whole or any part of our business, and their respective officers, employees, agents and advisers, to the extent necessary to give effect to such merger;
  • is the disclosure is required by law or regulation, or court or administrative order having force of law, or is required to be made to any of our regulators.

International transfers

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.

Contacting SMT

Any queries or complaints regarding our use of your Personal Data and / or the exercise of individual rights should be addressed to us at privacy@sumitrustgas.com.

Last updated 1st May, 2018