Policy on Personal Information and Electronic Communications
Please read this policy carefully to understand our practices regarding your personal data and how we treat it. This policy tells you about two things. First, it is a privacy notice and tells you what to expect when we collect personal Information from you. Second, it describes some of the risks that you should consider when you communicate with us electronically and the terms on which we do so.
1. Privacy of your information
We appreciate that you, or a third party on your behalf, has provided us with your personal information. Obtaining personal information from our individual and institutional clients is central to our goal of providing exceptional service. However, we understand that in receiving this information, you expect us to treat it in an appropriate manner.
This policy is designed to provide you with further details on the type of information that we may collect about you, the purposes we might use that information for and the actions we may take to safeguard your information. When we use the term “Affirmative” below, we are referring to Affirmative Investment Management Partners Limited, a limited liability company registered in England & Wales.
2. Where we may collect information from
We will gather information from a number of sources. Typically, it is primarily drawn from applications to open an account with Affirmative directly.
After an account is established and as our business relationship develops, we may gather further information from you as you transact with us or make servicing requests of us.
In addition to the information provided directly by you, we may gather information about you from a broad range of third parties. This includes other persons that you may instruct to assist you with your dealings with Affirmative, for example, your professional advisers, custodian or investment manager. We may also seek information from credit and individual reporting agencies about you. Third parties may be asked to undertake due diligence about you to assist us in respect of our responsibilities to combat financial crime, to ensure we are in compliance with applicable sanctions regimes, as well as helping us establish and maintain client relationships which we believe are in the best interests of both Affirmative and our clients.
In line with market practice in the financial services industry, we may record communications with you, including monitoring your e-mails. We will do this in a proportionate manner and always in accordance with applicable laws and regulations designed to protect your privacy in this sensitive area. Typically we would not access your information regularly in this way. Rather, it will be used for compliance, internal control or security purposes to help us comply with our legal and regulatory obligations and as evidence of transactions.
3. The type of information we may collect
If you deal with Affirmative in an individual capacity or as the settler or trustee of a trust or the owner of an investment vehicle established on your behalf or that of your family, we may collect the following types of personal data about you.
|Type of Data||Examples|
|Personal details||Name, age, occupation and relationship status.|
|Contact details||Address, telephone, fax and email (both private and work related).|
|Identity documents||Passport, national identity card, armed forces identity document, driver's licence, gun licence.|
|Personal identifiers||Social Security Number, National Insurance Number, Tax File Number, Taxpayer Identification Number.|
|Photographs||A head and shoulders photograph of you from one of the identity documents specified.|
|Video Images and Audio||Recordings of phone conversations, presentations given by or to you with Affirmative.|
|Financial Information||Your source of wealth, investment experience, investment objectives, tolerance of risk and certain representations required under applicable law or regulation or Affirmative internal policies concerning your financial resources.|
|Your Personal History||Information about your current or former employers, education, business activities, affiliations, roles and responsibilities.|
If you deal with Affirmative in the capacity of an officer, employee, director and or principal of one of our corporate or institutional clients the typical personal data we collect about you would additionally include your role/position/title and area of responsibility and your authority.
Of course, except as otherwise agreed in particular contexts with us, you are not required to supply any of the personal information that we may request from you. However, please note that failure to supply such information may result in you being unable to open or maintain an account with Affirmative. It may limit the services we can provide to you or your company. While we make reasonable efforts to ensure that all information we hold about you is accurate, complete and up to date, you can help us in this regard by promptly notifying us if there are any changes to your personal information. In certain cases, this is of such importance that we will ask you to represent that you will do so.
4. How we use your information
We may use your personal information in a range of different ways.
|Account Opening||We, or funds operated by us, will use your personal information to set up your account facilities. Examples would include entering your name as shareholder, compliance with our regulatory “know your customer” obligations and ensuring we have the correct records to comply with our tax reporting obligations.|
|Contact Details||We will maintain records of your contact details and the manner in which you wish to be contacted, for example, by phone, fax, post or e-mail.|
|Reporting||We may use personal information to provide you with details of your account operated by us including issuing confirmations and periodic statements.|
|Provision of Research and other services||We may use personal information to provide you with information (such as investment research), recommendations or generic advice concerning your account or products offered by Affirmative.|
|Provision of Advice||On express agreement with Affirmative that it is to provide this service to you, we may use the information to form the basis of any personal recommendation or advice we offer.|
|Video Images and Audio||Recordings of phone conversations, presentations given by or to you with Affirmative.|
|Provision of Discretionary Investment Management||On express agreement with Affirmative that it is to provide this service to you, we may use the information to inform any discretionary investment management activities we undertake on your behalf.|
|Internal Controls and Processes||We may use personal information to facilitate our internal business operations, including assessing and seeking to manage risk as well as fulfilling our legal and regulatory requirements.|
|Compliance Matters||We may use personal information to carry out various compliance checks as required by law, regulation or Affirmative’s or its service providers internal policies and procedures. Such policies are designed to review creditworthiness, guard against money laundering or fraud and to ensure compliance with sanctions regimes. We may also use personal information to help us determine appropriate client relationships by reviewing political affiliations and records of criminal offences committed or alleged to have been committed and searching media databases.|
|Regulator Interaction||We may use personal information to ensure compliance with our regulatory notification and reporting requirements anywhere in the world (including national and international regulatory bodies and other law enforcement agencies).|
|Litigation||If we are subject to a court action or other proceedings or require, to the extent necessary, to exercise and defend our legal rights we may be required to use your personal information.|
|Recording||We may record (visual and audio) and/or monitor communications, (including: cctv, e-mail, instant messaging, facsimile, telephone and other electronic communications), with you or your agent(s) for compliance, internal control and security purposes and as evidence of transactions.|
5. When we will disclose your information within Affirmative
In order to service you better, and reflecting the globally integrated nature of our business, Affirmative may in the future open offices in other jurisdictions and we will transfer your personal information between such present and future offices. In doing this, we will adhere to applicable legal and industry standards regarding the protection of personal information but the jurisdictions concerned may not have data protection laws as strict as those in the UK, Australia or the United States. For example, we might share your information with another Affirmative office in order to facilitate your instructions or the maintenance of your accounts. At the date of this policy, Affirmative has only one office established, this being in the United Kingdom.
6. When we will disclose information to persons outside Affirmative
Affirmative only discloses your personal information to third parties in accordance with this policy. We may provide your personal information to non-affiliated companies that perform support services for your - this includes any outsourcing arrangements made by Affirmative in respect of its business.
If we are transacting as agent on your behalf, we may disclose your personal information to third parties such as settlement agents, counterparties, banks or exchange or clearing houses to whom we disclose in the course of providing products and services to you. We may also disclose personal information to persons who provide professional, legal or accounting services to us. In addition, we may also disclose your personal information to fulfil your instructions, to protect our rights and interests and those of our business partners or pursuant to your express consent.
Lastly, in a limited range of circumstances, we may disclose your personal information to third parties in accordance with applicable laws and regulations or pursuant to internal policies and procedures designed to facilitate compliance with such laws and regulations. Examples of this would be: when responding to a writ or similar legal process; cooperation with law enforcement or regulatory authorities or with organisations such as exchanges and clearinghouse; making enquiries designed to assist with our client identification programme; prevent fraud or other financial crime. Non-affiliated companies that assist Affirmative in providing services to you are required to maintain the confidentiality of such information and to use it only in the course of providing such services and for the purposes that Affirmative specifies.
These third parties may operate from locations outside the European Economic Area, Australia and United States. Again, some of these jurisdictions may not have data protection laws as strict as those in the European Economic Area, Australia or the United States.
7. We will not sell your information
Affirmative will not sell, rent or trade your personal information nor will it pass it on to third parties for their marketing purposes. Affirmative may occasionally, in accordance with applicable laws, contact you by post, telephone, electronic mail or facsimile with details of products and services, including Affirmative Funds, that we believe may be of interest to you. If you do not wish to be contacted in this way, please write to Affirmative at the address below.
8. How we protect the privacy of your information
We endeavour to protect your personal information at all times. Primarily, we do this by utilising appropriate access controls to those data, so that only authorised Affrimative employees or agents and our third party service providers have access. We subject such third parties to confidentiality obligations. In addition, we maintain physical, electronic and procedural safeguards intended to protect your information against loss, misuse, damage or modification and unauthorised access or disclosure. Those policies and procedures include educating those working for or on behalf of Affirmative on information security policies and responsibilities.
9. What rights do you have under European data protection laws?
You have certain specific rights provided under European Union ("EU") data protection law. If you wish to access a copy of your personal data; or you wish to modify any personal data which we hold about you, you can do so by written request to Affirmative at the address set out below. You are also entitled to have Affirmative modify or delete any information that is incorrect or out of date; and in some limited circumstances you may have a right to object to our processing of your personal data.
In the case of a request for access to personal data, we and our affiliates reserve the right to charge an appropriate fee, if applicable. You may be asked to supply a valid means of identification as a security precaution to minimise unauthorised disclosure. We will process your request within the time provided by applicable law.
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11. Ending Your relationship with Affirmative
If your relationship with Affirmative ends, we will continue to treat your personal information, to the extent we retain it, in accordance with this policy as updated from time to time.
IMPORTANT INFORMATION ON ELECTRONIC COMMUNICATIONS
When you receive an e-mail or other forms of electronic communication from Affirmative, please be aware the information contained in or accompanying that communication may be confidential, subject to legal privilege, or otherwise protected from disclosure and (unless it expressly states otherwise) it is intended solely for the use of the intended recipient. If you receive a communication from Affirmative and you are not the intended recipient of the communication, please delete it and destroy all copies in your possession, notify us that you have received the communication in error and note that any review or dissemination of, or the taking of any action in reliance on, any such electronic communication sent in error is expressly prohibited.
2. Right to request traditional delivery
If you have requested electronic delivery of any information, you have the right to request paper copies of any information that is sent to you electronically at any time after the consent noted below. No additional fees are charged for requesting paper copies after consenting to electronic delivery and, thereafter, you will receive paper copies.
3. Risk of interception, viruses and defects
Electronic communications may contain computer viruses or other defects, may not be accurately replicated on other systems or may be intercepted, deleted or interfered with without the knowledge of the sender or the intended recipient. Affirmative makes no warranty in relation to these matters. As a result, it may be that you are not comfortable with the risks associated with e-mail messages and other forms of electronic communication. If that is the case, please get in touch with your Affirmative contact and we will be pleased to arrange another means of communication with Affirmative.
4. Prohibition on publication and alteration of information
Unless you have the express written consent of Affirmative, you are not permitted to publish, transmit, or otherwise reproduce any information received from Affirmative, in whole or in part, in any format to any third party. In addition, you are not permitted to alter, obscure, or remove any copyright, trademark or any other notices that are provided to you in connection with the information. Affirmative reserves the right, at any time and from time to time, in the interests of its own editorial discretion and business judgement to add to, modify, or remove any of the information delivered to you.
5. Affirmative rights in respect of information
Unless there is express written agreement with Affirmative to the contrary, no information sent to you is intended to, and will not, transfer or grant any rights in or to that information and all rights not expressly so granted herein are reserved by Affirmative or, if applicable, the third party providers from whom Affirmative has obtained the information.
6. No warranties made as to content; responsibilities to update
Neither Affirmative nor its third party providers make any warranty, express or implied, concerning electronic communication. If you elect to receive electronic communications, that is at your sole risk. Affirmative expressly disclaims any implied warranty of satisfactory quality or fitness for a particular purpose, including any warranty as to the use or the results of the use of information with respect to its correctness, quality, accuracy, completeness, reliability, performance, timeliness, or continued availability.
7. Content not to be construed as a solicitation or recommendation
Unless it expressly agreed between the parties to the contrary, material provided electronically is for information purposes only without regard to the particular recipient’s investment objectives, financial situation, or means. Affirmative is not soliciting any action based upon it. Any such material is not to be construed as a recommendation, or an offer to buy or sell, or the solicitation of an offer to buy or sell any security or financial product in any jurisdiction in which such an offer or solicitation, or trading strategy would be illegal. You should neither construe any of the material contained in an electronic communication as legal, regulatory, tax, or accounting advice nor make any services provide by us the primary basis for any investment decisions made by you or your advisers.
8. No representations made as to other sites or links
Our electronic communications may provide links to certain Internet sites ("Sites") maintained by third parties. In this case, Affirmative is providing such links solely as a convenience to you. Accordingly, Affirmative makes no representations concerning the content of the Sites. The fact that Affirmative has provided a link to the Sites does not constitute an endorsement, authorisation, sponsorship, or affiliation by Affirmative with respect to the Sites, their owners, or their providers.
Changes to our policy
This policy provides a general overview of the ways in which we seek to protect your personal information and important information on electronic communication. Please be aware that we may request certain further confidentiality arrangements be put in place in respect of your interaction with us, especially when we believe there is a risk such information could be material price sensitive information. This policy may be changed from time to time to reflect changes in our practices concerning the collection and use of personal information. The revised policy will be effective immediately upon posting to our website.
This version of the Policy is effective 31 July 2015.
Affirmative Investment Management Partners Limited
78 Cannon Street
+44 2037 866 050