BREVAN HOWARD LIQUID PORTFOLIO STRATEGIES
société d’investissement à capital variable
Registered office: 49, Avenue J.F. Kennedy, L-1855 Luxembourg
R.C.S. Luxembourg: B-144263
Luxembourg, March 2019
Please be informed that your Personal Data (as defined below) may be collected, recorded, stored in digital form or otherwise, adapted, transferred or otherwise processed and used in accordance with the Luxembourg law of 2 August 2002 on the protection of persons with regard to the processing of personal data (as amended), the European Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“General Data Protection Regulation”) and any other European Union or national legislation which implements or supplements the foregoing.
In this privacy notice, reference to “we”, “us” or “our” are references to the Company; references to “you” or “your” are references to the Data Subject (as defined below).
This privacy notice applies to any identified and identifiable natural person (“Data Subject”) whose Personal Data (as defined below) is provided to us directly by the Data Subject or indirectly through another natural or legal person, public authority, agency or another body in connection with our relationship with the Data Subject where we act as data controller within the meaning of the General Data Protection Regulation.
Please ensure that a copy of this privacy notice is provided to any third parties whose Personal Data (as defined below) you provide to us. We may update this privacy notice from time to time and we will notify you in writing of any changes we make.
You, as a Data Subject, remain responsible to inform any of your potential authorised representatives or beneficial owners about the existence and content of this privacy notice.
I. Which categories of Personal Data are concerned?
“Personal Data” includes data regarding an individual’s identification such as name, address (including proofs of name and address), date of birth, place of residence, fiscal domicile, address, nationality, telephone number, email address, bank account details, tax number and copies of ID or passport of the authorised representatives or beneficial owner of an investor as well as any other information pertaining to the aforementioned persons. For the avoidance of doubt, in case of corporates, Personal Data includes personal data of individuals linked to such corporates.
II. Where do we obtain Personal Data about you?
Personal Data may be collected, used and stored by us or other parties in connection with the performance of their respective tasks from the following sources:
- information provided verbally, electronically or in writing, including information provided on subscription forms, questionnaires and other forms provided by you or your organisation;
- information that is generated by the Company in the course of its business with you;
- information obtained from international sanctions lists, publicly available websites, financial market infrastructures (including settlement service providers, central securities depositaries, exchanges, central clearing counterparties and other similar entities) and other public data sources;
- the performance of any contract that you have entered into with the Company or other relevant parties (as described below) from time to time;
- information that may be obtained or received from other relevant parties in connection with the performance of their respective tasks, including:
- (a) Carne Global Fund Managers (Luxembourg) S.A. acting as the management company of the Company (the “Management Company”);
- (b) Brevan Howard Capital Management LP acting as the Manager and/or Principal Distributor of the Company (the “Manager”); and
- (c) State Street Bank Luxembourg S.C.A. acting as the administrator and/or depositary of the Company (the “Administrator”).
III. Who is responsible for your Personal Data?
The confidentiality, privacy and security of your Personal Data is ensured by the Company and other parties who process your Personal Data in connection with the performance of their respective tasks. Physical, electronic and procedural safeguards are maintained to protect your Personal Data. This privacy notice explains certain policies and practices that have been put in place to ensure the privacy of such Personal Data.
The Company, acting in its capacity of data controller in relation to your Personal Data, will be responsible for the lawful processing of your Personal Data.
IV. Why do we process your Personal Data?
The Personal Data will be processed by us or on our behalf (including by the above-mentioned parties) if necessary for the purposes of:
- performance of a contract, including:
- processing subscription, redemption and conversion orders,
- payments of dividends and other distributions,
- cash movements for transactions settlement purposes,
- reconciliation of cash accounts,
- maintaining the register of shareholders of the Company, and
- providing client-related services;
- compliance with the applicable legal and regulatory obligations to which the Company is subject to, such as:
- anti-money laundering and terrorism financing identification,
- know your client (KYC) obligation,
- crime detection, prevention, investigation and prosecution, and
- tax identification in accordance with applicable legal obligations.
- the legitimate interests of the Company, the Management Company, the Manager and the Administrator (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms), such as:
- carrying out the ordinary or reasonable business activities of the Fund, the Management Company, the Manager and the Administrator, or other activities previously disclosed to the Company’s investors or referred to in this privacy notice;
- establishing, exercising or defending legal rights or for other purposes relating to legal proceedings;
- ensuring the security of information systems;
- monitoring and recording of calls and electronic communications for quality, security, training, investigation and fraud prevention purposes; and
- production of quality and activity reports.
In respect of any processing of sensitive personal data falling within special categories, such as any personal data relating to the political opinions of a politically exposed person, the processing will be necessary for reasons of substantial public interest.
We may also rely on consent as a legal basis for processing of your Personal Data. If we do rely on your consent, we will make this clear to you at the time we ask for your consent. You will have the right to withdraw such consent at any time.
V. To whom do we disclose your Personal Data?
Generally, we will not provide Personal Data to outside firms, organisations or individuals, unless it is required in the normal course of business, or as otherwise permitted or required by law, or on request from an applicable regulator.
We may disclose certain Personal Data, on a “need to know” basis:
- to the Administrator;
- to the Management Company;
- to the Manager;
- to any distributor;
- to any bank or other party with whom the Company conducts or intends to conduct business that has requested such information;
- to the government of Luxembourg (or to other foreign fiscal or tax authorities, as applicable) as well as to other public authorities (including supervisory or regulatory authorities) with respect to certain information in relation to the investors and certain information relating to the investor’s investment or Personal Data in order to comply with any applicable Luxembourg law and the obligation of the Luxembourg government (or other foreign fiscal authorities, as applicable) to automatically exchange information as outlined above;
- to any competent regulatory, prosecuting, tax or governmental authority having jurisdiction over us, our affiliates, other parties who process your Personal Data in connection with the performance of their respective tasks or any regulatory authority that requests such information in connection with any proposed investment or disposition of an investment;
- in connection with any litigation or other dispute or otherwise as necessary or appropriate to enforce the terms of the Company;
- to our, our affiliates’ or the above-mentioned parties’ (other parties who process your Personal Data in connection with the performance of their respective tasks) directors, officers, employees, agents, administrators, attorneys, legal and tax advisors, accountants or other professional service providers (including administrative support providers and processors);
- to other persons as required by any law, rule or regulation or in response to any subpoena or other legal process; and
- otherwise as the Company deems reasonably necessary for the conduct of the Company’s business.
Access to Personal Data is restricted to those employees who need to know that information to provide services to the Company and its investors.
We will require our service providers to protect the confidentiality and privacy of your Personal Data and to use the information only for the purpose for which the disclosure is made. For this purpose, service providers receiving Personal Data are bound by agreement with us and other parties who process your Personal Data in connection with the performance of their respective tasks to keep Personal Data secure.
VI. Where do we transfer your Personal Data?
Processing Personal Data for the purposes mentioned above may involve the transfer of your Personal Data to parties located outside the European Union, in countries where data protection laws might not exist or be of a lower or different standard than in the European Union.
We and any service provider who processes your Personal Data in connection with the performance of its respective tasks will ensure that a transfer of your Personal Data to these countries is carried out in compliance with European data protection legislation, in the event of any such data transfers. Suitable safeguards are put in place ensuring that such transfer is carried out in compliance with the European data protection legislation. A copy of such safeguards can be requested by contacting the Company using the details set out under “Contact Details” below.
Your Personal Data will be transferred to Jersey, Canada and Switzerland based on the European Commission’s “adequacy determination” of such recipient countries.
Your Personal Data will be transferred to India subject to the appropriate safeguards, as incorporated by standard contractual clauses that have been approved by the European Commission, to ensure that such transfers are carried out in compliance with the European data protection legislation.
In addition, your Personal Data may be transferred to other countries outside the European Economic Area where we have obtained your consent to do so. You will be entitled to withdraw such consent at any time.
VII. How long do we keep your Personal Data?
We and other parties who process your Personal Data on our behalf in connection with the performance of their respective tasks will collect only such information that is useful and required for the performance of the services we provide or which are provided to you on our behalf. Any Personal Data will be held for a period of up to 10 years after the termination of the relationship between you and the Company and in any event no longer than necessary with regard to the purpose of the data processing or as required by law.
VIII. What are your rights in relation to Personal Data?
Under certain circumstances you have the right, in accordance with the General Data Protection Regulation, to:
- request access to your Personal Data and to request a copy of your Personal Data processed by or on behalf of the Company free of charge or subject to an administrative charge if you request is excessive or manifestly unfounded. This enables you to receive a copy of your Personal Data we hold about you and to check that we are lawfully processing it;
- request the rectification of your Personal Data in case of inaccuracy or incompleteness. This enables you to have any incomplete or inaccurate information we hold about you corrected;
- request the erasure of your Personal Data. This enables you to ask us to delete or remove your Personal Data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Data where you have exercised your right to object to processing;
- request the restriction of the processing of your Personal Data. This enables you to ask us to suspend the processing of your Personal Data, for example if you want us to establish its accuracy or the reason for processing it;
- request the transfer of your Personal Data to third parties without hindrance from the Company unless if processing is based either on your consent or on a contract;
- lodge a complaint in relation to data protection related issues with the relevant data protection authorities in the member state of the European Economic Area where you live or work, or where the alleged infringement of the General Data Protection Regulation or of the Luxembourg law of 02 August 2002 occurred. In Luxembourg, the competent authority is the Luxembourg data protection authority, the Commission Nationale de la Protection des Données, the CNPD with address at 1, avenue du Rock’n’Roll, L-4361 Esch-sur-Alzette (Tel.: (+352) 26 10 60-1) https://cnpd.public.lu/en/droits/faire-valoir/formulaire-plainte.html);
- withdraw your consent at any time (without this withdrawal affecting the lawfulness of processing prior to the withdrawal) in cases where your Personal Data has been processed on the legal basis of consent; and
- object to the processing of your Personal Data, at any time and free of charge, where we are relying on our legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on such ground. You also have the right to object where we are processing your Personal Data for direct marketing purposes.
IX. Contact Details
To exercise the above described rights or for any other data protection queries, you can contact Carne Global Fund Managers (Luxembourg) S.A., acting as the management company of the Company, either (i) at the following e-mail address: LegalLux@Carnegroup.com; or (ii) at the following telephone number: +362 26 73 23 1.
If a Data Subject fails to provide such information in a form which is satisfactory to the Company, opposes to the aforementioned processing of her/his Personal Data or withdraws his/her consent to such data processing, the Company may restrict or prevent any business relationship with the Data Subject.