Data Privacy Statement
Data Privacy Statement
|Prescient Global Funds ICAV
|Omba Investments ICAV
|c/o Prescient Investment Management (Pty) Ltd
Block B, Silverwood
Steenberg Office Park, Tokai
Cape Town, 7945
Tel: + 27 21 700 3600
or c/o Prescient Fund Services (Ireland) Limited
35 Merrion Square East
Dublin 2, D02 KH30
Tel: +353 1 676 6959
|c/o Prescient Fund Services (Ireland) Limited
35 Merrion Square East
Dublin 2, D02 KH30
Tel: +353 1 676 6959
As a consequence of your investment, the ICAV acting as a data controller may itself (or through third parties including but not limited to the Manager together with any distributor or sub-distributors that may be appointed from time to time (collectively the “Distributor”),] local paying agents and mailing firms appointed by any of the foregoing (together the “Service Providers”)) process your personal information or that of your directors, officers, employees, intermediaries and/or beneficial owners.
When processing your personal information, there may also be times where the Manager will act as a data controller. In circumstances where the Manager acts as a data controller in respect of the information that has been provided to it by you or the ICAV, all rights afforded to you as a data subject under the GDPR shall be exercisable by you solely against the Manager as applicable. Please contact the Data Protection Officer should you wish to obtain information concerning the Service Providers.
In this regard, please note the following:
Purposes of Processing and Legal Basis for Processing
The personal data collected from you or provided by you or on your behalf in connection with your holdings in the ICAV will be collected, stored, disclosed, used and otherwise processed by the Service Providers on behalf of the ICAV for the purpose of:
- managing and administering your holdings in the ICAV and any related account on an ongoing basis and disclosure to third parties (such as auditors, regulatory / tax authorities), in order to ensure the due performance of the contract between the ICAV and you;.
- complying with any legal, tax or regulatory obligations including those under ICAV law / tax law and under anti-money laundering / counter terrorist financing legislation, in order to ensure compliance with a legal obligation to which the ICAV is subject;
- for the purpose of recording, maintaining, storing and using recordings of telephone calls and electronic communications that you make to and receive from the ICAV and its Service Providers or for otherwise pursuing the legitimate interests of the ICAV.
The Manager as a data controller of your personal data may also collect, store, disclose, use or otherwise process your personal data for the purposes outlined below:
- managing and administering your holdings in the ICAV and any related account on an ongoing basis and disclosure to third parties (such as auditors, regulatory / tax authorities), in order to ensure the due performance of the contract between the ICAV and the Manager;
- complying with any legal, tax or regulatory obligations including those under applicable law, including under anti-money laundering / counter terrorist financing legislation, in order to ensure compliance with a legal obligation to which the Manager is subject;
- for the purpose of recording, maintaining, storing and using recordings of telephone calls and electronic communications in respect of the ICAV or for otherwise pursuing the legitimate interests of the Manager, as manager and administrator of the ICAV.
Please note that where personal data is processed for purposes of legitimate interests, you have a right to object to such processing and the ICAV and its appointed Service Providers will no longer process the personal data unless it can be demonstrated that there are compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims. Further information relating to the balancing test undertaken by the ICAV to rely on legitimate interests as a grounds in respect of such processing is available upon request.
Disclosures to Service Providers and / or Third Parties
Personal data relating to you which is collected from you or provided by you or on your behalf may be handled by and disclosed by Service Providers appointed by the ICAV and its or their duly appointed agents and any of related, associated or affiliated companies within the Prescient Holdings (Pty) Ltd group of companies (“Prescient Group”) for the purposes specified above. These Service Providers will be obliged to adhere to the data protection laws of the countries in which they operate.
The ICAV and the Manager may disclose your personal data to other third parties where required by law or for legitimate business interests. This may include disclosure to third parties such as auditors and the Central Bank of Ireland, regulatory bodies, taxation authorities and technology providers.
Profiling and Screening
The ICAV and its appointed Service Providers may engage in PEP screening and financial sanctions screening programs defined by the European Union (“EU”), the United Nations (“UN”), Her Majesty’s Treasury (“HMT”) and the Office of Foreign Assets Control (“OFAC”) for the purposes of complying with anti-money laundering and counter terrorist financing legislation and with UN, EU and other applicable sanctions regimes. The implementation of such PEP screening and financial sanctions screening programs may result in the ICAV or its Service Providers refusing an application for Shares in the ICAV or delaying or refusing to make any redemption payment or distribution payment to you if you, your directors or any beneficial owner of your Shares appear on such screening programs. In the event that you are identified as a PEP as a result of the screening process, you may be required to provide additional information and/or documentation to the ICAV or its Service Providers.
Undertaking in connection with other parties
By providing personal data to the ICAV, you undertake to be authorised to disclose to the ICAV relevant information applicable to the beneficial owner of the investment, to your directors and authorised signatories and to persons that own, directly or indirectly, an interest in the ICAV. In this respect you confirm that you have provided these persons with all the information required under applicable data protection law, notably regarding their data protection rights, and received from these persons their authorisation for the processing and transfer of their personal data to us.
Personal data collected from you or provided by you or on your behalf may be transferred outside of Ireland including to companies situated in countries outside of the European Economic Area (“EEA”) which may not have the same data protection laws as in Ireland. Such non-EEA countries comprise South Africa (where the ICAV’s IT infrastructure is maintained), the United Kingdom and/or such other countries as may be determined by the ICAV/Manager from time to time, which has their own stringent data protection laws in place.
Where data transfers outside of the EEA take place, the ICAV and/or the relevant Service Provider have taken the necessary steps to ensure that appropriate safeguards have been put in place to protect the privacy and integrity of such personal data, including entering of data protection model agreements between the ICAV and its Service Providers in accordance with the requirements of GDPR. Please contact the Data Protection Officer should you wish to obtain information concerning such safeguards.
Data Retention Period
The ICAV and its appointed Service Providers will retain all information and documentation provided by you in relation to your investment in the ICAV for such period of time as may be required by Irish legal and regulatory requirements, being at least six years after the period of your investment has ended or the date on which you had your last transaction with us.
Your data protection rights
Please note that you have the following rights under the GDPR. In each case, the exercise of these rights is subject to the provisions of the GDPR:
- You have a right of access to and the right to amend and rectify your personal data.
- You have the right to have any incomplete personal data completed.
- You have a right to lodge a complaint with a supervisory authority, if you consider that the processing of personal data relating to you carried out by the ICAV infringes the GDPR.
- You have a right to be forgotten (right of erasure of personal data).
- You have a right to restrict processing.
- You have a right to data portability.
- You also have the right to object to processing where personal data is being processed for direct marketing purposes and also where the ICAV or a Service Provider is processing personal data for legitimate interests.
Where you wish to exercise any of your data protection rights against the ICAV, please contact us via the details provided below under “Contact Us”.
The ICAV or its Service Provider will respond to your request to exercise any of your rights under the GDPR in writing, as soon as practicable and in any event within one month of receipt of your request, subject to the provisions of the GDPR. The ICAV or its Service Provider may request proof of identification to verify your request.
Failure to provide personal data
As outlined in the section titled “Purposes of Processing and Legal Basis for Processing”, the provision of personal data by you is required for us to manage and administer your holdings in the ICAV. Where you fail to provide such personal data in order to comply with anti-money laundering/counter terrorist financing or other legal requirements, in certain circumstances, we may be prohibited from making redemption or any applicable dividend payments to you and/or may be required to discontinue our business relationship with you by compulsorily redeeming your shareholding in the ICAV.
If you have any questions about the Fund’s use of your personal information, please contact the Data Protection Officer at the following e-mail address: email@example.com
Please do not hesitate to contact us if you are not satisfied with this investment or the services received from the Manager. A complaint must be submitted to the Compliance Officer. The Manager will acknowledge the complaint in writing and will inform the investor of the contact details of the persons involved in the resolution thereof. Should you wish to lodge a complaint regarding the services being provided, an email can be sent to firstname.lastname@example.org or alternatively you can obtain our complaints policy from the compliance department (email@example.com).
If an investor is still not satisfied with the final response from the Manager or if a complaint has not been fully resolved within 40 days of it being received, he/she has the right to address his/her complaint in writing to the Financial Services Ombudsman at the address below. The Ombud is legally empowered to investigate and adjudicate complaints in a procedurally fair, economical and expeditious manner.
|+353 1 567 7000
|Lincoln House, Lincoln Place, Dublin 2, D02 VH29