Introduction

SEILERN INVESTMENT MANAGEMENT (IRELAND) LTD respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

Please use the Glossary to understand the meaning of some of the terms used in this privacy notice.

  1. Who we are and how to contact us
    • seilernfunds.com and all other pages under the seilernfunds.com domain name are operated by Seilern Investment Management (Ireland) Ltd ("we", “us” or “our”). We are a company incorporated and registered in Ireland with company number 228250 whose registered office is at 30 Herbert Street, Dublin 2, Ireland.
    • to contact us, please email dpo@seilerninvest.com.
  2. Important information

This privacy notice aims to give you information on how we collect and process your personal data through your use of this website, including any data you may provide through this website and when you opt in to receive our newsletters.

This website is not intended for children and we do not knowingly collect data relating to children.

It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.

  1. Controller

We are the controller and responsible for your personal data, ("we", "us" or "our" in this privacy notice).

We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below.

  1. Contact details

Our full details are:

Full name of legal entity:                                                 Seilern Investment Management (Ireland) Ltd

Name or title of the data privacy manager:               Fatima Al-Ajami

Email address:                                                                   dpo@seilerninvest.com

Postal address:                                                                   30 Herbert Street, Dublin 2, Ireland

You have the right to make a complaint at any time to the Data Protection Commission (DPC), Ireland’s supervisory authority for data protection issues (https://www.dataprotection.ie/). We would, however, appreciate the chance to deal with your concerns before you approach the DPC so please contact us in the first instance.

  1. Changes to the privacy notice

This version was last updated on 6 March 2020. Although most changes are likely to be minor, we may change this privacy notice from time to time, and in our sole discretion. We encourage visitors to frequently check this page for any changes to our privacy notice. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

  1. Third-party links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

  1. Do you know what personal data is?

Personal data can be anything that identifies and relates to a living person. This can include information that when put together with other information can then identify you. 

Examples of personal data could be your name, address, telephone number, email address, date of birth.

  1. The data we collect about you

Certain visitors of our website may choose to interact with website services in ways that require our website services to gather personally-identifying information. The amount and type of information that our website gathers depends on the nature of the interaction. For example, users may provide as much personal information as they want by filling in our contact form.

We do not collect any personal identification data, such as names or contact details, about you unless it is voluntarily provided and/or we require this information to comply with a legal requirement.

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

  • Identity Data: includes first name, last name or similar identifier, title, job title, company name, company email.
  • Contact Data: includes company email address and telephone numbers.
  • Technical Data: includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website; details of your visits to our website (including, but not limited to, traffic data, location data, weblogs and other communication data), and the resources that you access.
  • Usage Data: includes information about how you use our website, products and services.
  • Marketing and Communications Data: includes your preferences in receiving marketing from us and our third parties and your communication preferences.

The information we may collect and process about you may include the information that you provide in emails and letters you send to us, including keeping a record of that correspondence.

We do not collect any personal information about the investors in the fund. Should this change at any time in the future, we will revise the policy accordingly.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

  1. If you fail to provide personal data where it is required under the law or contract

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services).

In this case, we may have to cancel a product or service you have with us, cease our business relationship and/or discontinue any communication, but we will notify you if this is the case at the time.

  1. How is your personal data collected

We use different methods to collect data from and about you including through:

  • Direct interactions. You may give us your Identity, Contact by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
    1. communicate with us with a view of establishing a business relationship;
    2. subscribe to our service or publications;
    3. request marketing to be sent to you; or
    4. give us some feedback.
  • Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy below for further details.
  • Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as.
  1. We only use the personal data we need

Where we can, we will only collect and use your personal information for the specified purpose for which it was collected except where the law allows us to use it for another purpose. We shall keep your personal information accurate and updated. It shall not be kept longer than necessary and shall be relevant and not excessive in relation to the purpose or purposes for which it was collected.

If we do not need personal information, we will keep your information anonymous. Where we can, we will always keep you anonymous unless you have agreed that your personal information can be used for a specific purpose. We (and our agents) use our reasonable commercial endeavours to ensure that all personal data is password protected and only a limited number of individuals have access to the information necessary in the course of providing their services.

  1. How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • to provide you with information or services that you request from us;
  • to communicate with you (including the mailing, in physical or electronic format, of periodical reports, notices or other communications that are necessary for the functioning of our relationship);
  • to ensure that content from our website is presented in the most effective manner for you and for your device;
  • to enable us to improve our services;
  • to keep a record of the services you have subscribed to;
  • to facilitate our internal administration processes;
  • to comply with our legal and regulatory obligations;
  • for any other purpose which you have specifically consented to when providing the information;
  • where you have indicated you wish to receive further information from us and where we need to prepare or perform a contract which we are about to enter into with you; or
  • where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

We do not use automated decision-making. Accordingly, your personal data is not subject to automated decision-making.

Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

  1. Purposes for which we will use your personal data

Some of the grounds for processing described below will overlap as there may be several grounds which justify our use of your personal data.

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity

Type of data

Lawful basis for processing including basis of legitimate interest

To manage our relationship with you which will include:

(a) notifying you about changes to our terms or privacy policy; or

(b) providing you with our latest factsheets and newsletters.

(a) Identity

(b) Contact

(c) Marketing and Communications

(a) Preparation of or performance of a contract with you

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)

(d) Necessary to comply with a legal or regulatory obligation

To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data). 

(a) Identity

(b) Contact

(c) Technical

(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)

(b) Necessary to comply with a legal or regulatory obligation

To deliver relevant website content and advertisements (if you opted in) to you and measure or understand the effectiveness of marketing we serve to you.

(a) Identity

(b) Contact

(c) Usage

(d) Marketing and Communications

(e) Technical

Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)

To use data analytics to improve our website, services, marketing, customer relationships and experiences.

(a) Technical

(b) Usage

Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)

To make suggestions and recommendations to you about services that may be of interest to you.

(a) Identity

(b) Contact

(c) Technical

(d) Usage  

Necessary for our legitimate interests (to develop our products/services and grow our business)

  1. Marketing

We may carry out customer insight analysis from our interactions with you to help improve our services and keep you informed about offerings that may be of interest to you. We strive to provide you with choices regarding certain personal data uses, particularly around direct marketing and advertising. We will get your express opt-in consent before we share your personal data with any company for marketing purposes. You may consent to receive marketing emails by ticking the box on the contact page of our website.

You may opt out from marketing emails at any time by contacting us at dpo@seilerninvest.com. Alternatively, all our marketing communications include unsubscribe links to help you manage your marketing preferences. We will then remove your details to the extent that we are able to (for example we may need to retain a record of those people who have advised us that they no longer want to receive communications from us).

  1. Service offerings

We may use your Identity, Contact and Technical, Usage Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you. You will receive marketing communications which, as opposed to direct marketing, aimed directly at you if you have requested information from us or purchased services from us and, in each case, you have not opted-out of receiving marketing communication. We are relying on our legitimate business interests when we process your personal information for the purposes of targeted marketing. You may opt-out and request us to delete your personal data at any time. Please see clause 24 below to learn more about your legal rights.

  1. Cookies

This website uses cookies to distinguish you from other users of the website and to make the website work more efficiently. A “cookie” is a small file of letters and numbers that a website can store on the browser or hard drive of your computer. Some cookies are deleted when you close down your browser. These are known as “session cookies”. Others remain on your device until they expire or you delete them from your cache. These are known as “persistent cookies” and enable us to remember things about you as a returning visitor.

For further information about how to control and disable cookies in your browser please visit: www.aboutcookies.org.uk.

Alternatively, you can search the internet for other independent information on cookies. Cookies may be required to allow you to access and participate in certain areas of this website. The cookies we store on your computer do not contain any personally identifiable information. There are different types of cookies used for different purposes. The cookies this website uses are listed below.

Strictly necessary cookies

These are cookies that are required for the operation of this website. They include, for example, cookies that may enable you to log into secure areas of this website or to fulfil an action requested by you when you are logged on. Without these cookies we are unable to provide some services that you might request. Other strictly necessary cookies keep this website secure. Even if you say no to cookies on this website, we will continue to use these essential cookies.

Performance or analytical cookies

These cookies allow us to improve this website by recognising and counting the number of visitors to this website and to see how visitors move around this website while they are using it. These analytics will help us improve the way this website works, for example by letting us know how we need to adapt this website to ensure users can easily find what they are looking for. If you disable these cookies you will still be able to use most of our online services, but some might not work as you expect if you do not allow us to store and access cookies on your device.

Cookies We Use

Function

Cookie Name(s)

Further information

Keeping an anonymous record of how visitors use the website                 

__utma

__utmb

__utmc

__utmz

The Google Analytics software is described at:

http://www.google.co.uk/intl/en/analytics/privacyoverview.html

To opt out of being tracked by Google Analytics across all websites, visit:

http://tools.google.com/dlpage/gaoptout

Allowing the server to identify whether the browser is using Javascript

 

has_js

Identifies whether a browser has Javascript enabled to display Javascript elements or go to non-Javascript

Remembering Google Analytics choice

 

gainc

Determines whether the user wants Google Analytics cookie to run

Allowing the server to maintain a session for the duration of a user’s visit to this website

PHPSESSID

This cookie is essential for functions such as forms that depend on visiting pages or taking actions in a particular sequence. It will be deleted when you close your browser, or after a period of inactivity. More information on sessions is available at: http://www.php.net/


Managing and blocking cookies

If you want to remove any cookies already set, you can do so from your browser. You can find out how to do this by going to the help menu in your browser or by visiting www.aboutcookies.org.uk or by searching the internet for other independent information on cookies. You can also block cookies from your browser. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of this website.

  1. Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

  1. Disclosures of your personal data

We may have to share your personal data with the parties set out below for the purposes set out in the table in clause 13 above:

  • to a third party if it acquires all or part of our business or assets in connection with the acquisition, or to a successor in interest in the unlikely event of our insolvency, winding up or liquidation;
  • if we are required to do so by applicable law and regulation or by any governmental, tax, regulatory body or law enforcement agency;
  • if you are represented by an agent, to your agent;
  • to any other person with your prior consent to do so;
  • government and law enforcement and prosecuting authorities;
  • courts and tribunals;
  • to train our staff to make them aware of how to handle personal information and how and when to report when something goes wrong;
  • companies that introduce you to us (such as financial advisers);
  • financial advisers;
  • investment fund administrators or shareholders;
  • agents, consultants and advisers. These can be specialist companies who advise us on ways to develop and improve our services and products. These can also be types of firms that help us to prevent, detect and reports unlawful acts and fraudulent behaviours, in particular with regards to financial crime;
  • third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

We may also share your personal information when we feel there is good reason that is more important than your privacy. If this is the case, we will make sure that we record what information we share and our reasons for doing so. We will let you know what we have done and why if we think it is safe to do so. This does not happen often but we may share your information:

  • in order to find or stop a crime or fraud; or
  • if there are serious risks to the public, our staff or to other professionals.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

  1. Transfers outside Ireland

The personal data we collect from you may be transferred to, and stored at, a destination outside Ireland. By submitting your personal data, you understand that your personal data may be transferred, stored or processed in the manner described in this privacy policy.

We will take all steps reasonably necessary to ensure that your data are treated securely and in accordance with this privacy policy as well as the requirement under applicable legislation. Unfortunately, the transmission of information via the internet is not completely secure.

We have put in place security procedures, such as passwords, plus other technical and organisational measures that we consider appropriate to safeguard your personal information and which are intended to guard against unauthorised or unlawful access to, alteration, disclosure or destruction of personal data and against accidental loss or destruction of or damage to personal data.

  1. International transfers

During the usual course of business, we do not transfer data outside of the European Economic Area (EEA). However, from time to time, personal data may be made available to our board members located temporarily or otherwise outside the EEA for management/internal administration purposes. Where personal data is provided to a board member who is located outside of the EEA, we will take every reasonable step to ensure that your personal data are processed with at least the same standards of data protection as those provided under the Data Protection Legislation, including by imposing specific obligations and requirements on the recipient.

This transfer of personal data is necessary: (i) in order to allow us to continue providing the information or services to you which you have requested; or (ii) pursuant to a contract between us. Such transfers will not include special category data (i.e. more sensitive personal data).

If you would like further information, please contact us. 

We do not share, sell or distribute your personal data with or to unrelated third parties except in order to provide you with the information or services which you have requested, or as provided in the following limited circumstance:

  • to other third parties who support our administration, payroll and beneficial ownership register, information technology or handle mailings or events on our behalf (our service providers);
  • to comply with a legal or regulatory requirement, or for the administration of justice;
  • where such disclosure is necessary in relation to a potential sale or merger of our business.

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

  • We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
  • Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.
  • Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

  1. Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

  1. Data retention

How long will you use my personal data for?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Such information may be retained after our client relationship has ceased, and for client identification purposes in accordance with our data retention procedures. You may ask us for further information on these.

To determine the appropriate retention period for personal data, we consider the amount, nature, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

By law, we have to keep basic information about our customers (including Contact, Identity) for 6 years after they cease being customers for tax purposes.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

  1. Your legal rights

Under certain circumstances, you have rights under the relevant data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:

  • right to rectification:

if your personal information is incorrect or incomplete any way, you may notify a person dealing with your matter and where inaccurate or incomplete, we will correct it without delay.

  • right of access:
  • you may request a confirmation from us that we are processing your personal data;
  • access your personal data held by us and request a copy (unless providing a copy adversely affects the rights and freedoms of others);
  • obtain certain information about how we process your personal data, categories of personal data processed, recipients or categories of recipients who receive personal data from us; and
  • how long we store your personal data for and the criteria we use to determine retention periods.

This applies to your personal information that is in both paper and electronic records. When we receive a request in writing, we will give you access to everything we have recorded about you. However, we cannot let you see any part of your record which contains:

  • confidential information about other people or
  • if we think that giving you the information may stop us or any law enforcement agency from preventing or detecting a crime.

If you cannot ask for your records in writing we will make sure there are other ways that you can ask for your information.

  • right to be informed:
  • how your personal data is being processed;
  • how long it will be stored for;
  • the legal basis for processing,
  • recipients (or categories of recipients) of your personal data; and
  • whether personal data must be provided under statute or for another reason and the consequences of not providing the personal data to ensure the fair and transparent processing of your personal data;
  • right to be forgotten

You have the right to ask us to delete your personal information for example where your personal information is no longer needed for the reason why it was collected in the first place or where you have withdrawn your consent for us to use your personal information and there is no legal obligation for us to use it. Where your personal information has been shared with others legally, we will use reasonable endeavours to make sure the 3rd party also deletes your data where you request this.

  • right to restrict processing under certain circumstances:
  • if you contest the accuracy of your personal data, we may restrict its processing, until we can verify its accuracy;
  • if the processing is unlawful;
  • if we no longer need to process your personal data, unless we still need your personal data for the establishment, exercise, or defence of legal claims; and
  • if you object to processing that relies on public interest or our (or third party’s) legitimate interest as the lawful processing ground.
  • right to data portability:
  • right to receive from us a copy of your personal data in commonly used and machine-readable format and store it for further use on a private device; and
  • right to transmit personal data to another third party; or have your personal data transmitted directly from one third party to another where technically possible.
  • right not to be subject of automated processing:

right not to be subject to automated decision-making, including profiling, which has legal or other significant effects on you. This does not apply when the automated decision is necessary for entering into or performing a contract with you; or it is authorised by EU or member state law applicable to us if the law requires suitable measures to safeguard your rights and freedoms and legitimate interests; or based on your explicit consent.

  • the right to object to processing:

you may object to direct marketing, including profiling related to direct marketing. We will stop processing your personal data once notified by you, except if we can demonstrate a compelling legitimate ground for processing the personal data that overrides your request; or processing is necessary to exercise or defend legal claims.

If you wish to exercise any of the rights set out above, please contact dpo@seilerninvest.com

  1. No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

  1. What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

  1. Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

  1. Glossary

LAWFUL BASIS

Legitimate Interest: means the interest of our business in conducting and managing our business to enable us to give you the best service and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract: means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation: means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

THIRD PARTIES

Third Parties

  • Service providers acting as processors based in the EEA and USA who provide Cloud computing data storage solutions.
  • Tax authorities, regulators and other authorities acting as processors or joint controllers based in Ireland who require reporting of processing activities in certain circumstances.