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  • Privacy

    This statement details the Kames Capital policy on Data Protection and Privacy.

  •  

    1. Protecting your personal data                                                                                           

    At Kames Capital plc (“Kames”) we are committed to protecting and respecting your privacy.

    Our aim is to be transparent about how we deal with personal data. This privacy statement details how Kames, and other entities in Aegon Asset Management, appointed suppliers and the Aegon group of companies process your personal data.

    You can print this privacy statement by right-clicking on the page and selecting Print.

    2. Scope                                                            

    This privacy statement applies to the processing by Kames of all personal data relating to (potential) customers, suppliers and business partners as well as physical and electronic visitors.  

    3. Controller for the processing of your personal data

    Kames, (SC113505) having its registered office at Kames House, 3 Lochside Crescent, Edinburgh, EH12 9SA, is the data controller or data processor for the processing of all personal data within the scope of this privacy statement. We are part of Aegon Asset Management, the asset management arm of Aegon, a global life insurance, pensions and asset management company.

    As a consequence of your investment in a fund there may also be times where an appointed fund administrator (or any of their affiliates, agents, employees, delegates or sub-contractors) may act as an independent data controller in respect of your personal information.

    4. Contact us

    If you have any questions about this privacy statement or the information we collect about you, please contact our Data Protection Officer:

    Kames Capital plc
    Attn. Data Protection Officer
    Kames House
    3 Lochside Crescent
    Edinburgh
    EH12 9SA

    Phone Customer services: 0800 169 0101

    Email Data Protection Officer: kamesdataprotection@kamescapital.com

    For information about how Kames Capital Investment Company (Ireland) plc processes your information follow this link: www.kamescapital.com/VCIC_privacy

    For information on about how Kames Capital QIF processes your information follow this link: www.kamescapital.com/qif_privacy

     

    • 5. How and why we obtain personal information about you

      You or someone representing you, for example a financial advisor, an employer or the business you work for, may give us information about you by completing forms (both physical and electronic visitors), concluding contractual arrangements or by contacting us by phone, email or otherwise. We may also receive your personal information from a third party where they have obtained your consent to share such information. Alternatively you will have provided the information to us directly.

      For the processing activities described below, the personal data that is gathered and used may include:

      - Full name
      - Title
      - Address including post code
      - Phone number
      - E-mail address (personal and/or business)
      - Date of birth
      - Kames account number or other Kames identifier, whether for internal or external use
      - Information about your contact with us e.g. emails / letters, meetings and phone calls
      - Information captured if you visit one of our offices e.g. CCTV images
      - Cookie information collected automatically when you visit one of our websites. Further information is available in our cookie policy.

      Where sensitive personal data is collected and processed as part of any of the activities noted in this privacy statement, this will be stated in the relevant processing descriptions. Sensitive personal data processed may include the following:
      - Copy of identification document (e.g. Passport, ID card, utility bill)
      - National Insurance number or social security number

      When collecting and processing personal data, Kames will only process the minimum amount of personal data relevant to the specific purpose it is collected for. Kames will only use the data in-line with the original purpose (stated below) or a further purpose deemed sufficiently similar and likely to be in line with your expectations.

      Conducting checks and assessments prior to doing business

      This will include Anti-Money Laundering checks as well as screening personal data against known sanctions and politically exposed persons (“PEP”) lists. This processing is conducted in order to detect and prevent financial crime. It is also necessary for us to meet our legal and regulatory obligations as a company. We, and/or our transfer agency, conduct the screening check automatically using third party systems provided by FinScan, CitiScreening and WorldCheck which compares personal data against a number of official sanctions lists and PEP lists. The results of this check will be considered by a member of our, or the transfer agency, staff in determining whether we can proceed with conducting business/providing a service or not.

      This processing may require the collecting and sharing of (sensitive) personal data including copies of identification documents, with other entities within Aegon Asset Management, the Aegon group of companies and appointed suppliers and their appropriate affiliates. Data may also need to be shared with supervisory authorities in certain circumstances.

      Automated decisions

      Sometimes we use systems to make automated decisions based on personal information we have - or are allowed to collect and use from others – about you. These automated decisions can affect the products, services or features we offer you. We use automated decisions in the following ways: Tailoring products and services e.g. placing you in groups with similar customers to make decisions about the products and services we may offer you to help meet your needs; and when undertaking anti-money laundering checks and processes.

      The administration of the service we have agreed to provide

      This includes processing your instructions and account transactions, settling those transactions, assessing investments, managing investment portfolios, monitoring investment portfolios and managing risks associated with an account or product, including areas of regulatory compliance. This processing is imperative to us providing the requested service and executing the agreement between us.

      Servicing our customers and prospective customers

      This includes managing existing and prospective customer relationships, handling complaints, managing any incidents/issues encountered, providing account reporting, detecting fraud and providing online services including our websites. This processing is required in order for us to provide the service agreed under our agreement and ensure the integrity of any account you have with us. Customer relationships may be maintained by phone, mail, e-mail and fax where appropriate.

      In order to develop our products and services

      This includes reviewing our existing offering of products and services, making required improvements and launching new products/services. Personal data may also be processed when we develop our appropriate business strategies and systems internally. Where these processes include personal information they are conducted in the legitimate interest of Kames to ensure we provide the best products and services for our customers. We are committed to ensuring that the impact to the data subjects involved is minimal, the approach adopted is reasonable and that the least intrusive approach is followed. The data may be shared with other entities within Aegon Asset Management, appointed suppliers and the Aegon group of companies. More information can be found in the section titled 'Sharing your personal data’.

      Managing third party and supplier relationships.

      Personal data may be processed in order to obtain services provided by a third party company, to manage the relationship between the companies (including where they act as our data processor) and reporting and performance analysis on these relationships. These processes may also require sharing personal information with other entities within Aegon Asset Management, appointed suppliers and the Aegon group of companies as well as consulting publicly available records. These processes are conducted to ensure appropriate execution of the agreement between the parties and between us and our customers, as well as being in the legitimate interests of Kames to be able to utilise third party services when providing its products and services to customers in the best way possible.

      Where appropriate, these processes may include the use of any sensitive data provided on copies of ID documents.

      More information can be found in the section titled 'Sharing your personal data’.

      Internal management reporting and support functions

      Including the provision of legal and regulatory support and advice (both internal and external), auditing, accounting, strategy development and providing and maintaining IT solutions. Most of these processes are conducted in order to execute activities vital to the internal management of our business and are imperative to the performance of our agreements with customers and suppliers, however some will be conducted in order to meet our legitimate interests as a company. Where this is the case we are committed to ensuring that the impact to the data subjects involved is minimal, the approach adopted is reasonable and that the least intrusive approach is followed. Others will be conducted in order to fulfil a legal or regulatory obligation. Personal data may be shared with other entities within Aegon Asset Management and the Aegon group of companies, including Aegon Global Technology.

      More information can be found in the section titled 'Sharing your personal data’.

      Managing relationships with governments and supervisory authorities

      This includes responding to requests and providing regular and ad hoc reporting. These processes are conducted in order to fulfil legal and regulatory obligations of the company. Where personal data, including sensitive personal data, needs to be processed in order to fulfil these obligations it will be in line with this privacy statement including when processing involves third parties and entities within Aegon Asset Management, appointed suppliers and the Aegon group of companies.

      More information can be found in the section titled 'Sharing your personal data’.

      Marketing to our customers and prospects

      This will include the execution and analysis of marketing campaigns and strategies, promoting products and services provided by Kames and affiliated Aegon Asset Management companies and brands, running and contributing to promotional events and the use of ad hoc competitions and promotions.

      We may use the personal data we have to send you marketing information and news about our products and services that may be of interest to you, unless you have opted out of marketing.

      Your personal data will only be shared with external third parties for marketing purposes where you have agreed to do so. We will never sell your personal information to other organisations for marketing purposes.

      We may conduct marketing with our business partners based on our legitimate interest to share product and service information with them in order for them to take it into account when providing a related service. When doing this we will ensure that the least intrusive method is used and that we feel the recipient would reasonably expect to receive marketing of this type. Business partners will be able to opt out of marketing from us at any point and this will be respected.

      Marketing communications will be conducted using various channels such as mail, phone and email.

      Please remember that you can withdraw your consent at any time by contacting us (see section 'Your Rights').

      The withdrawal of consent to specific processing of personal data, including for the purposes of marketing, does not affect the processing based on consent before the withdrawal. It will also not affect the provision of other products and services unrelated to the process for which you have withdrawn consent.

      We may conduct marketing related analytics which includes the processing of personal data based on our legitimate interest to ensure we provide customers with appropriate marketing information that is relevant to them. When doing this we will ensure that aggregated information is used where possible and where personal data is processed the least intrusive method is used and that we feel the recipient would reasonably expect this type of processing. Data subjects may object to this at any time by contacting us. This analytics may include additional (personal) information obtained from third parties where we consider the use of this data fair and legal.

      • 6. Being in contact with Kames

        In order to conduct the processing activities stated in this statement and allow us to verify the content of calls, telephone lines are recorded whenever you contact or are contacted by a member of our Investment and Portfolio Management team, Sales and Account management team. This will be conducted using the same legal basis as confirmed for the specific processing activity unless stated otherwise.

        All emails sent to any member of staff at Kames will be retained and may be monitored in order to complete the respective processing activities or achieve the processing purposes stated in this statement. All Bloomberg chat conducted with staff of Kames is also monitored to meet these and other regulatory requirements. Only the appropriate staff members are authorised to monitor or review email or message content in line with their job role.

        • 7. Cookies

          We also collect information through the use of cookies. Cookies are small files of information which save and retrieve information about your visit to this website – for example, how you entered our site, how you navigated through the site, and what information was of interest of you. Read more about how we use cookies in our Cookie Policy

        • 8. Sharing your personal data

          8.1 Sharing your personal data within the Aegon group

          As a global organization, personal data we collect may be transferred throughout Aegon’s worldwide organization (meaning all subsidiaries and affiliates of Aegon N.V.), including the Aegon Asset Management group (the entities within the Aegon group that are responsible for asset management activities) including Kames Capital PLC, Aegon Investment Management B.V.(including where trading as TKP Investments)., Aegon Magyarország Befektetési Alapkezelő Zártkörűen Működő Részvénytársaság (Aegon Asset Management Central and Eastern Europe), Aegon Asset Management Pan Europe B.V., Aegon Asset Management Value Hub B.V., Aegon Asset Management (Asia) Limited, Aegon USA Investment Management LLC and Aegon USA Realty Advisors LLC.

          We share your data for the purposes mentioned in this statement and to have a complete overview of our contacts and contracts within the Aegon group. We may also share your data in order to offer you a complete package of services and products. This will be handled in line with the description above on how we provide marketing to customers and prospects. When sharing data within the Aegon group of companies this will be conducted in line with applicable regulatory requirements and we will ensure the appropriate technical and organisational measures are in place.

          If your personal data is transferred within the Aegon group to a country where the local regulation does not reach the EU adequate level of protection of personal data Kames will take measures to ensure that your personal data is adequately protected, such as entering into EU standard Contractual Clauses with these parties.

          Kames employees are authorized to access personal data only to the extent necessary to perform their job.

          8.2 Sharing your personal data with third parties

          We work with carefully selected providers that carry out certain functions on our behalf. In addition we will cooperate with relevant authorities. The following types of third parties have or could be granted access to your personal data where relevant for the processing described above:

          • Governments
          • Supervisory authorities – including the Financial Conduct Authority, HMRC, Financial Ombudsman Service, Information Commissioners Office (ICO)
          • Banks • Technology suppliers, research and consultancy – including Fishtank
          • Client Relationship Management tool provider – including Salesforce • Accountants
          • Transfer Agencies – including Citibank NA and Northern Trust
          • Auditors
          • External legal counsel
          • Storage facilities – including Iron Mountain
          • Credit Agencies and Reference Agencies
          • Your advisor or employer
          • Mailing houses, email providers and event organisers

          When third parties are given access to your personal data Kames will do so in accordance with our obligations to keep information safe and secure. In some situations, for example anti-money laundering checks, the transfer agencies may be acting as data controller. In this situation the transfer agency will determine the means for processing personal data and will provide a data privacy statement/notice.

          In other cases, your personal data will not be supplied to third parties, except:
          • to the extent that we are required to do so by law, by a government body or by a law enforcement agency, or for crime prevention purposes (including financial crime protection and credit risk reduction);
          • when protecting your interests or the interests of other individuals or for reasons of substantial public interest;
          • in connection with any legal proceedings (including prospective legal proceedings);
          • in order to establish or defend our legal rights;
          • in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets and for the purposes of effecting any sale or purchase; or
          • if we, or substantially all of our assets, are acquired by a third party, we may disclose your personal data to that third party in connection with the acquisition.

          8.3 The use of your personal data by data processors

          When a third party acts on our instructions to process your personal data it acts as a data processor. We enter into an agreement with the data processor concerning the processing of personal data. We include obligations to safeguard that your personal data is solely provided to the data processor to provide specific services to us and the data is afforded a sufficient level of protection.

        • 9. Retention of personal data

          We will keep your personal data only as long as necessary to complete the purpose of processing stated in this Privacy Statement, including where data is shared with third parties. In addition, we will keep your personal information where we have legitimate interest for marketing purposes while you are a prospective customer. We will also keep personal data following conclusion of our relationship to comply with our legal and regulatory obligations (generally for between 6-8 years). We review the retention periods to ensure regulatory compliance and timelines regularly.

        • 10. Security

          We are committed to ensuring your information is protected and held securely.

          Kames has implemented functional, technical, physical and organizational safeguards to protect the personal data that we hold to minimise:

          • unauthorised access and alteration;
          • improper disclosure; and
          • accidental or unlawful destruction or loss.

          We have information security policies, staff training and secure servers.All our employees and service providers who have access to personal information are obliged to protect it and keep it confidential.

          In the event that a data breach results in there being a high risk to your personal rights and freedoms we will contact you in accordance with our data breach principles.

        • 11. Your rights

          You, as a data subject, have a number of rights including:

          • The right to receive clear and understandable information on what we do with your personal information – we will do this in this privacy statement;
          • the right to request a copy of the personal data we hold on you. In most cases this will be free of charge however in some limited circumstances for example, repeated requests for further copies we may apply an administration fee;
          • the right to have any inaccurate or incomplete personal data corrected;
          • the right to have any personal data deleted once there is no business need or legal requirement for us to hold it;
          • the right to object or restrict some processing where we do not have other legitimate grounds for processing;
          • the right to withdraw your consent to receive marketing material. We will only send you marketing material where you have given us your consent to do so or where we believe there is a legitimate reason for doing so. You can withdraw your consent at any time;
          • the right to have personal data that you provided us with transferred to another service provider in certain scenarios; and
          • the right to ask for a decision to be made manually, where a decision is made using automated means and this adversely impacts you.

          To exercise any of these rights, please contact kamesdataprotection@kamescapital.com

          When requesting to exercise your rights, we will take into account other obligations of Kames as well as the rights of other data subjects. As a result, there is a chance that your request may be partially fulfilled or in limited circumstances rejected. If this is the case an explanation will be provided to you.

        • 12. Your California Privacy Rights

          California law establishes additional privacy-related rights and obligations beyond those described above. If you are a California resident, please refer to our California Consumer Privacy Act Disclosure & Statement of Rights for more information.

        • 13. Changes to this disclosure

          We will update this privacy statement from time to time and notify you of any significant changes. This privacy statement was last updated on 1 January 2020.

        • 14. How to make a complaint

          If you believe we have not processed your personal data in accordance with our data protection obligations you can make a complaint to us by contacting kamesdataprotection@kamescapital.com. If you are not satisfied with our response, you can raise a complaint with the Information Commissioners Office (https://ico.org.uk) the independent authority set up to enforce the data protection regulations.