Privacy Notice for Residents of the European Economic Area
Why are we providing this notice?
The EU General Data Protection Regulation (“GDPR”) applies to:
- the processing (including collection and storage) of personal data undertaken by organisations with an establishment in the European Economic Area (“EEA”); and
- the processing of personal data relating to individuals who are in the EEA where the processing relates to offering goods or services to such individuals or where the processing relates to the monitoring of such individuals’ behaviour in the EEA.
This Privacy Notice applies to you if you are an individual in the EEA. It is only applicable to processing that is within the scope of the GDPR (e.g. because your personal data is processed in relation to services offered to you in a personal capacity).
“Personal data” means any information relating to you, such as your name and contact details, but does not include data where you can no longer be identified from it such as anonymised, aggregated data.
GQG Partners LLC (“we”, “us”, “our”) will be a data controller in respect of personal data about you that is collected through this website. A data controller is responsible for deciding the ways in which and purposes for which personal data about you is processed. We may process your personal data ourselves or through others acting as data processors on our behalf. GQG Partners LLC does not have an establishment in the EEA.
If you have any questions about this Privacy Notice, you can contact us or our EU representative using the details set out in the ‘Contact Us’ section below.
We may provide supplemental privacy notices 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 personal data. These supplemental notices should be read together with this Privacy Notice.
What information may we process about you?
If you contact us
If you contact us through our website or otherwise, you may provide personal data to us in the course of your correspondence with us. This may include, but is not necessarily limited to, your name, address, place of business, email address, other contact details, job title, correspondence records and your opinions. We also may generate personal data about you in connection with the correspondence, such as correspondence records and opinions.
The purposes for which we may collect, store and use such personal data about you and our ‘lawful basis’ for processing such data are set out in the table below. The GDPR specifies certain ‘lawful bases’ for which we are allowed to use your personal data where that processing is subject to the GDPR.
|Purpose||Lawful basis for processing|
|To correspond with you, respond to your enquiry or address matters raised by your correspondence.||Our legitimate interests in responding to or addressing your enquiry or otherwise communicating with you in the course of our business.|
If you register for GQG-issued credentials and use them to view information for institutional professionals
If you register to and view our institutional professional information, we may collect the following types of personal data: name, email address, phone number, company, title, user name and password. The purposes for which we may collect, store and use such personal data about you and our ‘lawful basis’ for processing such data are set out in the table below.
|Purpose||Lawful basis for processing|
|To provide information to you in a secure manner and to restrict access to sensitive information.||Our legitimate interests in limiting access to information to appropriate persons.|
|Purpose||Lawful basis for processing|
|To administer and maintain our website and record and monitor your use of our website (which may include analysing your use of our website).||Our legitimate interests in studying how our website is used, keeping our website updated and relevant, developing our business and informing our marketing strategy.|
In addition to the uses above, we also may process your information where required by law to do so or if we reasonably believe that it is necessary to protect our rights and/or to comply with judicial or regulatory proceedings, a court order or other legal process.
We also may process personal data for purposes other than those for which the personal data was originally collected (provided that such new purposes are not incompatible with the original purposes). Where this is the case, we will provide you with information about that further processing.
Special categories of personal data
There are more limited bases for processing special category personal data. This is personal data which reveals or contains racial or ethnic origin, political opinions, religious and philosophical beliefs, trade union membership, genetic data, biometric data, health data, sex life and sexual orientation.
We do not intend to actively collect special category data about you. Whilst we will use reasonable efforts to limit our holding of such data, please be aware that we may hold such data incidentally. For example, where you volunteer special category data to us, such as if you send us an email containing special category data.
What if you do not provide the personal data requested?
Unless and until you make a decision to engage in a business transaction with us (at which point we will send to you a copy of any relevant privacy notice) you are not required to provide us with any information. However, please note that our website may automatically collect certain technical data (further details information in this respect is set out in our Cookies Policy). We may not be able to grant you access to certain parts of our website if you do not provide certain personal data.
With whom will we share your information?
We may share your personal data with a third party where this is required by law or where we have another legitimate interest in doing so.
We may need to share your personal data with:
- other entities within our group as part of our regular reporting activities in company performance, in the context of a business reorganisation or group restructuring exercise, for assistance in relation to marketing and business development or in connection with the operation of group-wide functions and services;
- professional advisers, including lawyers, bankers, auditors and insurers to the extent such information is relevant to their performance of their services;
- regulators and government bodies;
- IT service providers (such as cloud services providers, IT consultants and software-as-a-service providers); and
- any of our service providers where such information is relevant to their performance of such services.
We may share your personal data with third parties, for example in the context of the possible sale or restructuring of the business. We also may need to share your personal data with a regulator or to otherwise comply with applicable law or judicial process or if we reasonably believe that disclosure is necessary to protection our rights and/or to comply with judicial or regulatory proceedings, a court order or other legal process.
Where your personal data may be processed
As we are domiciled in the USA, any personal data that we collect about you will be processed in the USA as our website is hosted here and also in order for us to correspond with you or otherwise provide the information you have requested.
We may transfer the personal data we collect about you to countries within the EEA, which the European Commission has determined offer an adequate level of protection in respect of personal data.
Where required by the GDPR, we will (or will require a processor to) put in place appropriate safeguards such as the standard contractual clauses approved by the European Commission. If you require further information about this, you can request it using the details set out in the ‘Contact Us’ section below.
How long will we retain your information?
We will retain your personal data for as long as necessary to fulfill the purposes for which it was collected, including for the purposes of satisfying any legal, regulatory, accounting or reporting requirements and our legitimate interests in maintaining such personal information in our records. In doing this, we will have regard to the amount, nature, and sensitivity of the personal data, 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. Generally, we will keep information relevant to our dealings with you for seven (7) years following the last date of activity.
In some circumstances, your personal data may be anonymised so that it can no longer be associated with you, in which case it is no longer personal data.
Once we no longer require your personal data for the purposes for which it was collected, we will securely destroy your personal data in accordance with applicable laws and regulations.
Accuracy of information
It is important that the personal data we hold about you is accurate and current. Please let us know if your personal data which we hold changes during your relationship with us.
Your rights in relation to your information
Where the processing of your personal data is within the scope of the GDPR, you have rights as an individual which you can exercise in relation to the information we hold about you under certain circumstances. These rights are to:
- request access to your personal data (commonly known as a “data subject access request”) and request certain information in relation to its processing;
- request rectification of your personal data;
- request the erasure of your personal data;
- request the restriction of processing of your personal data;
- object to the processing of your personal data;
- request the transfer of your personal data to another party.
If you want to exercise one of these rights please use the contact details set out in the ‘Contact Us’ section below.
You also have the right to make a complaint at any time to a supervisory authority for data protection issues.
You usually 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 for access is manifestly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
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 the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal data is not disclosed to any person who has no right to receive it.
Right to withdraw consent
In the limited circumstances where we may require your consent to process your personal data for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact us using the contact details listed below. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose(s) to which you originally consented unless we now have an alternative legal basis for doing so.
Changes to this Privacy Notice
Our practices with respect to personal data may vary from time to time and we may update this Privacy Notice at any time. The latest version of this Privacy Notice will be made available to you on our website. If we intend to process your personal data for a purpose other than the purposes referred to above, we will provide you with additional information about that purpose.
This Privacy Notice was written with brevity and clarity in mind and is not an exhaustive account of all aspects of our collection and use of personal data. If you require any further information, contact us using the following contact details: Compliance Officer, GQG Partners LLC 350 East Las Olas Boulevard Suite 1100, Fort Lauderdale, FL 33301 USA (+1 754-218-5500).
Alternatively, with respect to the GQG Global UCITS ICAV, you may contact its representative in the EU for data protection matters, using the following contact details: Company Secretary, GQG Global UCITS ICAV, 3 Georges Dock, IFSC, Dublin 01 X5X0 Ireland.