This privacy notice (the Privacy Notice) informs you about the processing of your personal data (i.e data by which you may be directly or indirectly identified) as well as of your rights in accordance with the Data Protection Legislation and applies to you if you are (i) an investor being an individual, (ii) an individual related to an investor (such as a legal representative or a beneficial owner) in the context of your status of investors, and (iii) a member of the investment committee of the Partnership (as defined below).
“Data Protection Legislation” means any applicable law, statute, decree, legislative enactment, order regulation, rule or other binding instrument which implements Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 (the GDPR) as such legislation and guidance may be complemented, amended, replaced or repealed from time to time.
1. DATA CONTROLLERS
You are hereby informed and acknowledge that your personal data contained in the documentation and information that you or the investor to whom you are related provides in relation to the subscription of units in the Partnership (as defined below) or any sub-vehicle may be collected and processed in accordance with the provisions of this Privacy Notice and the Data Protection Legislation by:
GJL MANAGEMENT (LUX) S.À R.L. (hereinafter, the “Management Company”), a société à responsabilité limitée, organised under the laws of the Grand Duchy of Luxembourg, having its registered office at 28, boulevard d'Avranches, L-1160 Luxembourg, and acting for the account of in of GOODMAN JAPAN CORE FUND, established as a fonds commun de placement under the laws of the Grand Duchy of Luxembourg (hereinafter, the “AIF” or the “Partnership”).
If investors or related individuals have any questions or comments or want to exercise their rights, they may contact firstname.lastname@example.org. In addition, other entities involved in the management of your investment in the AIF may process personal data in their capacity as data controllers (for instance the Central Administrator). These processing activities are done under the sole responsibility of these independent data controllers and are governed by separate privacy notices.
2. WHAT PERSONAL DATA IS PROCESSED?
3. FOR WHAT PURPOSE IS PERSONAL DATA BEING PROCESSED?
Your Personal Data is processed, where such processing is necessary:
3.1 If you are an individual being an investor or an individual related to an investor, for the purposes of entering into or performing a contract with you or the investor you represent: this includes processing your Personal Data for the purpose of the provision of investor-related services including account administration, handling of orders, management of subscription, redemption and transfer of units, maintaining the register of investors and distributions, managing distributions including the allocations of profit and loss between investors, internal audit validations, communications and more generally performance of services requested by and operations in accordance with the instructions of the investor;
3.2 For compliance with legal and regulatory obligations: this includes processing your Personal Data for the purpose of compliance with applicable laws such as the applicable legislation on markets in financial instruments (MiFID), Know-Your-Customer (KYC) and Anti-Money Laundering and Combating the Financing of Terrorism (AML/CFT), legislation relating to sanctions or the prevention and detection of crime, complying with requests from, and requirements of, local or foreign regulatory or law enforcement authorities, tax identification and, as the case may be, reporting, notably under the act of 18 December 2015 concerning the automatic exchange of financial account information in tax matters implementing Council Directive 2011/16/EU on Administrative Cooperation in the field of Taxation (as amended by Council Directive 2014/107/EU), which notably aims at the implementation by financial institutions of reporting and due diligence rules which are fully consistent with those set out in OECD’s standard for automatic exchange of financial account information (commonly referred to as the “Common Reporting Standard” or CRS), the act of 24 July 2015 approving the Agreement between the Grand Duchy of Luxembourg and the Government of US in view to improve international tax compliance and relating to the dispositions of the United States of America concerning the exchange of information commonly called the "Foreign Account Tax and Compliance Act" (FATCA), as the afore mentioned laws may be modified from time to time, and any other automatic exchange of information (AEI) regimes to which we may be subject from time to time. Where required, such data will be shared with Luxembourg tax authorities and may be forwarded by the latter to foreign tax authorities. With respect to FATCA and/or CSR purposes, please note that (i) your Personal Data may be processed and transferred to the Luxembourg Direct Tax Authority who may transfer such data to the competent foreign tax authorities, including the US Internal Revenue Service or any other US competent authority, only for the purposes provided for in the FATCA and the CSR rules as well as to service providers for the purpose of effecting the reporting on our behalf and (ii) for each information request sent to the investors, addressing such information requests is mandatory and failure to respond may result in incorrect or double reporting;
3.3 For the purposes of legitimate interests: (a) as a business it is in our legitimate interests to process Personal Data for risk management and fraud prevention purposes, for the evaluation of the investor’s financial needs, monitoring the investor’s financial situation including for assessing its creditworthiness and solvency, to manage litigation, for accounting purposes or in case of a business reorganization, transfer, disposal, merger or acquisition. We may disclose your Personal Data to service providers for the purpose of effecting the processing on our behalf. We will use such information to the extent required for the exercise or defence of legal claims or for the protection of rights of another natural or legal person and (b) if your data was provided to us by the investor (especially where the investor is a legal entity), we also process Personal Data relating to you in our and the investor’s legitimate interest for the purpose of the provision of investor-related services including account administration, handling of orders, evaluation of the investor’s financial needs, monitoring the investor’s financial situation including for assessing its creditworthiness and solvency, management of subscription, redemption and transfer of units, maintaining the register of investors and distributions, managing distributions including the allocations of profit and loss between investors,
internal audit validations, communications and more generally performance of services requested by and operations in accordance with the instructions of the investor; and
3.4 Where no other legal basis is available, with your consent: this includes the use and further processing of your Personal Data with your explicit consent thereto (which consent may be withdrawn at any time, without affecting the lawfulness of processing based on consent before its withdrawal),
e.g. should we wish to send you marketing materials (about products and services of the group of companies to which Management Company belongs or those of its commercial partners), information about promotional offers or recommendations about services not linked to your investment in the Partnership.
4. WITH WHOM MAY PERSONAL DATA BE SHARED?
We share your Personal Data with selected third parties as set out above.
In some circumstances, the Management Company may also disclose your Personal Data to the following recipients:
(a) any third parties as may be required or authorized by law (including but not limited to public administrative bodies and local or foreign public and judicial authorities, including any competent regulators);
(b) any third parties acting on the Management Company’s behalf (such as service providers), including their respective advisers, auditors, delegates, agents and service providers;
(c) any subsidiary or affiliated company of the Management Company and/or the Goodman group;
(d) any of the Management Company’s shareholders, representatives, employees, advisers, agents, delegates, auditors and service providers;
(e) persons acting on behalf of investors, such as payment recipients, beneficiaries, account nominees, intermediaries, correspondent and agent banks, clearing houses, clearing or settlement systems, market counterparties, companies in which the investor has an interest, etc.; and
(f) parties involved in connection with any business reorganization, transfer, disposal, merger or acquisition on the level of the Management Company and/or the Goodman group.
5. WHERE IS PERSONAL DATA TRANSFERRED TO?
For the purposes listed above, your Personal Data will be transferred to any of the aforementioned recipients and service providers in any jurisdiction. Transfers of such data shall be made to countries located in or outside of the European Economic Area (the “EEA”). Certain countries in which recipients and data processors may be located and to which Personal Data may be transferred may not have the same level of protection of Personal Data as the one afforded in the European Union. Personal Data transferred to countries outside of the EEA will be protected by appropriate safeguards such as standard contractual clauses approved by the European Commission and you may obtain a copy of such safeguards by contacting us at the contact details set out in point 1 above.
In particular, Personal Data may be transferred to the following countries outside the EEA: Australia, Japan, U.S.A..
6. YOUR RIGHTS
6.1 Right to information, rectification, erasure and restriction of processing
You may request to obtain at no costs, within reasonable intervals, and in a timely manner, the communication of the Personal Data being processed, as well as all information on the origin of those data.
You also have the right to rectify your Personal Data held about you that is inaccurate.
In cases where the accuracy of the Personal Data is contested, the processing is unlawful, or where you have objected to the processing of your Personal Data, you may ask for the restriction of the processing of such Personal Data. This means that Personal Data will, with the exception of storage, only be processed with or for the establishment, exercise or defence of legal claims, for the protection of the rights of another natural or legal person or for reasons of important public interest of the European Union or of an EU Member State. In case a processing is restricted, you will be informed before the restriction of processing is lifted.
You may request the deletion of Personal Data held about you, without undue delay when the use or other processing of such Personal Data is no longer necessary for the purposes described above, and notably when consent relating to a specific processing has been withdrawn or where the processing is not or no longer lawful for other reasons.
6.2 Right to object
You may object to processing of your Personal Data which is based on the legitimate interests pursued by us or by a third party. In such a case we will no longer process your Personal Data unless we have compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
Your right to object is not bound to any formalities.
6.3 Right to withdraw consent
You have the right to withdraw your consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal. This also applies to any consent given before the coming into force of the GDPR on 25 May 2018. The withdrawal only affects future processing.
6.4 Right to data portability
Where the processing of your Personal Data is based on consent or the execution of a contract with you, you also have the right to data portability for information you provided to us – this means that you can obtain a copy of your data in a commonly use electronic format so that you can manage and transmit it to another data controller.
6.5 Right to lodge a complaint
You can exercise your rights any time by contacting us at the contact details set out in point 1 above.
In the event that you wish to make a complaint about how we process your Personal Data, please contact us in the first instance at the email address indicated above and we will endeavour to deal with your request as soon as possible. This is without prejudice to your right to file a complaint with the Luxembourg data protection authority, the Commission nationale pour la protection des données, or
another European data protection authority (e.g. in your country of residence), in the event you have concerns on the processing of your Personal Data.
7. FOR HOW LONG IS PERSONAL DATA RETAINED?
We will retain your Personal Data for 10 years after the closing of the end of the financial year to which they relate or any longer period as may be imposed or permitted by law, in consideration of the purposes for which they have been collected and the legal limitation periods (including for litigation purposes). If any relevant legal claims are brought, the Management Company may continue to process the Personal Data for such additional periods as necessary in connection with such claims.
Personal Data processed for AML and KYC purposes will be retained for 10 years after the end of the contract with the investor.
8. DO I HAVE THE OBLIGATION TO PROVIDE THE DATA?
The Personal Data that is required for the performance of the contract with the investor and that is required for the Management Company to comply with their legal obligations is mandatory information. Without the provision of this Personal Data, the entering into or continuance of the execution of the contract with the investor may not be possible.
9. AMENDMENT OF THIS PRIVACY NOTICE
We may amend this Privacy Notice from time to time to ensure that you are fully informed about all processing activities and our compliance with applicable Data Protection Legislation. Changes to this Privacy Notice will be brought to your knowledge by appropriate means.