Plainview Funds PLC Privacy Notice
DATA PRIVACY STATEMENT Effective 5 November 2019
In accordance with the General Data Protection Regulation (697/2016/EU) (the “GDPR”) and applicable Irish data protection legislation (currently the Irish Data Protection Acts 1988 to 2003) (collectively, “Data Protection Legislation”) Plainview Funds Plc (the “Company”) being a data controller, must provide you with information on how the personal data that you provide as part of your subscription to shares in the Company will be processed by the Company, its service providers and delegates and their duly authorised agents and any of their respective related, associated or affiliated companies.
As a consequence of your investment, the Company acting as a data controller may itself (or through third parties including but not limited to State Street Fund Services (Ireland) Limited (the “Administrator”), State Street Custodial Services (Ireland) Limited (the “Depositary”), MacKay Shields LLC (the “Investment Advisor”) and MacKay Shields Europe Investment Management Limited (the “Manager”) together with any 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. In this regard, please note the following:
In certain circumstances, the Manager may itself use your personal data for its own purposes and as a result be considered a data controller of such data. In such circumstances, all rights afforded to you as a data subject under the GDPR shall be solely exercisable against the Manager.
Your personal data may also be transferred to the Administrator for its own purposes acting as a data controller.
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 Company will be collected, stored, disclosed, used and otherwise processed by the Service Providers on behalf of the Company for the purposes outlined in the table below.
- For the Company to enjoy the benefit of, enforce or defend its rights and perform its obligations in connection with the contract between the Company and you.
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 in the table below.
- Effectively managing and administering the Company’s Funds and the Manager’s business
- undertaking commercial and legal due diligence on you, in order to assess your activities and conditions in relation to your investment in the Company and the provision of the Manager’s services.
- monitor your accounts to prevent, investigate and/or report fraud, terrorism, misrepresentation, security incidents or crime, in accordance with applicable law.
- to use personal data in connection with legal claims, compliance, regulatory and investigative purposes as necessary (including disclosure of such information in connection with legal process or litigation).
- Assisting the Manager monitor, improve and protect their services and websites both offline and online.
- Using your personal data to carry out market research which the Manager believes will allow it to improve and/or tailor services to Shareholders and will assist the Company and the Manager to grow its assets under management.
Please note that where personal data is processed for purposes of legitimate interests, you have a right to object to such processing and the Company 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.
Profiling and Screening
The Company 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 the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 as may be amended or replaced from time to time and with UN, EU and other applicable sanctions regimes. The implementation of such PEP screening and financial sanctions screening programmes may result in the Company or its Service Providers refusing an application for Shares in the Company 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 programmes. 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 Company or its Service Providers. Such processing, which may reveal your political opinion, is considered lawful on the grounds of substantial public interest permitted under Article 9(2)(g) of the GDPR.
Undertaking in connection with other parties
By providing personal data to the Company, you undertake to disclose and be authorised to disclose to the Company 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 Company. 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.
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 Service Providers appointed by the Company and its or their duly appointed agents and any of related, associated or affiliated companies within the Manager’s 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 including, where relevant, the GDPR.
The Company and/or 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.
Transfers Abroad
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. These countries include the United States of America, Canada, China, India, the Philippines and Japan.
Where data transfers outside of the EEA take place, the Company and/or the relevant Service Provider are required to ensure that appropriate safeguards have been put in place to protect the privacy and integrity of such personal data, in particular the implementation of binding corporate rules between companies within the Manager’s group and/or ensuring the implementation of model contracts by the Service Providers, their affiliates and other relevant third parties to whom processing of personal data has been delegated. Please contact the mackayshieldsTA@statestreet.com should you wish to obtain information concerning such safeguards.
Data Retention Period
The Company and its appointed Service Providers will retain all information and documentation provided by you in relation to your investment in the Company for such period of time as the Company and its Service Providers believe it necessary or desirable to fulfil the requirements of any record retention policies, email retention practices or business purposes or to comply with applicable law, audit requirements, regulatory requests or orders from competent courts and 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.
Notwithstanding the above, the Manager will retain all information and documentation provided by you for such period of time as may be required by Irish legal and regulatory requirements and for as long as the Manager believes it necessary or desirable to fulfil the requirements of any record retention policies, email retention practices or business purposes or to comply with applicable law, audit requirements, regulatory requests or orders from competent courts.
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, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you carried out by the Company 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 Company or a Service Provider is processing personal data for legitimate interests.
Where you wish to exercise any of your data protection rights against the Company or against the Manager please contact us via the details provided below under “Contact Us”.
The Company 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 Company 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 Company and so that we can comply with the legal, regulatory and tax requirements referenced above. 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 Company.
Contact us
If you have any questions about the Company’s use of your personal information, please contact the Administrator at the following email address: mackayshieldsTA@statestreet.com
If you have any questions about the Manager’s use of your personal information, please contact Gianpaolo Schisano at the Manager at the following email address: Gianpaolo.Schisano@mackayshields.com
