Privacy notice

Who we are

Ninety One is committed to protecting the information we hold about you. This notice applies to all of the companies making up Ninety One. In this notice, we refer to ourselves collectively as ‘Ninety One’, ‘we’, ‘us’ and ‘our’.

The name of the specific Ninety One company which processes your personal information, will depend on which of our fund ranges you invest into. We’ll let you know which company you have a relationship with when you invest into one of our funds.

More information on the companies making up Ninety One is provided in Part B and you can find out more at ninetyone.com.

This notice provides you with information about how, when, and why we use your personal information and how we keep it secure. It also sets out your rights under law, our responsibilities to you and how you can contact us.

If you are interested in a career at Ninety One, please review our Applicant Privacy Notice.

This notice concerns any information that we collect in the following ways:

Information we receive through our website ninetyone.com (the ‘Ninety One Website’), where applicable. Additional details of the information we receive through the Ninety One Website is set out in Part A of this notice; and
Information we receive as a result of the products and services that we offer, including through our related support, mobile or cloud-based services.

Should you have any questions about who we are, or what we do with your personal information, please contact us using the information provided in Part B.

Part A - General Information

Information about other people.

If you provide us with personal information about other people – such as a joint applicant or your dependents - you must show this privacy notice to them, and you must ensure that you have their consent to provide their personal information to us.

Information we hold about you
A description of the types of personal information about you that we collect, use, process and share.

Where we get our information about you
Details of information which you give to us, which we gather ourselves and which we seek from third parties.

How we use information about you and why
A description of what we use your personal information for, why we use it and why we are allowed to use it.

Whether you have to provide personal information
An explanation of whether you have to provide personal information to us and what happens if you do not.

When we share your information with others
Information about third parties that we share your information with.

Where we transfer your data
A notification that your information is transmitted and processed outside the United Kingdom and European Economic Area.

How long we will keep your information
A summary of the circumstances in which we can keep your information

Your rights (‘ data subject’ rights)
A summary of your general rights over personal information. Please note that these do not always apply.

Ninety One Website and other websites
Information about the Ninety One Website and the information we collect.

Future changes to this privacy notice
A notification that the privacy notice can change and that we will update you about changes.

Part B - Contact Information

How you can contact us
The information you need to get in touch.

Your local Data Protection Regulator
Information about your local Data Protection Regulator and how you can contact them.

Part A.

Personal Information we hold about you

As with other financial institutions, we collect personal information about you.

Most of this information is necessary for us to comply with our legal obligations, to enter into a contract with you, or for legitimate business purposes.

When you apply to become a client or investor, and during the course of our dealings with you, we will collect some personal information about you. This includes what you tell us about yourself and what we learn by having you as a customer. Whether this collection is mandatory, or voluntary, will depend on the reason why we are collecting your personal information. For example, if you want to become a client or investor of ours, we require certain mandatory information from you to be able to add you to the relevant register of the product you subscribe to. If you refuse or fail to supply this information we will not be able to enter into a business relationship with you. However, if you voluntarily contact us about our funds and you are not a client or investor, you are in control of what information you volunteer and which is subsequently collected by us.

We have set out below a description of the types of personal information about you which we will collect and process in different situations when you interact with us.

01. Personal information that we generally process regardless of how you contact us, or for whatever reason, includes:

your title, full name, your contact details, including for instance your email address, home and mobile telephone numbers; and/or
your home address, correspondence address (where different from your home address) and address history.

02. If you submit an application to become a client or investor or are already one, in addition to the above personal information, we may collect the following from you:

your date of birth and/or age;
financial information, including your bank account information, the amount you are looking to invest, and any monthly payments you may wish to make, your investment selection(s) and your bank details for any relevant income or redemption payments to be made;
proof of identification in the form of copies of your passport, driving licence or other identity documents like utilities bills (unless you are a UK resident who has passed our electronic verification checks);
personal information and contact information which you provide in correspondence with us, whether by email, written letter, or telephone call or through our online enquiry system (this will be information volunteered by you, it could include the reasons why you have decided to invest, or where your investment money has come from, by way of example); and/or
information relating to your use of our service, any other Ninety One products and services you currently have, you have applied for or you have previously held.

03. When you interact with the Ninety One Website, in addition to the above personal information, we may collect the following from you:

where you have an Indicator account, financial information such as portfolio and account numbers, as well as your login information, including your username and password;
where you submit an application for employment, such information may include education and qualification details, training and professional memberships and accreditations, date of birth; and/or
technical information about the products and services that you use, and how you use them. For more information see ‘Ninety One Website and other websites’ section.

04. In addition to the above, we collect the following information from you when required:

to comply with our legal and regulatory requirements, your tax residency and/or nationality;
for anti-money laundering purposes, personal information which we obtain from identity verification agencies (see the section on ‘Identity Verification Agencies’ below);
for regulatory compliance purposes relevant to specific products and/or services, information about your employment status (including whether you are employed, retired or receive benefits) and regarding the source of your wealth; and/or
to secure your online valuation facility, the answers to security verification questions, and/or your username.

Where we get your personal information from

We may have information about you that you did not provide to us yourself.

In relation to the categories of personal information described above, we collect personal information in the following ways:

Information that you provide to us.

We typically collect the personal information directly from you as part of our client /investor on-boarding process when you complete an application form and provide proof of your identity. Additionally, we collect personal information from you when you correspond with us (whether by telephone, e-mail, or through the Ninety One Website) or complete a request for a product or service. The nature of our relationship with you will determine the kind of personal information we might ask for.

Information that we collect or generate about you.

We will continue to collect additional personal information that we learn about you during the course of providing our products and services, such as:

the way you use our online services; and/or
information which you provide in correspondence to us (whether by telephone, e-mail, or through the Ninety One Website), including contact history.

Information that we obtain from other sources.

Sometimes we collect additional information about you from third parties. Specifically, we will obtain information about you from:

agencies who we use to monitor and prevent money-laundering;
agencies that provide us with background checking services; and/or
a third party who you have appointed to deal with your investments on your behalf (such as an investment advisor or wealth manager).

How we use your personal information and why

We need to use some personal information to provide you with our service and to fulfil our contract with you.

We mainly use the personal information we hold about you where it is necessary for us to perform our contract with you and/or to enable us to comply with legal obligations. Your personal information will also be used when it is in our legitimate interest. A legitimate interest is when we (and sometimes third parties) have a business or commercial reason to use your information. But even then, our legitimate interest must not unfairly go against what is right and best for you.

Each of these categories is a ‘legal basis’ that allows us to process your information under data protection law. We have provided further information below about what this actually means, in terms of how we process, or the purposes for processing your personal information relevant to each legal basis.

We need to use some personal information to provide you with our service and to fulfil our contract with you

to communicate with you about your investment(s), product or service (i.e. periodic statements), to verify that your instructions are genuine and to process them accordingly;
to enable us to process your subscription, switch, conversion or redemption instruction, and to enable payments to be made or, if relevant, currency to be converted for you;
to notify you about changes to your investment(s) (such as a change of name, or amendments to the investment policy of a fund), or to allow you to exercise rights in relation to your investment(s) (such as voting rights), to evidence your ownership of an investment;
to recover any money amount owed to us;
to investigate and deal with complaints or disputes;
to contact you when we have updated this Privacy Notice and consider that it is necessary to advise you about any changes to the way we are processing your personal information;
to transfer your personal information to any third party who replaces a Ninety One company as a provider of services to you; and/or
to share your personal information with third parties (such as our service provider who assists us administer or process transactions on our behalf) if required for the management of your product or service.

Use of your information is necessary for us to comply with our legal obligations

We need to use some personal information to comply with legal obligations.

to verify your identity and to carry out regulatory checks (such as anti-money laundering and identity verification checks);
to enable a register of investors to be maintained;
to contact you with notices about your investments and to organise extraordinary general meetings of the funds;
determining the outcome of investor votes (such as the verification and counting of proxy cards);
to detect, prevent and/or investigate fraud, money laundering and other financial crimes;
to comply with audit requests from our auditor; or the auditor or depositary of the fund you invest into (if we are not able to anonymise/redact information);
to combat and maintain controls in respect of late trading and market timing practices;
to ensure you are eligible for a product (such as an ISA);
to verify the adequacy of your income, net worth or investment experience (e.g. if you request to be categorised as a professional investor). Please note, this is not necessary for all investors, and only applies in specific situations and for specific products and/or services;
to comply with requests made by you when exercising your legal rights (such as those contained within this Privacy Notice);
recording incoming and outgoing calls for regulatory purposes;
to carry out monitoring of trades and transactions for continued compliance with our regulatory obligations (such as anti-money laundering) and to keep records of the transactions we’ve undertaken;
when, to achieve the above purposes, we share your personal information with the following categories of individuals or organisations:
- law enforcement agencies and governmental and regulatory bodies such as tax authorities, financial regulators/ombudsmen and non-financial regulators (depending on the circumstances of the sharing); and/or
- courts and to other organisations where it is necessary for the administration of justice, to protect vital interests and to protect the security or integrity of our business operations.

Use of your information which is necessary to pursue our ‘legitimate interests’

We are allowed to use your personal information to pursue our own interests as long as your fundamental interests do not override these.

This will include processing which, on balance, we consider is in our legitimate interests and which do not cause you undue prejudice. Our legitimate interests which are applicable to our processing of your personal information include:

identification verification, and any anti-fraud, anti-money laundering and such other checks to confirm your identity and to ensure that the investments which we handle for you are done in compliance with our legal obligations;
recording incoming and outgoing calls for training, monitoring, and security purposes, as well as to keep an accurate record of any instructions received from you in relation to your investments;
administering and managing your account(s) and services relating to that, updating your records, tracing your whereabouts to contact you about your account;
to adhere to guidance and best practice under the regimes of governmental and regulatory bodies such as tax authorities, financial regulators/ombudsmen and non-financial regulators;
for management and audit of our business operations including accounting;
reviewing and improving the information provided on the Ninety One Website to ensure is it user friendly and to prevent any potential disruptions or cyber-attacks;
conducting analysis required to detect malicious data and understand how this may affect your IT system;
for statistical monitoring and analysis of current attacks on devices and systems and for the on-going adaptation of the solutions provided to secure devices and systems against current attacks;
to carry out searches at identity verification agencies pre-application, at the application stage, and periodically after that;
to determine the target market for our existing and future products (e.g. determining whether a product is meeting the needs of investors);
to contact you when we have updated this Privacy Notice and consider that it is necessary to advise you about any changes to the way we are processing your personal information;
when, to achieve the above purposes, we share your personal information with the following categories of individuals or organisations:
- members of our Group;
- our legal and other professional advisors, auditors;
- governmental and regulatory bodies such as tax authorities, financial regulators/ombudsmen and non-financial regulators (depending on the circumstances of the sharing);
- tax authorities who are overseas for instance if you are subject to tax in a different jurisdiction to the fund, we may share your personal information directly with relevant tax authorities (instead of through the local authority);
- other organisations and businesses who provide services to us under contract such as agents that recover money owed to us, back up and server hosting providers, IT software and maintenance providers, document storage providers and suppliers of other back office functions;
- buyers or successor managers of a fund and their professional representatives as part of any restructuring or sale of our business or assets;
- identity verification agencies (see below for more information); and/or
- market research organisations who help us to develop and improve our products and services

(Should you have any questions about the above listed categories of people and/or organisations, please contact us using the contact information provided in this Privacy Notice.)

If you have further questions about the third parties we share your personal information with, please contact us. The relevant details are set out in Part B.

Use of your personal information with your consent

Where we are relying on your consent to process your personal information, you are entitled to withdraw your consent at any time.

However, as noted above, we are usually processing your personal information based on another reason, in which case withdrawing your consent will not change how we process your personal information.

If you wish to withdraw your consent you may do so by contacting us using the information in Part B.

Unlike the uses described above, sometimes we rely on your consent to use your personal information. We will rely on your consent:

when you request that we share your personal information with someone else and consent to that (for example if you engage the services of a professional advisor after you have become a client or investor of ours and request that we provide information about your account to that professional advisor);
where you have submitted an application for employment on the Ninety One Website, to process your application;
where you have opted-in to receiving marketing communications (and have not subsequently opted-out or requested to be removed from any marketing list); and/or
when you volunteer information to us in correspondence, which information we need in order to respond to your enquiry, and only where lawful to do so.

You have the right to withdraw your consent at any time – the contact information is given in Part B. Please note, if you do withdraw your consent, this will mean that we will stop similar future processing. However, the withdrawal of your consent will not invalidate any processing which we previously undertook before you withdrew your consent.

Please note that, where we rely on another lawful reason to process your personal information which does not require your consent, withdrawing your consent will not affect that processing. This is the case where the processing is necessary for our performing our contract with you, or where we must process your personal information to comply with law, as described above. We will continue to process your personal information for those lawful purposes notwithstanding the fact that you have withdrawn your consent for one of the above listed purposes that requires your consent.

Whether you have to provide personal information

If you want to use our services, there is some information which you will be required to provide to us either because of legal requirements, or because we need that information to provide our services to you.

We are required to collect some personal information by law and regulation. For example, we are required to verify your identify before we can accept any applications.

In other cases we need the information in order to provide our service to you. For example, we need your bank account information to send you the proceeds of your investments.

We will tell you when the personal information requested is mandatory, or if it is voluntary. If you do not provide that personal information that is mandatory, we will be unable to properly provide you with the services and/or perform all obligations under our agreement with you.

Where you choose not to provide us voluntary personal information this may reduce the quality of service we are able to provide (for example, if you only provide us your postal address and do not provide us with your e-mail address, we will only be able to contact you by postal mail).

Will we share your personal information with others

Your personal information will be shared with other businesses, regulators and authorities.

If you have further questions about the third parties we share your personal information with, please contact us using the details in Part B.

Yes, there are times when we are either mandated by law to disclose your personal information to third parties (such as Tax authorities). In addition, where we or a fund contracts third parties to help us run our business or fulfil the operation of the fund, we will also disclose your personal information to those third parties, but always subject to appropriate contracts and safeguards.

We will never sell, rent or trade your personal information.

We will share your information with others who have a duty to keep it secure and confidential, and where we have a lawful reason for doing so, as explained above. The categories of organisations that we will share your information with are:

other Ninety One companies;
our or the fund’s service providers, agents and sub-contractors who administer or process information on our behalf (such as a fund’s transfer agent, registrar, paying agent, representative, facilities agent, auditor, depositary, custodian, investment manager, sub-investment manager and global distributor (if relevant));
professional advisors, such as lawyers, accountants, actuaries; and/or
anyone we transfer our rights and duties to – e.g. if we restructure or sell our business.

We can also share your information with UK and overseas regulators and authorities in connection with their duties (such as crime prevention), and/or in connection with our compliance with legal and/or regulatory obligations.

In some markets where the funds invest, we are required to share information on substantial investors with the market / local exchanges / regulators for market transparency. This information may become publically available.

We cannot control all use of your information by third parties (especially where they are not our service providers and under contract with us, for example personal information shared with regulators). As such, where your personal information has been shared with another data controller entity, you will have rights over how that third party handles your personal information and you can and should contact those parties directly if you want to exercise your rights in relation to those third party’s uses of your personal information.

Your personal information will be shared with credit reference agencies for anti-money laundering and identity checks.

These credit reference agencies have their own Privacy Notice applicable to the searches they carry out which can be found at: www.experian.co.uk/crain

Sharing with identity verification agencies

In order to become a client or investor of ours, we will perform identity checks on you with one or more credit reference agencies (‘CRAs’). To do this, we will supply your personal information to CRAs and they will give us information about you. CRAs will supply to us both public (including the electoral register) and shared credit, financial situation and financial history information and identity verification information.

The identities of the CRAs, their role, the data they hold, the ways in which they use and share personal information, data retention periods and your data protection rights with the CRAs are explained in more detail at www.experian.co.uk/crain/.

Where we transfer your data

We process your data in the United Kingdom (UK) and the European Economic Area (EEA). We may also transfer your data outside of the UK and the EEA to countries such as the USA and South Africa.

Ninety One is a global business with processing units based in many different geographical locations. As a result, we, or our administrators or other service providers or agents of the funds, may process and transfer your personal information outside the UK and the EEA to group companies and their service providers who have strict obligations to keep the information secure.

In particular, Ninety One and its service providers process information in the following jurisdictions:

Australia
the Bailiwick of Guernsey
Botswana
Canada
Hong Kong
India
Malaysia
Namibia
Singapore
South Africa
Taiwan
Thailand
USA

We will also share your personal information, where necessary, with regulatory authorities in the home state of the Ninety One fund in which you have invested, and overseas. It is possible that those authorities will, in turn, also share your information with other regulators. However, when they do so, they do so in their own legal capacities. So if you would like more information about how they handle your personal information, you will need to contact them directly.

Where we transfer your personal information outside of the UK and the EEA, the safeguards that we will use to protect your personal information include contractual obligations imposed on the recipients of your personal information. Those obligations require the recipient to protect your personal information to the standards required in the UK and the EEA. Safeguards also include requiring the recipient to subscribe to ‘international frameworks’ intended to enable secure data sharing and where the framework is the means of protection for the personal information.

How long we will keep your information

Your information may be held for a considerable period after our relationship ends (or indefinitely if anonymised).

If you have further questions about our data retention practices, please contact us using the details in Part B.

We will keep your personal information as long as you are a client of, or investor with, the Ninety One Group.

After you cease to be a client of ours, or investor with us, we may keep your data for up to an additional 10 years for one of the below reasons:

To respond to any questions or complaints;
To show that we treated you fairly;
To maintain records in accordance with the rules that apply to us.

We may keep your data for longer than 10 years if we cannot delete it for legal, or regulatory reasons. We may also keep it for research or statistical purposes. If we do, we will make sure that your privacy is protected and only use the data for those purposes and, to the extent possible anonymised.

If we anonymise your personal information so that it can no longer be associated with you, it will no longer be considered personal information, and we can use it without further notice to you.

Your rights (‘ data subject’ rights)

You have a number of rights over your personal information including a right to object to the processing of your information.

You will not be able to use these rights in all circumstances.

You are also entitled to make a complaint to the regulator.

Under data protection law you have a number of rights (set out below). Please note that these rights are not without limitation, and in some instances may not be available.

Where applicable, you have the right to:

be informed about our processing of your personal information;
have inaccurate/incomplete personal information corrected/completed;
object to the processing of your personal information;
restrict the processing of your personal information;
have your personal information erased;
request access to your personal information and to obtain information about how we process it;
move, copy or transfer your personal information digitally;
object to automated decision making, such as profiling.

To exercise your rights as set out above, please write to us using the details in Part B. There is no fee for making these requests. However, if your request is excessive or unfounded, we can charge a reasonable fee or refuse to comply with it.

You also have the right to lodge a complaint with your local data protection regulator if you think that we have infringed upon any of your rights. Information about your local data protection regulator is set out in Part B.

Pursuant to applicable law, you will not be discriminated against for exercising certain of your rights as set out above.

Ninety One Website and other websites

The content of this notice is likely to change over time. We will tell you if it changes.

We will always have the latest version available on the Ninety One Website.

If you use the Ninety One Website, we may collect technical information through the use of cookies. For example, what pages of the Ninety One Website were visited by each user, any documents downloaded and security incidents.

For more information on the cookies used by Ninety One, please see our Cookie Policy.

If you use the Ninety One Website and follow a link from it to another website different privacy policies may apply. Prior to submitting any personal information to a website you should read the privacy notice applicable to that website.

For Investors who are People’s Republic of China (PRC) based natural persons/PRC residents, Ninety One’s PIPL (Personal Information Protection Laws) Privacy Notice in Simplified Chinese is available at
ninetyone.com/media/documents/miscellaneous/91-prc-privacy-notice-szh.

只适用于中华人民共和国境內自然人／中华人民共和国居民之投資者 — 晉達的PIPL(中华人民共和国个人信息保护法)简体中文版隐私声明载列于
ninetyone.com/media/documents/miscellaneous/91-prc-privacy-notice-szh.

Future changes to this privacy notice

We reserve the right to update this privacy notice at any time, and we will notify you when we make any substantial updates.

We will also notify you in other ways from time to time about the processing of your personal information. For example if you take out a new product with us.

The latest version of this privacy notice can always be found at ninetyone.com

Part B.

Contact Information

How you can contact us with questions.

UK funds

You can contact Ninety One Fund Managers UK Limited if you have any questions about this privacy notice or information we hold about you in relation to a UK fund.

Email us: [email protected]
Call us: +44 (0) 20 3938 1900
Write to us:
Ninety One Fund Managers UK Limited
PO Box 9042
Chelmsford
CM99 2XL

Global Strategy Fund

You can contact Ninety One Guernsey Limited if you have any questions about this privacy notice or information we hold about you in relation to Ninety One Global Strategy Fund.

Email us: [email protected]
Call us: +44 (0) 20 3938 1800
Write to us
Ninety One Guernsey Limited
c/o CACEIS Investor Services Bank S.A.
14 Porte de France
L-4360 Esch-sur-Alzette
Luxembourg

Other Luxembourg funds

You can contact Ninety One Luxembourg S.A. if you have any questions about this privacy notice or information we hold about you in relation to other Luxembourg funds.

Email us: [email protected]
Call us: +44 (0) 20 3938 1800
Write to us:
Ninety One Luxembourg S.A.
2-4, avenue Marie-Thérèse
L-2132
Luxembourg

US funds

You can contact Ninety One North America, Inc. if you have any questions about this privacy notice or information we hold about you in relation to a US fund.

Email us: [email protected]
Call us: 917 (206) 5179
Write to us:
Ninety One North America, Inc
Park Avenue Tower
65 East 55th Street
New York
10022
United States

Local data protection regulators

We have set out below the local data protection regulators in the countries where our funds are established.

UK
Information Commissioner’s Office

Luxembourg
National Commission for Data Protection

Guernsey
Office of the Data Protection Authority

NinetyOne

Location:Global

Call client team +44 (0) 20 3938 2000