We take the protection of your personal data very seriously; accordingly,the BNP Paribas Group has adopted strong principles in its Personal Data Protection Charter available at: https://group.bnpparibas/en/data-protection .
BNP Paribas Asset Management (“We”), as a controller, are responsible for collecting and processing your personal data in relation to its activities.
BNP Paribas Asset Management is the asset management business of BNP Paribas, a leading European banking group with an international reach. Our priority is to deliver long-term, sustainable returns to our clients, based on a distinctive sustainable investment philosophy. Our direct clients are only institutional investors. In the course of our business, we may collect your personal data when you work or act on behalf of these investors. Individual investors subscribe to our products through other companies, in particular within the BNP Paribas Group, whose business is oriented towards individuals, and for the own needs of these other companies. They are therefore not concerned by this notice. However, we may process your data as an individual investor if, for example, you wish to obtain information on our website about our products. We may also collect and process your personal data if you perform services on our behalf. As a member of an integrated banking-insurance Group, in collaboration with the various entities of the Group, we are able to offer our clients, directly or through the intermediary of other Group entities, a complete range of banking, insurance and leasing products and services (LOA, LLD).
The purpose of this Privacy Notice is to explain how we process your personal data and how you can control and manage them.
This Notice applies to:
- BNP PARIBAS ASSET MANAGEMENT Luxembourg, a public limited liability company organised under Chapter 15 of the Luxembourg law dated 17 December 2010 relating to undertakings for collective investment, as amended from time to time, whose registered office is located at 10, rue Edward Steichen, L-2540 Luxembourg, Grand Duchy of Luxembourg, registered with the Luxembourg Trade and Companies Register under number B 27.605
1. ARE YOU SUBJECT TO THIS NOTICE?
This Privacy Notice applies to you, as part of your professional activity, if you are:
- the legal representative or the authorized person (mandate/power of attorney) of a client legal entity, a partner, or a distributor;
- the employee of a client, partner, distributor (e.g. designated contact);
- an ultimate beneficiary;
- a shareholder, administrator or unitholder;
- the employee of a company to which we wish to present our products and services;
- a person interested in our products or services on behalf of his company when you provide us with your personal data (on our websites and applications or during events) so that we can contact you;
- a professional investor (consultant, pension fund employee, insurance and cash investors) consulting our website or one of our online platforms and applications.
You are concerned by this notice, individually, if you are:
- a person wishing to receive documentation (information sheets, newsletter, weekly strategy update, etc.) for his own account;
- a non-professional investor consulting our website or one of our online platforms and applications.
This notice may have been given to you when you contacted us, or when you signed a contract with your company or employer, or it may have been brought to your attention when you visited our public website or one of our external communication platforms. It is therefore you that we are addressing in the first place, and that we are informing by this Notice of the use we will make of your personal data. When you provide us with the personal data of other natural persons (employees, managers, etc.) who are involved in a professional capacity in the relationship we have with your company, please make sure that you inform them about the disclosure of their personal data and invite them to read this Privacy Notice. We will ensure that we will do the same whenever appropriate (e.g., when we have the person’s contact details).
2. HOW CAN YOU CONTROL THE PROCESSING ACTIVITIES WE DO ON YOUR PERSONAL DATA?
You have rights which allow you to exercise real control over your personal data and how we process them.
If you wish to exercise the rights listed below, please submit a request to the following e-mail address firstname.lastname@example.org with a scan/copy of your identity card where required.
If you have any questions relating to our use of your personal data under this Privacy Notice, please contact our Data Protection Officer at the following e-mail address email@example.com.
2.1 You can request access to your personal data
If you wish to have access to your personal data, we will provide you with a copy of the personal data you requested as well as information relating to their processing.
Your right of access may be limited in the cases foreseen by laws and regulations. This is the case with the regulation relating to anti-money laundering and countering the financing of terrorism, which prohibits us from giving you direct access to your personal data processed for this purpose. In this case, you must exercise your right of access with the Luxembourg Data Protection Authority (Commission Nationale pour la Protection des Données or the “CNPD”), which will request the data from us.
2.2. You can ask for the correction of your personal data
Where you consider that your personal data are inaccurate or incomplete, you can request that such personal data be modified or completed accordingly. In some cases, supporting documentation may be required.
2.3 You can request the deletion of your personal data
If you wish, you may request the deletion of your personal data, to the extent permitted by law.
2.4 You can object to the processing of your personal data based on legitimate interests
If you do not agree with a processing activity based on a legitimate interest, you can object to it, on grounds relating to your particular situation, by informing us precisely of the processing activity involved and the reasons for the objection. We will cease processing your personal data unless there are compelling legitimate grounds for doing so or it is necessary for the establishment, exercise or defence of legal claims.
2.5 You can object to the processing of your personal data for commercial prospecting purposes
You have the right to object at any time to the processing of your personal data for commercial prospecting purposes, including profiling, insofar as it is linked to such prospecting.
2.6 You can suspend the use of your personal data
If you question the accuracy of the personal data we use or object to the processing of your personal data, we will verify or review your request. You may request that we suspend the use of your personal data while we review your request.
2.7 You have rights against an automated decision
As a matter of principle, you have the right not to be subject to a decision based solely on automated processing based on profiling or otherwise that has a legal effect or significantly affects you. However, we may automate such a decision if it is necessary for the entering into or performance of a contract with us, authorised by regulation or if you have given your consent.
In any event, you have the right to challenge the decision, express your views and request the intervention of a competent person to review the decision.
2.8 You can withdraw your consent
If you have given your consent to the processing of your personal data, you can withdraw this consent at any time.
2.9 You can request the portability of part of your personal data
You may request a copy of the personal data that you have provided to us in a structured, commonly used and machine-readable format. Where technically feasible, you may request that we transmit this copy to a third party.
2.10 How to file a complaint with the CNPD?
In addition to the rights mentioned above, you may lodge a complaint with the competent supervisory authority, which is usually the one in your place of residence, the CNPD (Commission Nationale pour la Protection des Données) – www.cnpd.public.lu.
3. WHY AND ON WHICH LEGAL BASIS DO WE USE YOUR PERSONAL DATA?
In this section we explain why we process your personal data and the legal basis for doing so.
3.1 Your personal data are processed to comply with our various regulatory obligations
Your personal data are processed where necessary to enable us to comply with the regulations to which we are subject, including banking and financial regulations.
3.1.1 We use your personal data to:
- manage and report risks (financial, legal, compliance or reputational risks etc.) that we are likely to face in the course of our activities;
- record, in compliance with the Markets in Financial Instruments Directive (MiFID 2), communications in any form relating to, at the very least, transactions performed within trading and the provision of services relating to orders negotiated with counterparties, in particular their receipt, transmission and execution;
- assist the fight against tax fraud and fulfil tax control and notification obligations;
- record transactions for accounting purposes;
- prevent, detect and report risks related to Corporate Social Responsibility and sustainable development;
- detect and prevent bribery;
- comply with the provisions applicable to trust service providers issuing electronic signature certificates;
- exchange and report different operations, transactions or orders or reply to an official request from a duly authorized local or foreign financial, tax, administrative, criminal or judicial authorities, arbitrators or mediators, law enforcement, state agencies or public bodies.
3.1.2. We also process your personal data for anti-money laundering and countering of the financing of terrorism purposes
As part of a banking Group, we must have a robust system of anti-money laundering and countering of terrorism financing (AML/CF) in each of our entities managed centrally, as well as a system for applying local, European and international sanctions.
In this context, we are joint controllers with BNP Paribas SA, the parent company of the BNP Paribas Group (the term “We” in this section also includes BNP Paribas SA).
The processing activities performed to meet these legal obligations are detailed in Appendix.
3.2. Your personal data are processed to perform a contract to which your company is a party or pre-contractual measures taken at its request
Your personal data are processed when it is necessary to enter into or perform a contract to:
- referencing of partners;
- accounting, invoicing, royalty and tax payments, and payment tracking to comply with our internal procedures and to carry out operations related to the management of contracts with clients, distributors and other counterparties;
- financial, administrative and accounting management of the Investment Funds (SICAVs are legal entities and are managed by a Board of Directors. These SICAVs delegate the financial and administrative management to us).
- the follow-up of the client or prospect relationship (meetings and calls, email exchanges, etc.), answers to questions, sales, etc.
3.3 Your personal data are processed to fulfil our legitimate interest or that of a third party
Where we base a processing activity on legitimate interest, we balance that interest against your interests and fundamental rights and freedoms to ensure that there is a fair balance between them. If you would like more information about the legitimate interest pursued by a processing activity, please contact us using the contact details provided in section 2 “HOW CAN YOU CONTROL THE PROCESSING ACTIVITIES WE DO ON YOUR PERSONAL DATA?” above.
3.3.1. In the course of our business as an asset manager, we use your personal data to:
- select people from companies which may be interested in our products;
- carry out training and awareness actions with the people working for these companies;
- follow-up on the prospect relationship (meetings and calls, email exchanges, etc.), answering questions, sales, etc.;
- manage the risks to which we are exposed:
- manage, prevent and detect fraud;
- we handle legal claims and defences in the event of litigation;
- to ensure the physical security of our buildings, including video protection and the management of the authorization of our partner’s staff allowing access to certain BNP Paribas Asset Management buildings (access badge, security, etc.);
- enhance the automation and efficiency of our operational processes and client services (e.g., improvement of your satisfaction based on personal data collected during our interactions with you such as phone recordings, e-mails or chats);
- conduct statistical studies and develop predictive and descriptive models for:
- safety purpose: to prevent potential incidents and enhance safety management;
- compliance purpose (e.g., anti-money laundering and countering the financing of terrorism) and risk management;
- anti-fraud purposes;
- conduct opinion and client satisfaction surveys.
3.3.2. We use your personal data to send you commercial offers by electronic means, post and phone
We send you mailings (related to your profession when you are acting in your capacity as an employee of our clients or partners, or based on your request if you are acting for personal purposes) for marketing purposes and providing information, and we use your personal data for campaign analysis on client/prospect engagement.
As part of the BNP Paribas Group, we want to be able to offer you access to the full range of products and services that best meet your needs.
Once you are a client and unless you object, we may send you these offers electronically for our products and services and those of the Group if they are similar to those you have already subscribed to.
We will ensure that these commercial offers relate to products or services that are relevant to your needs and complementary to those you already have to ensure that our respective interests are balanced.
We may also send you, by phone and post, unless you object, offers concerning our products and services as well as those of the Group and our trusted partners.
3.4. Your personal data are processed if you have given your consent
For some processing of personal data, we will give you specific information and ask for your consent. Of course, you can withdraw your consent at any time.
In particular, we ask for your consent for the use of your navigation data (cookies) for commercial purposes or to enhance the knowledge of your profile.
You may be asked for further consent to process your personal data where necessary.
4. WHAT TYPES OF PERSONAL DATA DO WE COLLECT?
We collect and use your personal data, meaning any information that identifies or allows one to identify you.
Depending among others on the types of product or service we provide to you when acting as an employee of our clients or partners or for personal purposes and the interactions we have with you, we collect various types of personal data about you, including:
- identification information: e.g., full name, gender, place and date of birth, nationality, identity card number, passport number, signature, function within the company, professional photo);
- contact information: (private or professional) postal address, e-mail address, phone number;
- Information relating to your financial and family situation: e.g., marital status
- Economic, financial and tax information: e.g., tax status, country of residence;
- Education and employment information: e.g., employment, employer’s name;
- data relating to your food preferences (only in the context of the organization of events or trainings with you in person)
- data collected from our interactions with you: e.g., your comments, suggestions, needs collected during our exchanges with you online during phone communications (conversation), discussion by e-mail, chat, chatbot, exchanges on our social media pages and your complaints. Your connection and tracking data such as cookies and tracers for non-advertising or analytical purposes on our websites, online services, applications, social media pages;
- data collected from the video protection system (including CCTV if you come to our premises);
- data about your devices (mobile phone, computer, tablet, etc.): IP address, technical specifications and uniquely identifying data;
- personalized login credentials or security features used to connect you to the BNP Paribas website and apps;
We may collect sensitive data such as data relating to criminal offences, subject to compliance with the strict conditions set out in data protection regulations.
5. WHO DO WE COLLECT PERSONAL DATA FROM?
We collect personal data directly from you, your company or your employer; however, we may also collect personal data from other sources.
We sometimes collect data from public sources:
- publications/databases made available by official authorities or third parties (e.g., the Official Journal of the Grand Duchy of Luxembourg, the Luxembourg Trade and Companies Register, databases managed by the supervisory authorities of the financial sector);
- websites/social media pages of legal entities or business clients containing information that you have disclosed (e.g., your own website or social media page);
- public information such as that published in the press.
We also collect personal data from third parties:
- from other BNP Paribas Group entities;
- from our clients (companies);
- from our business partners.
6. WHO DO WE SHARE YOUR PERSONAL DATA WITH AND WHY?
With BNP Paribas Group’s entities
As a member of the BNP Paribas Group, we work closely with the Group’s other companies worldwide. Your personal data may therefore be shared between BNP Paribas Group entities, where necessary, to:
- comply with our various legal and regulatory obligations described above;
- fulfil our legitimate interests which are:
- conduct statistical studies and develop predictive and descriptive models for security, compliance, risk management and anti-fraud purposes;
- enhance the reliability of certain data about you held by other Group entities;
- offer our clients and prospects access to all the Group’s products and services that best meet their needs and wishes;
- receive services from other BNP Paribas Group entities to enable us to provide you and/or the company you work for with services and products or to perform our contractual obligations or transactions (e.g. IT services, custodian services, transfer agent services, portfolio management services, fund administration services).
With recipients outside the BNP Paribas Group and processors
In order to fulfil some of the purposes described in this Privacy Notice, we may, where necessary, share your personal data with:
- processors which perform services on our behalf (e.g., IT services, logistics, printing services, telecommunication, debt collection, advisory and distribution and marketing);
- banking and commercial partners, independent agents, intermediaries or brokers, financial institutions, counterparties, trade repositories with which we have a relationship if such transmission is required to allow us to provide you with the services and products or execute our contractual obligations or transaction (e.g., investment firms, banks, correspondent banks, depositaries, custodians, issuers of securities, paying agents, exchange platforms, insurance companies);
- local or foreign financial, tax, administrative, criminal or judicial authorities, arbitrators or mediators, public authorities or institutions, to which we, or any member of the BNP Paribas Group, are required to disclose pursuant to:
- their request;
- our defence, action or proceeding;
- complying with a regulation or a recommendation issued from a competent authority applying to us or any member of the BNP Paribas Group;
- certain regulated professions such as lawyers, notaries, or auditors when needed under specific circumstances (litigation, audit, etc.) as well as to our insurers or to an actual or proposed purchaser of the companies or businesses of the BNP Paribas Group.
7. INTERNATIONAL TRANSFERS OF PERSONAL DATA
In case of international transfers originating from the European Economic Area (EEA) to a non-EEA country, the transfer of your personal data may take place. Where the European Commission has recognised a non-EEA country as providing an adequate level of data protection, your personal data may be transferred on this basis.
For transfers to non-EEA countries where the level of protection has not been recognized as adequate by the European Commission, we will either rely on a derogation applicable to the specific situation (e.g., if the transfer is necessary to perform our contract with you, such as when making an international payment) or implement one of the following safeguards to ensure the protection of your personal data:
• Standard contractual clauses approved by the European Commission;
• Binding corporate rules.
To obtain a copy of these safeguards or details on where they are available, you can send a written request to firstname.lastname@example.org.
8. HOW LONG DO WE KEEP YOUR PERSONAL DATA?
We retain your personal data for as long as necessary to comply with applicable laws and regulations, or for as long as necessary for operational purposes, such as bookkeeping, effective client relationship management, and enforce legal rights or respond to requests from regulators. For example, most client data is retained for the duration of the contractual relationship and for 3 years after the end of the contractual relationship, subject to applicable local regulations. For prospects, data is retained for 3 years subject to applicable local regulations.
9. HOW TO FOLLOW THE EVOLUTION OF THIS PRIVACY NOTICE
In a world where technologies are constantly evolving, we regularly review this Privacy Notice and update it as required.
We invite you to review the latest version of this document online, and we will inform you of any significant amendments through our website or through our standard communication channels.
Processing of personal data for anti-money laundering and countering of the financing of terrorism
We belong to a banking Group that must have a strong anti-money laundering and countering of the financing of terrorism (AML/CFT) system at the entity level, managed at the central level, an anti-corruption system, as well as a system that allows compliance with international sanctions (this refers to all economic or trade sanctions, including all laws, regulations, restrictive measures, embargoes or asset freezes enacted, governed, imposed or enforced by the French Republic, the European Union, the US Department of the Treasury’s Office of Foreign Asset Control, and any competent authority in the territory where we are established).
In this context, we are joint data controllers with BNP Paribas SA, the parent company of the BNP Paribas Group (the term “we” in this section includes BNP Paribas SA).
For AML/CFT and International Sanctions compliance purposes, we carry out the processing listed below to meet our legal obligations:
- A Know Your Client (KYC) system reasonably designed to identify, update and confirm the identity of our clients, including their ultimate beneficial owners and agents where applicable;
- Enhanced identification and verification measures for high-risk clients, Politically Exposed Persons (PEPs) (PEPs are persons designated by regulation who, because of their political, jurisdictional or administrative functions or positions, are most ‘exposed to these risks) and high-risk situations;
- Written policies and procedures and control reasonably designed to ensure that the Bank does not enter into or maintain relationships with shell banks;
- A policy, based on its assessment of risk and economic conditions, of not generally executing or engaging in any business activity or relationship regardless of the currency;
- On behalf of or for the benefit of any person, entity or organisation subject to Sanctions by the French Republic, the European Union, the United States, the United Nations, or, in some cases, other local sanctions in the territories in which the Group operates;
- Involving, directly or indirectly, territories under sanctions including Crimea/Sebastopol, Cuba, Iran, North Korea or Syria;
- Involving financial institutions or territories that may be linked to or controlled by terrorist organizations recognized as such by the competent authorities in France, the European Union, the United States or the United Nations;
- Filtering of our clients base and transactions, reasonably designed to ensure compliance with applicable laws;
- Systems and processes to detect suspicious transactions and report them to the appropriate authorities;
- A compliance program reasonably designed to prevent and detect bribery and influence peddling in accordance with the “Sapin II” law, the U.S FCPA, and the UK Bribery Act.
In this context we may have to contact:
- Services provided by external providers such as Down Jones Factiva (provided by Dow Jones & Company, Inc.) and the World-Check service (provided by the providers REFINITIV, REFINITIV US LLC and London Bank of Exchanges) which maintain lists of PEPs;
- Public information available in the press on facts related to money laundering, terrorist financing or corruption;
- Knowledge of a risky behaviour or situation (existence of a declaration of suspicion or equivalent) that can be identified at the BNP Paribas Group level.
We carry out these checks when you enter into a relationship with us, but also on the transactions you carry out. At the end of the relationship and if you have been the subject of an alert, this information will be kept in order to identify you and to adapt our control if you enter into a new relationship with BNP Paribas Group entity, or in the context of a transaction to which you are party.
To meet our legal obligations, we share information collected for AML/CFT, anti-corruption and International Sanctions enforcement purposes between BNP Paribas Group entities. When your data is exchanged with countries outside the European Economic Area that do not provide an adequate level of protection, the transfers are governed by the European Commission’s Standard Contractual Clauses. When additional data is collected and exchanged in order to comply with the regulations of non-EU countries, this processing is necessary to enable the BNP Paribas Group and its entities to comply with their legal obligations and to avoid local sanctions, which is our responsibility.