SICAV Privacy Policy

CRUX Global Fund (SICAV – UCITS) (the “Company”) Privacy Policy

In accordance with the provisions of the applicable Luxembourg data protection law and the Regulation n°2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“Data Protection Laws”), the Company, acting as data controller, collects, stores and processes by electronic or other means the data supplied by Shareholders or prospective investor(s) (“Applicant(s)”) at the time of their subscription for the purpose of fulfilling the services required by the Shareholders and Applicants and complying with its legal obligations.

The personal data processed may include the name, age, e-mail address, phone number, account numbers, any information regarding the dealing in shares (subscription, conversion, redemption and transfer), banking details of the Applicants and Shareholders, and any account statement where Applicants’ or Shareholders’ personal data may be used (and, if the Applicant/Shareholder is a legal person, such Personal Data in relation to any natural person related to it, such as its contact person(s) and/or beneficial owner(s)) (the “Personal Data”).

The Applicant may, at his/her/its discretion, refuse to communicate the Personal Data to the Company. In this case however the Company may reject his/her/its request for subscription of Shares in the Company.

This Personal Data will be processed by the Company in order to enter into and execute the subscription in the Company (i.e. for the performance of a contract with the Applicants/Shareholders), for the legitimate interests of the Company and to comply with the legal and regulatory obligations imposed on the Company. In particular, Personal Data will be processed for the purpose of (i) maintaining the register of Shareholders, (ii) processing subscriptions, redemptions and conversions of Shares and payments of dividends to Shareholders, (iii) performing controls on late trading and market timing practices, (iv) complying with applicable anti-money laundering rules.

The “legitimate interests” referred to above are:

  • the processing purposes described in points (i) to (iv) of the above paragraph of this data protection section;
  • meeting and complying with the Company’s accountability requirements and regulatory obligations globally; and
  • exercising the business of the Company in accordance with reasonable market standards.

In accordance with the provisions of the Data Protection Laws, the Company can delegate the processing of Personal Data to other entities, (the “Recipients”), which in the context of the above mentioned purposes refer to the Administrative Agent, the Registrar and Transfer Agent, the Investment Manager, Global Distributor and its appointed sub-distributors and affiliates, the subinvestment manager, the investment advisors (as the case may be), the Legal Adviser, the Auditor and the Management Company.

The Recipients may, under their own responsibility, disclose the Personal Data to their agents and/or delegates (the “Sub-Recipients”), which shall process the Personal Data for the sole purposes of assisting the Recipients in providing their services to the Company and/or assisting the Recipients in fulfilling their own legal obligations.

The Recipients and Sub-Recipients may, as the case may be, process the Personal Data as data processors (when processing the Personal Data upon instructions of the Company), or as distinct data controllers (when processing the Personal Data for their own purposes, namely fulfilling their own legal obligations).

The Recipients and Sub-Recipients may be located either inside or outside the European Economic Area (the “EEA”) in countries which are not subject to an adequacy decision of the European Commission and whose legislation does not ensure an adequate level of protection as regards the processing of Personal Data. As these countries do not ensure an adequate level of protection for Personal Data, the Company, as data controller, has entered into legally binding transfer agreements with the relevant Recipients in the form of the EU Commission approved model clauses. In this respect, the Applicants have a right to request copies of the relevant document for enabling the Personal Data transfer(s) towards such countries by writing to the Company at the following address : CRUX Global Fund, 49, Avenue J.F. Kennedy, L-1855 Luxembourg, GrandDuchy of Luxembourg

The Personal Data may also be transferred to third-parties such as governmental or regulatory agencies, including tax authorities, in accordance with applicable laws and regulations. In particular, Personal Data may be disclosed to the Luxembourg tax authorities which in turn may, acting as data controller, disclose the same to foreign tax authorities (including for compliance with the FATCA/CRS obligations).

Under certain conditions set out by the Data Protection Laws, each Applicant/Shareholder has a right to:

  • Access his/her/its Personal Data (i.e. the right to obtain from the Company confirmation as to whether or not his/her/its Personal Data is being processed, to be provided with certain information about the Company’s processing of his/her/its Personal Data, to access such data, and to obtain a copy of the Personal data undergoing processing (subject to legal exceptions));
  • Correct his/her/its Personal Data where it is inaccurate or incomplete (i.e. the right to require from the Company that inaccurate or incomplete Personal Data or any material error be updated or corrected accordingly);
  • Restrict the use of his/her/its Personal Data (i.e. the right to obtain that, under certain circumstances, the processing of his/her/its Personal Data should be restricted to storage of such data unless his/her/its consent has been obtained);
  • Object to the processing of his/her/its Personal Data (i.e. the right to object, on grounds relating to the Applicant’s particular situation, to processing of Personal Data which is based on the performance of a task carried out in the public interest or the legitimate interests of the Company. The Company shall stop such processing unless it can either demonstrate compelling legitimate grounds for the processing that override Applicant’s/Shareholder’s interests, rights and freedoms or that it needs to process the data for the establishment, exercise or defence of legal claims);
  • Ask for erasure of his/her/its Personal Data (i.e. the right to require that Personal Data be erased in certain circumstances, including where it is no longer necessary for the Company to process this data in relation to the purposes for which it collected or processed);
  • Ask for Personal Data portability (i.e. the right to have the data transferred to the Applicants/Shareholder or another controller in a structured, commonly used and machinereadable format, where this is technically feasible).
  • The Applicant/Shareholder may exercise the above rights by writing to the Company at its registered office, at the following address CRUX Global Fund, 49, Avenue J.F. Kennedy, L-1855 Luxembourg, Grand-Duchy of Luxembourg.

    The Applicant/Shareholder has also a right to lodge a complaint with the National Commission for Data Protection (the “CNPD”) at the following address: 1, Avenue du Rock'n'Roll, L-4361 Eschsur-Alzette, Grand Duchy of Luxembourg, or when the Applicant/Shareholder resides in another European Union Member State, with any other locally competent data protection supervisory authority. The Applicants’/Shareholders’ Personal Data shall not be held for longer than required for the purpose of their processing subject to applicable statutory retention periods.

    Authorised and regulated by the Financial Conduct Authority (ref:623757)

    CRUX Asset Management Limited is registered in England & Wales, company number 08697189

    Registered Office

    48 Pall Mall,
    London SW1Y 5JG

    © 2018 CRUX Asset Management Limited. All Rights Reserved

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