Neuberger Berman AIFM SARL and the entities of the Neuberger Berman Group are committed to protecting and respecting the privacy of our customers, users of our website, suppliers, individuals who contact us, and those other external parties whose personal data we may otherwise process in the course of our business (“you” and “your”).
Information We Collect
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
Your ‘information’ includes your personal data, which means information that can be used to identify you, including (but not limited to) the following types of personal information:
- your contact information, such as your home or work address and contact details (including your mobile telephone number);
- your date of birth, marital/civil partnership status, details of dependents and next of kin;
- your employment status and national insurance number;
- other information about you that you disclose to us;
- details of any complaints or concerns raised by you;
- information we collect from the way you do business with us, such as or when you use our telephone services or websites;
- information we collect when you write to us; or when you apply for our products or services; or any other time you contact us, including through social media; and
- information we obtain from third parties for a legitimate purpose, such as information that we obtain when verifying details supplied by you as part of your Application. This information obtained from other third party organisations or people may include other Neuberger Berman Group companies, employers, credit reference agencies, employers, fraud prevention agencies or other similar organisations.
Some of the information that we collect about you may include special categories of personal data (such as information about your racial or ethnic origin, criminal or alleged criminal offences or your health and lifestyle) in connection with our obligations under applicable anti money laundering laws. Any such information will be processed only as is necessary for this purpose.
If you fail to provide us with the personal data we request from you, or you object to us processing such information (see below for more information about your rights in relation to your information) the consequences are that we may be unable to provide our services to or for you.
Providing third party information to us
We process personal data for the following purposes:
- to manage and administer any of the services provided by us to you;
- to consider you for potential employment or engagement by us;
- for day to day operational and business purposes;
- investor relationship management;
- to track your visits to our website, in order to provide you with a better service and to understand how you use it;
- for record keeping, security and/or training purposes;
- for any other specific purposes where you have given specific consent to that processing for those purposes;
- to carry out statistical analysis and market research;
- to comply with legal and regulatory obligations applicable to you and us including anti-money laundering and anti-terrorist financing (collectively “AML”) and fraud prevention purposes, including Office of Foreign Assets Control (OFAC) and Politically Exposed Persons (PEP) screening for these purposes and to comply with UN, EU and other applicable sanctions regimes;
- for the purposes of credit risk reduction;
- to protect the rights, property, or safety of us, our clients, or others (which may include establishing, exercising or defending legal rights or for the purpose of legal proceedings);
- certain marketing purposes, unless you have opted out of this; and
- for other legitimate business purposes as may be determined by us from time to time.
When we use your information, we may use automated processes. In particular, in order to comply with our obligations under AML legislation, we are required to verify the identity of all clients and other information (including but not limited to details of any nationality, citizenship or rights of residence you hold) to satisfy our regulatory obligations. We may do this using an electronic verification system that we consider suitable or by asking you for documentary evidence.
If we, or a fraud prevention agency, determine that you pose a fraud or money laundering risk:
- we may refuse to provide the services you have requested, or we may stop providing existing services to you; and
- a record of any fraud or money laundering risk will be retained by the fraud prevention agencies, and may result in others refusing to provide services, financing or employment to you.
If you want to know more about your rights in relation to automated decision making, please contact us using the details below.
Legal Basis for using your personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you.
- Where we need to comply with a legal or regulatory obligation.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. Such legitimate interests might be:
- to prevent fraud;
- to protect our business interests;
- to ensure that complaints are investigated;
- to evaluate, develop or improve our products and services; or
- to keep our clients informed about relevant products and services, unless you have indicated at any time that you do not wish us to do so.
Generally we do not rely on consent as a legal basis for processing your personal data. Where we have asked for your consent and you have given it, you have the right to withdraw it at any time by contacting us. You always have the right to unsubscribe from any direct marketing that you receive from us, by clicking the link that is included in each message or by contacting us.
Recipients of your personal data
We may disclose your information to other recipients or categories of recipients, including associates or affiliates within the Neuberger Berman Group, or to our or their agents, counterparties and support service or data providers, wherever located. In certain circumstances, we may transfer your information abroad. See “International Transfers” below for more information.
We will ensure that if we share your information with third parties, any such disclosure is at all times in compliance with Data Protection Legislation.
The following recipients, or categories of recipients, may receive your personal data and process it for the purposes outlined above:
- our third party suppliers, service providers and other agents or advisers, including anyone providing a service to us or our funds or acting as our agent (which may include distributors, depositaries, investment managers, administrators or companies within their groups of companies);
- any revenue service or tax authority, if obliged to do so under any applicable legal or regulatory requirements;
- credit reference agencies in order to perform credit and identity checks. To do this, we will supply your personal information to the credit reference agencies and they will give us information about you and they may record that a search has been made and the results of such search (including the information that we provide). We may continue to exchange information about you with credit reference agencies while you have a relationship with us. The credit reference agencies may in turn share your personal information with other organisations;
- fraud prevention agencies who will use it to prevent fraud and money-laundering and to verify your identity. We and fraud prevention agencies may also enable law enforcement agencies to access and use your information to detect, investigate and prevent crime. If fraud is detected, you could be refused certain services or finance;
- other Luxembourg and foreign regulators and authorities in connection with their duties (such as crime prevention), or other organisations who are required by law to receive such data, or who need to receive it for the purposes of crime prevention, fraud reduction, to comply with any legal obligation, or to protect people’s rights, property, or safety;
- any other person or organisation after a restructure, sale or acquisition of any Neuberger Berman Group company, as long as that person uses your information for the same purposes as it was originally given to us or used by us (or both);
- anyone to whom we may transfer our rights and/or obligations under our terms with you; and
- your advisers (including, but not limited to, accountants, lawyers or other professional advisers) where authorised by you.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow third party processors to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
In any case where we share personal data with a third party controller (including, as appropriate, other members of the Neuberger Berman Group), the use by that third party of the personal data will be subject to the third party’s own privacy and data protection policies.
Information about you in our possession may be transferred to other countries (which may include countries outside the European Economic Area (“EEA”), such as jurisdictions in which and through which transactions are effected; jurisdictions where your investments are held; jurisdictions from which you regularly receive or transmit information about your investments; or jurisdictions where our third parties conduct their activities. The above recipients of your personal data may also be based either within or outside the EEA.
You understand and accept that such other countries may have differing (and potentially less stringent) laws relating to the degree of confidentiality afforded to the information it holds and that such information can become subject to the laws and disclosure requirements of such countries, including disclosure to governmental bodies, regulatory agencies and private persons, as a result of applicable governmental or regulatory inquiry, court order or other similar process. In addition, a number of countries have agreements with other countries providing for exchange of information for law enforcement, tax and other purposes.
Where your personal data is transferred to outside of the EEA, we or our permitted third parties will impose contractual obligations on the recipients of that data to protect your information to the standard required in the EEA. We or they may also require the recipient to subscribe to international frameworks intended to enable secure data sharing. In the case of transfers by us, we may also transfer your information where the transfer is to a country deemed to provide adequate protection of your information by the European Commission; or you have consented to the transfer.
If we transfer your information outside the EEA in other circumstances (for example because we have to provide such information by law), we will put in place appropriate safeguards to ensure that your information remains adequately protected.
Retention of your Personal Data
We are obliged to retain certain information to ensure accuracy, to help maintain quality of service and for legal, regulatory, fraud prevention and legitimate business purposes. We will only keep the information we collect about you on our systems or with third parties for as long as required for the purposes set out above or as required to comply with any legal obligations to which we are subject, pursuant to the Neuberger Berman Group Retention Policy. This will involve us regularly reviewing our files to check that information is accurate and up-to-date and still required.
Your rights in relation to your personal data
You have the following rights, at any time and under certain circumstances, in respect of your personal data which we process:
- to be informed about the processing of your personal data (i.e. for what purposes, what types, to what recipients it is disclosed, storage periods, any third party sources from it was obtained, confirmation of whether we undertake automated decision-making, including profiling, and the logic, significance and envisaged consequences);
- to request access to or a copy of any personal data we hold about you;
- to request the rectification of your personal data, if you consider that it is inaccurate;
- to request the erasure of your personal data, if you consider that we do not have the right to hold it;
- to object to your personal data being processed for a particular purpose or to request that we stop using your information;
- to request not to be subject to a decision based on automated processing and to have safeguards put in place if you are being profiled based on your personal data;
- to ask us to transfer a copy of your personal data to you or to another service provider or third party where technically feasible;
- to withdraw any consent that you have previously given to us for our use of your personal data; or
- to ask us to stop or start sending you marketing messages at any time.
You can exercise any of these rights by contacting us in writing using the contact details below and we will respond within one month. Please note that we may ask you to verify your identity and ask you for more details about your request. We will comply with our legal obligations as regards your rights as a data subject.
We will correct any incorrect or incomplete information and will stop processing your personal data, or erase it, as long as there is no overriding legitimate ground or other legal reason for us to continue to hold or use that information. There may be some information which we are not legally able to disclose to you. Also, in exceptional circumstances, it may not be practicable for us to provide you with copies of all the documents that you request. If this is the case, we will explain our reasoning to you. Please note that if you exercise some or all of the above rights, the performance of our services may be impaired or no longer possible.
If you have any concerns about our use of your information, you also have the right to complain to the data protection regulator about our information rights procedures. The regulator is the Information Commissioner’s Office and their contact details are available here: https://ico.org.uk/concerns.
Given that the internet is a global environment, using the internet to collect and process personal data necessarily involves the transmission of data on an international basis. Therefore, by browsing the website and communicating electronically with us, you acknowledge and agree to our processing of personal data in this way.
We will do our best to protect your personal data, but we cannot guarantee the security of any data transmitted to our website; and to the extent permitted by Data Protection Legislation, any transmission is at your own risk.
We and other members of the Neuberger Berman Group may use your information from time to time to inform you by letter, telephone, text (or similar) messages, email and other electronic methods, about similar products and services (including those of third parties) which may be of interest to you.
You may, at any time, request that we and/or other members of the Neuberger Berman Group do not send such information to you by one, some or all channels, by contacting us in the way described below.
Any queries or complaints regarding our use of personal data or the exercise of your rights should be addressed to Neuberger Berman AIFM SARL at firstname.lastname@example.org or in writing to the following address: Neuberger Berman AIFM SARL, 9 rue du Laboratoire, L – 1911 Luxembourg.