Privacy Notice

Introduction

This Privacy Notice (the 'Notice') is issued by Sumitomo Mitsui DS Asset Management (Deutschland) GmbH ('SMD-AM DE' or “we”) and describes how SMD-AM DE may collect, store, use and/or disclose (“process”) personal data (as defined below) related to SMD-AM DE's current and prospective investors, current and prospective clients, third party intermediaries such as distributors and placement agents, website visitors, job applicants, employees, third-party service providers and other parties whose information is provided to SMD-AM DE ('you'). This Notice describes how and why we process Personal Data and what rights you can exercise with respect to your Personal Data. This Notice is also to be read in conjunction with our Cookie Policy. 

This Notice applies when SMD-AM DE acts as the data controller within the meaning of the Data Protection Legislation as defined in this Notice. 

When accessing this Website, you may provide us with personal data as defined in the Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation, 'EU GDPR') and/or any local implementing legislation, as amended from time to time, such as your name and email address. For further details including, but not limited to, the personal data we collect and process, the basis for the processing, who we may share this information with, and how we protect this personal data, please refer to our Privacy Notice. 

You may also provide personal data to the Funds and/or the Management Company – both acting as joint controllers - in connection with the processing, managing and administering of your holdings and any related accounts on an ongoing basis. For further details regarding the purpose and legal basis of processing as well as the recipients of your personal data, please refer to the Funds Data Protection Notice.

'Personal Data' has the meaning assigned to it under the GDPR  , as amended from time to time, and any relevant local data protection legislation, including the German implementing legislation, which includes the German Federal Data Protection Act (Bundesdatenschutzgesetz, 'BDSG') and the German Digital Services Act (Digitale Dienste Gesetz, 'DDG') , as amended from time to time, collectively being referred to herein as the 'Data Protection Legislation'. This means that 'Personal Data' is any data that can be related to you personally, e.g. name, address, email addresses, user behaviour, according to Art. 4 EU GDPR. Data that cannot be linked to your person, for example through anonymisation, is not personal data.

In principle, you are not obliged to provide us with your personal data. However, if you do not do so, we will not be able to provide you with unrestricted access to our website or answer your inquiries to us.

We do not use automated decision making or profiling (an automated analysis of your personal circumstances).

This Privacy Policy applies only to this Website. It does not apply to other websites to which we refer via hyperlinks. We cannot accept any responsibility for the confidential handling of your personal data on these third-party websites, as we have no influence over whether these companies comply with data protection regulations. Please refer directly to these websites for information on how they handle your personal data.

About Us

SMD-AM DE is a German limited liability company (Gesellschaft mit beschränkter Haftung, GmbH) that acts as a tied agent for the account and under the liability of an investment firm, AHP Capital Management GmbH, that has its registered office in Germany or is active in Germany pursuant to Section 73 para. 1 German Investment Firm Act (Wertpapierinstitutsgesetz, 'WpIG') SMD-AM DE is registered in Germany with the Commercial Register in Frankfurt (company registration number: HRB 141563).

Categories of Personal Data We Collect

The Personal Data SMD-AM DE collects and processes includes, but is not limited to, the following:

• Identification data: name, nationality, date of birth, place of birth, passport or national identity card number, national insurance number, title, marital status, gender, and signature.
• Contact data: email address, residential address, corporate contact information, and telephone number.
• Financial data: account number, beneficiary designation, source of Funds, source of wealth details, and investment history.
• Electronic monitoring data: to the extent permitted by law, we may record and monitor your electronic communications with us, including telephone conversations, email and other electronic communications.
• Marketing and communications data: preferences in receiving marketing from us and/or our third parties and communication preferences, and information about your use of our website.
• Professional information data: position/job title, business address, telephone and email address.
• Building and assets security data: records of visits to our premises, and CCTV recordings.
• Services and transactions data: payment and transactional data to and from you.
• Cookies and related technologies: online identifiers such as cookies and IP addresses, to the extent they are linked to a user’s profile or any other unique identifying information, thus they constitute Personal Data (see our Cookie Policy).
• Employment data: title, location, compensation history, employment history, qualifications/training, and information provided on your CV, cover letter or application form.

Children and Special Category Data

We do not intend to collect Personal Data in relation to children or minors.

Special categories of Personal Data, such as data concerning health, racial or ethnic origin, or sexual orientation, may be processed subject to the conditions prescribed by the Data Protection Legislation, including to carry out our employment law obligations and for the purposes of equal opportunities monitoring. 

Who This Affects

The Personal Data we collect, use and process relate, but is not limited to, the following individuals:

• Current and prospective clients and investors, and their relevant employees, officers, or agents.
• Current and prospective third-party intermediaries such as distributors and placement agents, and their relevant employees, officers, or agents. 
• Visitors to our website. 
• Job applicants and employees.  
• Third-party service providers, including vendors, and their relevant employees, officers, or agents. 

We collect Personal Data in a variety of ways, namely either directly from you, public sources, third parties or in the course of your visits to our website. 

Purpose and Lawful Basis of Processing

Personal Data collected by SMD-AM DE is collected, used and processed for the purposes set out in this Notice, including, but not limited to, the following purposes:

• To process, manage and administer your holdings in the Fund or to consider services in such respect, in accordance with Art. 6 para. 1 lit. a) and b) GDPR.
• To provide the requested services, in accordance with Art. 6 para. 1 lit. a) and b) GDPR. 
• To communicate with you, including to respond to enquiries, send investor/client reports and information, and to perform client-related and investor-related services in accordance with Art. 6 para. 1 lit. a) and b) GDPR.
• To send marketing material and communications to improve our business and products and services offered, in accordance with Art. 6 para. 1 lit. a) GDPR.
• To engage with distributors and third party intermediaries for the purposes of distribution of our products and services, in accordance with Art. 6 para. 1 lit. a) and b) GDPR.
• To engage with third-party service providers, including vendors, in accordance with Art. 6 para. 1 lit. a) and b) GDPR.  
• To allow prospective clients, investors, and third parties to get in touch with us, in accordance with Art. 6 para. 1 lit. a) and b) GDPR. 
• To comply with the applicable legal and regulatory obligations, including for the purposes of complying with our anti-money laundering and terrorist financing, sanctions, and tax reporting obligations, establishing the fitness and propriety of certain individuals, completing the required pre-employment screening, and investigating fraud or any other illegal activity, in accordance with Art. 6 para. 1 lit. c) GDPR. 
• To detect or prevent fraud or criminal activity to protect against breaches of our policies and procedures, and to protect our employees and assets, in accordance with Art. 6 para. 1 lit. c) GDPR.
• To analyse visitors’ behaviours and improve our website and the services we offer, in accordance with Art. 6 para. 1 lit. a) GDPR.
• To assess your qualifications and experience in the context of a job application, in accordance with Art. 6 para. 1 lit. a), b) GDPR.
• To transfer Personal Data as set out in the “Disclosure of Personal Data” section, in accordance with Art. 6 para. 1 lit. a), b) GDPR.

The purposes for which we collect, use and process Personal Data as set out above satisfy one of the lawful bases prescribed in the Data Protection Legislation, see Art. 6 GDPR, namely: 

• Performance of a Contract:  We process Personal Data for the performance of a contract to which you are party, in accordance with Art. 6 para. 1 lit. b) GDPR . The provision of Personal Data for the performance of a contract is a contractual requirement or a requirement necessary to enter into a contract and its provision to us is mandatory.
• Legal or Regulatory Obligation: We process Personal Data to discharge the applicable legal and regulatory obligations to which we are subject, including, but not limited to, obligations arising from the applicable anti-money laundering, terrorism financing and tax reporting laws and regulations, including under foreign account tax compliance (“FATCA”) and the common reporting standards (“CRS”), in accordance with  Art. 6 para. 1 lit. c) GDPR. The provision of Personal Data for the performance of legal and regulatory obligations is a statutory requirement and its provision to us is mandatory.
• Legitimate Interest: We process Personal Data for our legitimate intertest in operating our business and improving our products and services. We do not process Personal Data where such legitimate interest is overridden by your interest, fundamental rights or freedoms, in accordance with  Art. 6 para. 1 lit. f) GDPR. The provision of Personal Data for legitimate interests is a contractual requirement or a requirement to enter into a contract and its provision to us is necessary.
• Consent: We process Personal Data where you have provided your consent to the processing in accordance with this Notice, in accordance with  Art. 6 para. 1 lit. a) GDPR.

In case we intend to further process your Personal Data for a purpose other than the original purpose for which the Personal Data was collected and processed, as set out above, we will provide you with information on that other purpose. In case the processing was based on consent, we will seek fresh consent to the processing of your Personal Data.

Failure to provide your Personal Data for the purposes set out above and/or the withdrawal of your consent given as set out above may result in us being unable to accept your investment in the Fund and/or to perform the requested services, or, ultimately, in the termination of the contractual relationship with you. 

Disclosure of Personal Data

We may disclose Personal Data to the following recipients:

• Our affiliates. Those departments (this includes our immediate parent company, Sumitomo Mitsui DS Asset Management Company, Limited, headquartered in Tokyo, Japan) will receive access to your data as needed to fulfill our contractual and legal obligations. This includes other SMD-AM DE affiliates, for example in case they provide marketing support to SMD-AM DE. Service providers and vicarious agents employed by us (e.g. technical service providers) may also receive data for these purposes. We limit the transfer of your personal data to what is necessary, taking into account the requirements of data protection law. In some cases, the recipients receive your personal data as order processors and are then strictly bound by our instructions when handling your personal data. In some cases, the recipients act independently in their own data protection responsibility and are also obliged to comply with the requirements of the GDPR and other data protection regulations. 
• Non-affiliated third parties. This includes third-party service providers of SMD-AM DE. This includes, but is not limited to, external legal counsel, financial advisors, auditors, IT service providers, third-party email marketers, and third parties in connection with or during negotiations of any corporate transaction, including but not limited, a merger or acquisition, business reorganisation, transfer or disposal.
• Third party organisations related to advertising, analytics and marketing, including Google Analytics, Google Advertising, LinkedIn Advertising, and Microsoft Clarity, Salesforce and Account Engagement. These tools help us analyse the website usage, enhance user experience, and support our marketing and client relationship activities. The data processed by these tools may include page views, device and engaging behaviours, location data, and, in some cases, personal data such as name, email address and job title. Google Analytics and Microsoft Clarity collect only anonymised data to track user interactions without processing personal data. Google Advertising and LinkedIn Advertising may process personal data for targeted advertising and user targeted behavioral analysis. Salesforce and Account Engagement process personal data for marketing and customer relationship management purposes.
• For legal and regulatory purposes to third parties such as government entities, law enforcement authorities, courts, competent regulators, tax or other competent authorities, or in connection with an investigation of suspected or actual fraudulent or illegal activity.

Marketing and Opt-Out  

Pursuant to the Data Protection Legislation (Art. 6 para. 1 lit. a), f) GDPR, Section 7 para. 2 of the Act against Unfair Competition (Gesetz gegen den unlauteren Wettbewerb, "UWG")) , marketing, including by electronic means, may require your consent in certain circumstances. You can unsubscribe from all marketing communications at any time either by clicking on the opt-out link in the marketing communication you will receive from us or third parties or by contacting us as set out in the “How to Contact Us” section of this Notice. You will then be removed from the marketing lists. 

International Transfers

To provide global services and in the course of running our business, we may transfer Personal Data outside of the EU and the EEA. 
The transfer of Personal Data outside of the EEA to countries that offer an adequate level of protection is made based on the European Commission’s adequacy decision pursuant to Art. 45 para. 3 GDPR, if the country to which the Personal Data is transferred to is covered by such a decision. 

We may also transfer Personal Data to countries in respect of which the European Commission has not adopted an adequacy decision. In such cases, SMD-AM DE will ensure that appropriate safeguards are in place for any such transfer such as the use of the EU Standard Contractual Clauses (SCCs) according to the GDPR adopted by the European Commission pursuant to Art. 46 para. 1, para. 2 lit. c) GDPR. 
Finally, the transfer may be made based on your consent to the transfer prior to the Personal Data being transferred and after having informed you of the possible risks of such transfer for you pursuant to Art. 49 para. 1 lit. a) GDPR.

Data Retention

We will retain your Personal Data for as long as necessary to carry out the purposes of the processing as set out above, subject to legal (e.g., statute of limitations) and regulator obligations. For example the processing for a limited period is necessary for the fulfillment of statutory retention obligations, e.g., arising from Section 238, 257 of the German Commercial Code (Handelsgesetzbuch, HGB) and Section 147 of the German Fiscal Code (Abgabenordnung, AO) as well as for the preservation of evidence taking into account the statute of limitations according to Sections 194 et seq. of the German Civil Code (Bürgerliches Gesetzbuch, BGB), these limitation periods can be up to 30 years, with the regular limitation period being three years. In particular, any Personal Data collected and processed pursuant to money laundering obligations will be retained for five years following the termination of the business relationship (Section 8 para. 4 Anti Money Laundering Act (Gesetz zur Bekämpfung der Geldwäsche, GwG)).

Your Rights

You have various rights in connection with the processing of your Personal Data. Please note that the rights below may be subject to limitations as prescribed by the Data Protection Legislation and may not be available in certain circumstances. You have the right to:

• Access - To request a copy of the Personal Data we process in relation to you and to be informed about how we use and share your Personal Data.
• Object - To object to the processing of your Personal Data if (i) we are processing your Personal Data on the grounds of legitimate interests or for the performance of a task in the public interest (including profiling); or (ii) if we are processing your Personal Data for direct marketing purposes.
• Correction - To request that we update the Personal Data we process in relation to you, or to correct Personal Data that you think is incorrect or incomplete.
• Erasure - To ask that we delete Personal Data that we process in relation to you where we do not have a legal or regulatory obligation or other valid reason to continue to process it.
• Restriction - To request that we restrict the way in which we process your Personal Data, for example, if you dispute the accuracy of your Personal Data or have raised an objection which is under consideration.
• Portability - To request a copy of your Personal Data that you have provided to us in a commonly used electronic format such as through the completion of an application form.
• No Automated decision making - To request manual intervention if you are subject to automated decisions where the decision results in a legal or similar effect to you.
• Withdrawal of consent to the processing of personal data - You have the right to withdraw your consent to the processing of your personal data in accordance with Art. 6 para. 1 lit. a) GDPR at any time without affecting the lawfulness of the processing carried out on the basis of your consent prior to its withdrawal.
• Information about your right to object according to Art. 21 GDPR: You have the right to object at any time to the processing of your data that is carried out on the basis of Art. 6 (1) sentence 1 lit. f GDPR (data processing on the basis of a balance of interests) or Art. 6 (1) sentence 1 lit. e GDPR (data processing in the public interest), if there are grounds for doing so that arise from your particular situation.
• If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the purpose of asserting, exercising or defending legal claims.
  You can also lodge a complaint about our processing with the appropriate regulator in accordance with Art. 77 GDPR. As the supervisory landscape for data protection and freedom of information in Germany is structured along federal lines, you must contact the data protection supervisory authority of the federal state in which the data controller responsible for processing the data is domiciled. A list of data protection supervisory authorities and their contact details can be found here: https://www.bfdi.bund.de/DE/Service/Anschriften/Laender/Laender-node.html.
  If you wish to exercise any of your rights, please contact us as set out below. 

How to Contact Us 

If you have any questions or comments about this Notice, you may contact us at desales@smd-am.co.jp or call us at (+)

You may also write us at:

Sumitomo Mitsui DS Asset Management (Deutschland) GmbH
Neue Mainzer Straße 52-58 
60311 Frankfurt
Germany

Data Protection Officer

For further data protection questions and concerns, please contact our data protection officer. Corresponding inquiries as well as the exercise of your aforementioned rights should, if possible, be sent in writing to our address given above or by e-mail to:  desales@smd-am.co.jp

Cookie Policy 

We use cookies for various purposes, including to make our website work and to track the website users’ behaviour for statistics and marketing purposes. SMD-AM DE's  website is set to accept some cookies. You can exercise your preference as to whether to accept or to reject these cookies through the Cookiebot Consent Management Platform (“CMP”). If you choose to reject some cookies, some features of the website may be affected. Please refer to our Cookie Policy for further details and to understand our practices regarding the information collected from our website visitors.

Updates to our Notice

We may update this Notice from time to time. For any material changes to this Notice you will be notified either by us prominently posting a copy the updated Notice or by communicating with us through an appropriate channel.