GDPR Privacy Notice
GoldPoint Partners LLC and its subsidiaries (referred to collectively as GoldPoint or "we" or "our") are committed to respecting the privacy of all individuals.
GoldPoint owns and operates this site (www.GoldPointPartners.com).
For the purposes of applicable data protection law (in particular, the General Data Protection Regulation (EU) 2016/679 (the "GDPR")), GoldPoint is the "data controller" of your personal data.
Personal Data We collect
We will collect and process the following personal data:
- Information you give us:
- If you are inquiring about or using our products and services (including, where you invest in GoldPoint managed funds then we will process your personal data - including your name, address, e-mail address and phone number, financial information, personal description, photograph, ID documentation (including your passport or ID card), information about your dependents or beneficiaries, as well as information about your investments in GoldPoint funds.
- You may give us information about you when you correspond with us by phone, e-mail or other electronic means, or in writing. This includes information you provide when you subscribe to any of our funds, search our site, make inquiries, submit information or content to our site, when you report a problem with our site – including your name, email address, postal address, telephone and fax.
- Information we collect about you: With regard to each of your visits to our site we will automatically collect the following information:
- technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; and
- information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products, services or issues you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
- Information we receive from other sources:
- We are part of a global group of companies which manages funds and provides other financial services.
- We also work closely with third parties (for example, banks and other financial institutions, business partners, placement agents, introducers, legal, accounting, consultants, sub-contractors in technical, payment and delivery services, analytics providers, search information providers) and may receive information about you from them.
- Information about other people: If you provide information to us about any person other than yourself, such as your relatives, your executors, next of kin, your advisers or your suppliers, you must ensure that they understand how their information will be used, and that they have given their permission for you to disclose it to us and for you to allow us, and our outsourced service providers, to use it.
Purposes and Legal Basis
We will ask you for consent to collect or process your personal data on certain occasions, for example, and as stated below, where necessary in order to contact you with information about products and services that might be of interest to you.
We also process your personal data when we need to do this to fulfil a contract with you, such as to give effect to your investment in a GoldPoint fund or separately managed account (including verifying your identity), or when required by law, such as if we receive a request from law enforcement or other government officials.
We also process your personal data when it is in our legitimate interest to do this and when this interest is not overridden by your data protection rights. In particular:
- we will use your personal data to provide services to you, and to respond to any comments or requests you may send us;
- we monitor use of our website, and use your personal data to help us monitor, improve and protect our services and website, both online and offline;
- we monitor investor accounts to prevent, investigate and/or report fraud, terrorism, misrepresentation, security incidents or crime, in accordance with applicable law; and
- we will use personal data in connection with legal claims, compliance, regulatory and investigative purposes as necessary (including disclosure of such information in connection with legal process or litigation).
For example, we have a legitimate interest in the effective administration of the GoldPoint funds and separate accounts we manage and our business, and in ensuring the security and integrity of our website.
We have carried out balancing tests for all the data processing we carry out on the basis of our legitimate interests, which we have described above. You can obtain information on any of our balancing tests by contacting us using the details set out later in this Notice.
Disclosure of Your Personal Data
We may share your personal data with our subsidiaries and/or affiliates:
- to administer and service private investment funds in which you are invested; and
- to the following individuals employed by such subsidiaries and affiliates on a need to know basis, including without limitation, their respective attorneys, compliance professionals, human resources personnel, internal auditors, accountants, and members of senior management.
We will also share your personal data with trusted third parties including:
- Banks and other financial institutions which, for example, act as brokers or custodians on behalf of the GoldPoint funds and separate accounts we manage;
- Firms conducting anti-money laundering, know your customer and FATCA tax review with respect to GoldPoint’s onboarding of new investors with respect to its funds and separate accounts we manage;
- Legal, accounting, and other advisers, consultants and professional experts, correspondents, and suppliers and service providers of any of the above, and each of their associated businesses;
- Business partners, suppliers and sub-contractors only for the purposes of performance of any contract we enter into with them or you. We take reasonable steps to ensure that our staff protect your personal data, and are aware of their information security obligations;
- Placement agents and introducers; and
- Analytics and search engine providers that assist us in the improvement and optimization of our site.
We may disclose your personal data to third parties:
- If we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
- If GoldPoint, its business, or its assets are acquired by a third party, in which case personal data held by it about its users, suppliers, or customers will be one of the transferred assets;
- If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions ( Legal ) and other agreements; or if we reasonably consider this necessary; or to protect the rights, property, or safety of GoldPoint, our users, our customers, or others; and
- For the purposes of crime prevention and fraud protection.
We, or trusted third parties on our behalf, may contact you by email or post with information about products and services that might be of interest to you. Where necessary, at the time that you provide your personal data to us, you will be given the opportunity to indicate whether or not you are happy for us to use your personal data in order to tell you about such products or services.
Where We Store Your Personal Data and How We Protect it
Some of the GoldPoint subsidiaries and/ or affiliates and third parties to whom GoldPoint discloses your personal data (as described above) are located in countries outside the EU that do not provide a level of protection to personal data equivalent to that provided by your home country.
In order to provide adequate protection for these transfers, GoldPoint utilizes transfer mechanisms recognized by your home country, which will include executing appropriate contractual clauses based on and conforming to the EU model clauses. To obtain a copy of the signed agreement, please contact us using the details provided below.
We take reasonable steps to protect your personal data from loss or destruction.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your personal data transmitted to our site; any transmission is at your own risk. Once we have received your personal data, we will use strict procedures and security features to try to prevent unauthorised access.
You have various rights with respect to our use of your personal data:
- Access: You have the right to request a copy of the personal data that we hold about you. Please note that there are exceptions to this right, so that access will be denied if, for example, making the information available to you would reveal personal data about another person, or if we are legally prevented from disclosing such information. You are entitled to see the personal data held about you. If you wish to do this, please contact us using the contact details provided below.
- Accuracy: We aim to keep your personal data accurate, current, and complete. We encourage you to contact us using the contact details provided below to let us know if any of your personal data is not accurate or changes, so that we can keep your personal data up-to-date.
- Objecting: In certain circumstances, you also have the right to object to processing of your personal data and to ask us to block, erase and restrict your personal data. If you would like us to stop using your personal data, please contact us using the contact details provided below.
- Porting: You have the right to request that some of your personal data is provided to you, or to another data controller, in a commonly used, machine-readable format.
- Complaints: If you believe that your data protection rights may have been breached, you have the right to lodge a complaint to the applicable supervisory authority or to seek a remedy through the courts.
Please note that there are exceptions to these rights, if, for example, we are under a legal obligation to continue to process your personal data.
When we ask you to supply us with personal data we will make it clear whether the personal data we are asking for must be supplied so that we can provide the products and services to you, or whether the supply of any personal data we ask for is optional.
How Long We Keep Your Personal Data
We will retain your personal data, whether or not your account is active, for as long as we believe it necessary or desirable to fulfil our business purposes and to comply with applicable law, audit requirements, regulatory requests or orders from competent courts.
Personal Data collected will be retained pursuant to our record retention policy, and in most instances will not be retained longer than nine (9) years from the date you cease to be an investor in a GoldPoint fund or a separately managed account.
Changes to our Privacy Notice
Any changes we make to our Notice in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our Notice.
Candriam Group S.a.R.L. with registered address at 19-21 Route d’Arlon, L-8009 Strassen Luxembourg; registered no. R.C.S. Luxembourg : B 180524, acts as our European representative for GDPR matters.
Questions, comments and requests regarding this Notice are welcomed and should be addressed to firstname.lastname@example.org
© 2018 GoldPoint Partners LLC