Privacy Policy

1. Introduction

Nikko Asset Management Europe Ltd (“NAM Lux", "we", "us" or "our"), an entity part of Nikko AM group of companies (the “Nikko AM Group”), respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we process your personal data when you visit our website, make contact with us and/or use our products and services and tell you about your privacy rights and how the law protects you.

2. Important information and who we are

Purpose of this privacy notice

This privacy notice aims to give you information on how we collect and process your personal data when you use our website, make contact with us and/or use our products and services.

It is important that you read this privacy notice together with any other privacy notice/policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you (including and in particular the specific privacy policies of our investment vehicles) so that you are fully aware of how and why we are using your data. This privacy notice supplements such other notices and privacy policies and is not intended to override them.

Who we are

NAM Lux is the data controller and is responsible for your personal data.

We have established a data protection group (the “DPG”), which is responsible for overseeing data protection compliance and for responding to questions in relation to this privacy notice. If you have any questions about this privacy notice, please refer to the “Contact us” section below.

Contact us

Full name of legal entity : Nikko Asset Management Luxembourg S.A.
Email address : This email address is being protected from spambots. You need JavaScript enabled to view it.
Postal address : 32-36, bd. d’Avranches, L-1160 Luxembourg (For the attention of the Nikko AM Data Protection Group)

Changes to the privacy notice and your duty to inform us of changes

We keep our privacy notice under regular review. This version was last updated in December 2023. Historic versions can be obtained by contacting the DPG as above.

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.

Third-party links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy policies. When you leave our website, we encourage you to read the privacy notice of every website you visit.

3. The types of personal data we collect

Personal data, or personal information, means any information about an individual from which that person can be identified, whether directly or indirectly.

We may collect and process the following personal data about you. You may provide this information to us or we may obtain this information from other sources, such as from third parties and publicly available data sources. We may also generate this information about you e.g. a file with your client records and contact history.

Biographical Data. such as first name; family name; personal email address; personal address;
Professional Data such as job title and company name such as company email address; business phone number; business address; city; postcode; and country;
Identification/KYC Data such as official identification information;
Website Usage Data such as IP address, browser type and version, time zone setting and location, browser plug-in types and versions, data derived from cookies and other similar technologies, operating system and platform, and other technology on the devices you use to access our websites;
Our Correspondence: if you contact us, we will typically keep a record of that correspondence. This may include telephone calls, which we record to assist us in training our staff and undertaking quality checks; and
Transaction Data: Such information may include details of transactions carried out through our channels, the fulfilment of the services we provide and/or payment details.

Special category personal data

We do not typically collect any special category personal data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data) or data relating to criminal convictions and offences. However, we may process special category data such as political affiliations, and information relating to criminal convictions and offences for the purpose of undertaking know your client (KYC), anti-money laundering and other applicable due diligence checks.

4. How we use your personal data

4.1 When we use your personal data for the purposes outlined in this privacy notice, we ensure that we have a lawful basis to do so. We will generally rely on one or more of the following lawful bases:

Legitimate interest: This is relevant where we use your personal data where it is necessary for our (or a third party’s) legitimate interests and those interests do not override your rights.
Compliance with law or regulation: This is relevant where we use your personal data where it is necessary to comply with applicable laws.
Consent: This is relevant where we need your consent to use your personal data. However, we do not usually need your consent if there is another lawful basis as above. You can withdraw your consent by contacting us (see Contact us section above).

In the table below, we have set out the relevant lawful basis that applies to each purpose for which we use your personal data.

4.2 Your personal data may be stored and processed by us in the following ways and for the following purposes:

Processing activity	Type of personal data processed	Lawful basis for processing
For maintenance and management of our website. This includes: ongoing review and improvement of the information provided on our websites to ensure they are user friendly and to prevent any potential disruptions or cyber-attacks; to conduct troubleshooting/ analysis required to detect malicious data and understand how this may affect your IT system; and/or for statistical monitoring and analysis of current attacks on devices and systems and for the on-going adaptation of the solutions provided to secure devices and systems against current attacks.	Biographical Data Professional Data Website Usage Data, including cookie data Our Correspondence	Legitimate interests (maintaining and managing information technology services, network and data security and fraud prevention). Consent only where required by applicable data protection law e.g. in relation to information obtained from non-essential cookies
For client management purposes and to provide and administer our business (including our services and products). This includes: as part of our client or vendor on-boarding; corresponding with you; for the management and administration of our clients and business; and/or to improve and develop our business	Biographical Data Professional Data Identification/KYC Data Website Usage Data Our Correspondence Transaction Data	Legitimate interests (to effectively manage and provide services to you and to improve our services) Where this involves the processing of special categories of personal data and/or data relating to criminal convictions and offences, the lawful basis we rely on is that the processing is in the substantial public interest (prevention and detection of crime).
For analytics, statistical and insight purposes. This includes: to understand the needs and interests of our clients; to undertake market segmentation (including for marketing to conduct market insight activities We may also anonymise your personal data for this purpose.	Biographical Data Professional Data Website Usage Data Our Correspondence	Legitimate interest (improving and enhancing our business model and services).
For marketing/ promotional purposes, this includes: to communicate with you in order to provide you with services or information about the and its services, products, funds, events and/or news that may be of interest to you via email, phone, social media.	Biographical Data Professional Data Website Usage Data Our Correspondence	Legitimate interest (improving and enhancing our business model and services), unless Consent is required by applicable data protection law
For legal and regulatory purposes, this includes: in order to comply with and in order to assess compliance with applicable laws, rules and regulations, and internal policies and procedures; to conduct KYC checks, anti-money laundering checks and other due diligence checks; to prevent and detect fraud and/or other criminal activity; and/or managing and handling of legal claims.	Biographical Data Professional Data Identification/KYC Data Website Usage Data Our Correspondence Transaction Data	Legal obligations, where the processing activity is required by law or regulation, In all other cases, legitimate interests (to comply with our obligations). Where this involves the processing of special categories of personal data and/or data relating to criminal convictions and offences, the lawful basis we rely on is that the processing is in the substantial public interest (prevention and detection of crime), or for legal claims.
To restructure our business, including in the context of sales, transfers, mergers and acquisitions (and the negotiations of the foregoing).	Biographical Data Professional Data Identification/KYC Data Website Usage Data Our Correspondence Transaction Data	Legitimate interest (restructuring our business).

Cookies

When you visit our website, cookies (and similar technologies) are used to collect information about your website usage. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please refer to our Cookie Policy.

5. Disclosures of your personal data

5.1 We may share your personal data with various third parties for the purposes and in accordance with the lawful bases set out at section 4 above.

Within the Nikko AM Group

We may share your personal data with other entities within the Nikki AM Group as part of our business operations, including with our parent company, headquartered in Japan.

Service providers, business partners and advisors

We may share your personal data with third parties such as service providers, agents and contractors for the purposes of providing services to us (for example, our accountants, professional advisors, IT and communications providers and distribution partners). These third parties will be subject to appropriate data protection obligations.

Legal/ regulatory bodies and legal proceedings

We may share your personal data with regulatory, governmental and or relevant national authorities for the purpose of adhering to our legal/regulatory obligations and co-operation/interacting with the relevant body. These bodies may be situated outside of Luxembourg. We may also share your personal data in connection with legal proceedings.

Any disclosure made will either be voluntarily to aid co-operation or to the extent required by law, for example if we are under a duty to disclose your personal data in order to comply with any legal obligation (including, without limitation, in order to comply with tax reporting requirements and disclosures to regulators), or to establish, exercise or defend our legal rights.

Restructuring our business

We may also share your personal data with third parties (and their advisors) to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them.

6. International transfers

The Nikko AM Group is a global business, with customers and our operations are spread around the world. As a result, we collect and transfer certain personal data on a global scale, which means that we may transfer your personal data outside the EEA to both countries that have been found to have an adequate level of data protection such as Japan, New Zealand and the United Kingdom, and to countries that have not been found to have an adequate level of data protection pursuant to Luxembourg and EU law, such as Singapore and the United States of America.

Where we make an international data transfer to a country not found to have an adequate level of data protection pursuant to Luxembourg and EU law, we will generally rely on the EU Standard Contractual Clauses, which include contractual safeguards requiring the recipient to process the personal data in accordance with Luxembourg and EU data protection law standards. We may also supplement the EU Standard Contractual Clauses with additional measures if we consider that these are required.

If you would like more information about the safeguards we put in place when we transfer your personal data overseas, please contact us using the information provided above.

7. Data security

We have put in place commercially reasonable security measures to protect your personal data.

8. Data retention

How long will you use my personal data for?

How long we will hold your personal data for will vary and will be determined by the purpose for which we are using it. We will need to keep the data for as long as is necessary for that purpose and in line with our business needs and relevant internal policies. Additionally, there may be laws or regulation which set a minimum period for which we have to keep your personal data.

9. Your legal rights

In all the above cases in which we collect, use or store your personal data, you may have the following rights and, in most cases, you can exercise them free of charge. Please note that certain conditions and exemptions apply to the exercise of many of these rights and so you will not be able to exercise them in all situations. However, we will consider and evaluate each request that we receive and respond in accordance with our legal obligations. Your rights include:

Right to access to your personal data (commonly known as a "data subject access request"). This allows you to receive a copy of the personal data we hold about you.
Right to rectification/correction of the personal data that we hold about you. This allows you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Right to erasure of your personal data. This allows you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Right to object to the processing of your personal data. This applies where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Right to restriction of the processing of your personal data. This allows you to ask us to suspend the processing of your personal data in the following scenarios:
- If you want us to establish the data's accuracy.
- Where our use of the data is unlawful but you do not want us to erase it.
- Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
- You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Right to data portability. This allows you to request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Rights in relation to automated decision making and profiling. This allows you to not be subject to automated decision-making with human involvement, including profiling.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact the DPG as detailed above.

You have the right to make a complaint at any time to the National Commission for Data Protection (Commission nationale pour la protection des données), the Luxembourg supervisory authority for data protection issues (https://cnpd.public.lu/).

We would, however, appreciate the chance to deal with your concerns before you approach the CNPD so please contact us in the first instance using the details in the “Contact us” section above.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We endeavour to respond to all valid requests within one (1) month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In such case, we will notify you and keep you updated.