Privacy statement

Introduction

This privacy statement serves to inform you about our policy with regard to privacy and personal data protection, inter alia in light of the EU General Data Protection Regulation 2016/679, dated 27 April 2016 and effective as from 25 May 2018 (GDPR).

TCX Investment Management Company B.V. (TIM), as the dedicated Fund Manager of The Currency Exchange Fund N.V. (TCX), qualifies both as a data processor (verwerker) and a controller (verantwoordelijke) for the purposes of the GDPR.

What are personal data?

Personal data refers to any data that can identify an individual. Someone is identifiable if his or her identity can be established without disproportionate effort. Both data used to directly identify a person (such as name and address) as data used to indirectly identify a person (pseudonymous data, IP addresses etc.) qualify as personal data.

Which data do we process, how and for which purpose?
  • TIM shall protect all personal data in any form or format it collected. TIM shall ensure that the processing of personal data will at all times be lawful, fair, transparent, proportionate and justified in light of the specific purpose for which we collect data, to promote and ensure the confidence of the persons concerned (hereafter: ‘Data Subjects’).
  • TIM employees continue to respect the protection and confidential nature of personal data shared with them, including after termination of the employment relationship.
  • TIM only processes data with a specific purpose and based on explicit consent from the Data Subject(s), or any other legal ground as specified in Article 6 of the GDPR.
  • In the event that we need to verify the identity of a person, in the context of executing a contract to which that person, or the institution or entity represented by that person, is a party, TIM may request to collect contact details, including email address, your signature and a copy of your passport. TIM does not process any special personal data (as referred to in Article 9 of the GDPR).
  • From representatives of TCX investors and counterparties we collect personal data to verify the identity and the representative power of that person, necessary to perform the activities or execute any tasks, as foreseen in the agreement between TCX (or TIM as the case may be) and the investor or counterparty represented by this person.
  • For TCX investors this relates for example to the proper orchestration of shareholder meetings and voting procedures.
  • For TCX investors and counterparties, we use your contact details to send newsletters and reports relating to TCX. We may also use your contact details from time to time to invite you to attend a conference or to participate in a survey on the services provided by TIM or TCX to you or the institutions you represent. When TCX reaches out to its investors or counterparties with an invite or such a request, TCX shall always ensure this request or invite is preceded by a (non-automated) assessment to ascertain that the invite or request is appropriate and relevant for the investor or counterparty involved, based on its activity and involvement with TCX.
  • From job applicants, TIM may collect resumes. By sending your resume to TIM, you agree to TIM storing (which we will do in a secure way) your resume for the period from receipt up until four weeks after filling the position for which you applied. If we wish to store your resume beyond that period, for possible future positions, we will ask for your explicit consent to do so, for a maximum of one (1) year. TIM has a separate Privacy Policy specifying the rights and obligations for job applicants with regard to any personal data kept during and after the application process.
  • From TCX website visitors we collect anonymized IP addresses for the purpose of analyzing the use of our website, please also take note of our cookie policy published on our website. Messages that we receive from you through LiveChat (the chat function on our website) are saved, together with your name and email address. Upon using LiveChat, you agree to us storing that information. We may use your contact details and the information you provided through LiveChat to contact you again, exclusively on TCX business related matters. Upon your request we shall delete all messages or contact details from you. Upon visiting our website, www.tcxfund.com, your IP address is registered to allow us to start a chat with you. After you log off, your IP address will not be saved other than an anonymized version by Google analytics, as set out in the cookie policy.
  • TIM shares personal data, with any person within TIM/TCX or a third-party service provider, on a need-to-know basis only.
  • A request for your personal data shall always refer to the purpose for which we collect such data.
How do we safeguard the security of your personal data?

Personal Data held by us will be kept confidential in accordance with data protection laws and applicable TIM/TCX policies and procedures. TIM/TCX has the appropriate technical, organizational and security measures in place to prevent the unlawful use of these data or any breach of a Data Subject’s right to privacy. Some of those measures include:

  • Encryption on our website. Through this encryption, the data traffic between you and the webserver is inaccessible for unauthorized parties.
  • Two-factor authentication
  • Mobile Device Management
  • Management of access rights to personal data processed by TIM
  • Implementation of operational guidelines & code of conduct
  • Awareness training
  • Data processing agreements in place with all relevant third-party service providers
Rights

In case we process any personal data of you, you have the right to access the data we collected, you have the right to request rectification, or erasure, you may request to restrict the processing, under certain circumstances you have the right to object to processing and you have the right to data portability, all by virtue of the GDPR and as specified therein.

Should you wish to exercise one of these rights you can contact us with such request by email: [email protected]. The request shall be handled with due care and complied with as soon as reasonably possible, and at maximum, within four weeks.

Complaint procedure

Should you want to make a complaint, please contact us and we will do our best to solve the issue as soon as reasonably possible. Please note that you have the right, at all times, to turn to the Dutch Data Protection Authority (Autoriteit Persoonsgegevens (AP)). The AP has a complaint procedure in place. Please use the following link for more information:
https://autoriteitpersoonsgegevens.nl/nl/zelf-doen/privacyrechten/klacht-over-gebruik-persoonsgegevens?qa=klacht

Data retention

We do not keep data longer than is necessary for the purpose of processing those data. We will destroy or return your personal data as at the moment you cease to be involved with TCX, unless any regulatory or legal rule or obligation requires TIM to store data for a longer period.

Third party service providers

We allow access to the personal data we process, to a number of third-party service providers, including financial and operational auditors, accountants, IT service providers, the Fund’s depositary, and -if required the supervisory authority Autoriteit Financiële Markten, but strictly on a need-to-know basis, in other words exclusively for the execution of their respective tasks.

We shall ensure that your privacy remains guaranteed at all times by the implementation of the necessary contractual arrangements with these third parties on their compliance with the GDPR.

Personal information may be also be disclosed when required by law or court order, or as requested by any government, regulator, or law enforcement authority/agency.

Changes

Amendments to this Privacy Statement made from time to time, will be notified and published on the TCX website at the following address:   https://www.tcxfund.com/

Contact

Should you have any questions in relation to the above please contact us at the following email address: [email protected]