This Personal Data Processing Policy is intended for and applies to clients and prospects of Carmignac, potential business relations, and users of the www.carmignac.com website (hereinafter the “Website”).
As data controller, Carmignac (hereinafter “Carmignac/we/our”) hereby informs you about the types of data collected, how and for what reasons this data is processed by Carmignac, as well as your rights and recourse and the communication channels available to you.
Collection of user’s personal information
Carmignac collects data from you directly (when you visit and complete a form and/or questionnaire on the Carmignac website, ask to be contacted, take part in a survey, attend an event organised by Carmignac, interact with Carmignac on social media). You may be provided with further information when you enter into relations with Carmignac.
Carmignac also collects data concerning other people whom you may have brought to us because they have ties to you. When you pass on third parties’ data, you undertake to inform the person to whom this data relates that Carmignac is processing their personal data. In this case, you assure us that you have received the necessary authorisation and consent from these Data Subjects for any uses described in this policy.
Carmignac will never ask you to provide sensitive data such as details of your race or ethnicity, your political opinions, your religious or philosophical beliefs, any union membership, your genetic information, your private life or your sexual orientation, unless we are legally required to do so.
It is possible to browse the Website without providing your personal data. However, to access certain parts of the Website, for example to contact Carmignac, download certain documents or use the Website in some other specific way, Carmignac may have to ask you for personal data. Such disclosure of personal data is voluntary. If you do not provide this personal data, you will not be able to use the relevant services proposed on the Website, such as booking an appointment, receiving newsletters and downloading documents.
Personal data processed by Carmignac
Personal data includes any information making it possible to directly identify (e.g. first name, surname) or indirectly identify (e.g. combination of data) an individual.
The personal data that Carmignac processes may include:
identification data, e.g. name, address, telephone number, email address, work contact details;
personal details, e.g. date of birth, country of birth;
work information, e.g. job and work history, position, power of representation;
the personal login details or security measures used to log in to the Website and Carmignac applications and to use our online services: identification and authentication data when you access restricted areas, logs, cookies, browser history and data on similar technologies used on websites and in emails;
details of your personal circumstances: marital status, marriage regime, number and age of children, etc.;
information of an economic and financial nature: income, financial and tax position, bank details, etc.;
data on your habits and preferences (linked to your use of the products and services that you receive from us)
data collected through our correspondence with you on social media, during meetings, calls, chats, emails, interviews, telephone conversations;
data regarding social media use: when you interact with social media features;
information about your device (IP address, technical characteristics and unique identifiers);
recording of your conversations and communications by any medium (email, fax, telephone call, etc.).
This recording is made to meet legal and regulatory requirements applicable to financial markets, to secure transactions carried out, and to obtain proof of instructions given or procedures carried out.
Purposes and legal bases of personal data processing
Carmignac collects and processes personal data with the purposes (hereinafter the "Purposes") and according to the legal bases set out in this document.
Generally, Carmignac bases its processing:
on its need to meet legal and regulatory requirements, including (1) The relevant financial regulations pursuant to which Carmignac implements security measures with a view to preventing fraud; identifies unusual transactions; records telephone calls, discussions, emails where necessary, etc.; (2) Replying to official requests from duly authorised public or legal authorities; (3) Anti Money Laundering and Terrorist Financing; (4) KYC (“Know Your Customer”) obligations; (5) management of operational risk (including IT network security, client protection, internal control and supervision, transaction security); (6) obligations linked to determining clients’ tax status and complying with the associated tax regulations and the codes of conduct issued by French and international regulators; (7) ethical conduct and the fight against corruption; (8) data protection and, in a broad sense, obligations relating to managing and steering compliance risks.
in order to enter into an agreement with you or, at your request, contact you with a view to reaching an agreement: Carmignac uses your personal data to reach and honour its agreements, in particular to (1) Provide you with information on Carmignac products and services; (2) Help you and answer your questions; (3) Determine whether and under what conditions Carmignac could offer you a product or service; and (4) Provide products or services to business clients of Carmignac of which you are an employee or client.
on the pursuit of its legitimate interests: Carmignac uses your personal data for the purpose of launching and developing its products and services, optimising its risk management, protecting its rights, and also in order to: (1) Keep proof of procedures or transactions; (2) Manage information technology, including management of infrastructure (e.g. shared platforms), service continuity and IT security; (3) Produce anonymous statistical models and tests for research and development; (4) Customise the products or services that Carmignac offers or that Carmignac Group entities may offer: by improving the quality of Carmignac products, and offering products appropriate to your situation and profile.
on your consent: specifically: (1) Where the purposes described below lead to an automated decision having significant legal implications about you or affecting you; (2) If Carmignac processes data for purposes other than those described in this chapter; (3) For Carmignac’s marketing purposes.
The purposes, for which your Personal Data is collected, are described below, along with a brief description of how your Personal Data may be handled in each case.
Communicate with Carmignac.
We will follow up on your comments and any other requests that that you make through the Website, such as online questions, requests for meetings, business proposals, registration for events, event reminders and follow-up. This may include using your Personal Data to call you back by telephone or communicate with you via email and/or text message.
Direct marketing and promotion.
Direct marketing and/or promotional efforts by or on behalf of Carmignac may include providing you with specific information that you have requested online, providing more general information about other Carmignac offerings. When we collect Personal Data for direct marketing or promotional purposes, however, we generally offer appropriate choices regarding the use of your Personal Data.
Registering for and participating in events
If you register to take part in one of our events, we will ask you to provide personal and professional details such as your full name, title, department/job, the company you work for (if applicable) and your contact details (email address, landline and mobile telephone number, etc.). This will enable us to contact you about the event and share all the necessary information (organisation, access, participation, monitoring and assessment).
Maintaining the Website and conducting satisfaction surveys.
Carmignac uses your Personal Data to update and improve the Website. Carmignac also uses your Personal Data to carry out satisfaction surveys.
Compiling aggregated statistics.
Carmignac uses your Personal Data to produce anonymous and/or pseudonymised statistical models and tests for research and development, with a view to improving use of the Website as well as our range of existing or new products and services.
Profiling and automated decision-making
Carmignac processes data to conduct profiling: in other words, it processes data with a view to assessing certain personal characteristics (including your economic and financial circumstances and your capacity to invest). It does so for a variety of purposes but mainly to secure your operations, personalise the relationship, carry out direct marketing and better fulfil our obligations as regards managing and steering compliance risks. In the context of direct marketing, the processing entails analysing some of your data so as to propose products tailored to your circumstances and profile, and suited to your needs, expectations or situation.
However, Carmignac generally does not use automated decision. If we need to do so, we will comply with the applicable statutory and regulatory requirements.
Sharing your personal data with third parties
If necessary or useful to achieve our Purposes, Carmignac reserves the right to disclose personal data or to make personal data accessible to the following recipients, provided this is legally or otherwise authorised or required:
public/government authorities, courts, relevant authorities (e.g. financial supervisory authorities) or financial market actors (e.g. third-party or central depositories, brokers, stock markets and registers);
Carmignac Group entities, third-party data processors that process data on Carmignac’s behalf and/or to which Carmignac outsources certain tasks (outsourcing, CRM tool, event management services, marketing, emailing, IT service providers, etc.)
service providers/partners of Carmignac (e.g. its insurers and wealth management advisors);
auditors and legal advisors.
Carmignac’s practice is to require such recipients to handle personal data in accordance with Carmignac’s commitments in terms of personal data processing, confidentiality and security.
Carmignac may disclose your personal data in urgent circumstances to protect personal safety, the public or Carmignac’s websites. It is also possible that Carmignac may be required by law to disclose your personal data pursuant to judicial or other government subpoenas, warrants, or orders in any country where we do business.
Recording of telephone calls
Carmignac is the controller of personal data collected through telephone recordings in accordance with personal data protection regulations. Data is processed for the purposes of proof such that Carmignac may oversee its transaction process in accordance with the terms of its authorisations and is necessary for Carmignac to meet its legal and regulatory requirements. Data may in particular be used to facilitate checks on the conformity of transactions carried out or on instructions received. This data is kept for up to seven years after the telephone recording.
Transfers outside the European Union
In the event that your data is transferred outside the European Union, this transfer will take place on the basis of a decision rendered by the European Commission, where it has recognised that the country to which your data will be transferred ensures a level of protection equivalent to that existing in the European Union.
In the event that your data is transferred to a country where the level of protection of your data has not been recognised as adequate by the European Commission, Carmignac will put in place one of the following guarantees to ensure the protection of your personal data: standard contractual clauses approved by the European Commission.
In this context, Carmignac will verify the appropriate protection measures that could be applied by its service providers to the data, such as encryption or tokenisation.
Cookies are small pieces of data that a website sends to your computer’s web browser while you are navigating through it. They have many different purposes, but mainly, cookies enable you to navigate between pages easily, to remember your preferences, and eventually to improve the user experience. These cookies may then be stored on your machine to identify your computer.
Cookies can be “session” or “persistent” cookies: a session cookie is a cookie that is automatically deleted when the user closes the browser, whereas a persistent cookie is a cookie that remains stored in the user’s terminal device until it reaches a defined expiration date.
Cookies used on the Website have a maximum lifetime of 12 months.
1. Types of cookies
1.1 Strictly necessary cookies (“Operational”)
These cookies are essential to enable you to move around the Website and use its features, such as accessing secure areas of the Website. Without these cookies, services you have asked for cannot be provided.
These cookies allow a website to remember choices you make and provide enhanced, more personal features. These cookies cannot track your browsing activity on other websites.
They do not gather any information that could be used for advertising.
1.2 Performance cookies (“User experience Improvement”)
These cookies are used to collect information about how visitors use a website, for instance which pages they go to more often, and if they get error messages from web pages. All information collected by means of these cookies is anonymised, aggregated and only used to develop and track traffic patterns and the volume of use of the Website and to improve how the Website works.
Performance cookies can be analytical cookies. These cookies are used to store the URL address of previously visited web pages, thus making it possible to track the browsing of users coming from both outside and inside the Website. When you click on a Carmignac sponsored link from a third-party Website, a cookie may be placed on your computer to measure the reach of our adverts and be sure that they are being used effectively.
1.3 Targeting cookies (“Personalized offers”)
These cookies are used to deliver advertisements that are targeted to be relevant to you, limit the number of times you see an advertisement, and help measure the effectiveness of the advertising campaign. They remember that you have visited a website and this information.
1.4 Social media cookies (“Social media”)
The purpose of these cookies is to make the Website more user-friendly and interactive, by allowing you to interact with social networks (Facebook, Twitter, LinkedIn, etc.).
These cookies can, in particular, process data related to the number of contents shared through social networks, the fact that you have an account on a social media, the monitoring of your browsing on different sites, etc. These features are based on third-parties applications integrated into our site. The social network providing such an application button is likely to identify you using this button, even if you did not use this button when you visited our site. Indeed, this type of application button can allow the social network concerned to follow your browsing on your site, simply because your account on the social network concerned was activated on our terminal (open session) during your browsing on our site.
Carmignac invites you to read privacy policies of these social networks to make sure you are aware of the purposes of us, in particular advertising, of the browser information that they may collect through these application buttons. These protection policies must in particular allow you to exercise your choices with these social networks, in particular by setting up your user account for each of these networks. The use and storage of these cookies is possible with your consent.
1.5 Facebook, LinkedIn and Twitter Pixels
Carmignac uses Facebook, LinkedIn and Twitter Pixels to analyse the behaviour of website Users, create audiences and show targeted adverts based on your browsing history.
Pixel is an analysis program that measures the effectiveness of Carmignac’s advertising/marketing campaigns by tracking the action taken by visitors to the Carmignac website. Carmignac may use Pixel data to:
- ensure that Carmignac’s advertising/marketing campaigns are directed at the right people;
- track the performance of campaigns;
- develop audiences for Carmignac’s advertising/marketing campaigns;
- take advantage of Facebook’s additional advertising/marketing resources.
If you would like to learn more about data protection on Facebook, LinkedIn and/or Twitter, then we would advise you to read these companies’ own data policies at the following addresses:
- Facebook: https://www.facebook.com/policy.php
- LinkedIn: https://www.linkedin.com/legal/privacy-policy
- Twitter: https://twitter.com/en/privacy
Carmignac may use the Personal Data collected through these cookies to analyse the behaviour of Website users and provide more relevant content and information about Carmignac products.
Here is a list of the main cookies that Carmignac uses:
Google Analytics: cookies set by Google analytics are used for web analytical purposes, but are not used to track individual users. For further information on how Google Analytics collects and uses information on our behalf and the right to use such cookies, please refer to the Google Analytics products and services privacy statement. If you object to your Personal Data being collected by Google Analytics, you may download and install the Google Analytics Opt-out Browser Add-on.
Numberly: The cookies placed by Numberly are used to track your activity on the Website and to send you personalized content.
Wistia: Carmignac uses Wistia to host our videos on the Website. Carmignac only captures viewing data form anonymised videos.
LinkedIn Adds: Carmignac uses LinkedIn Adds to obtain anonymised data on the demographics of our visitors (age, employment type).
Facebook Connect: Carmignac uses Facebook Connect to access the performance of our advertising campaigns on the Facebook network.
3. Other non-cookie technologies:
Carmignac also enables the use of technologies that perform functions similar to cookies such as web beacons or other technologies that may be included in marketing email messages or newsletters in order to determine whether messages have been opened and links clicked on. Web beacons do not place information on your device but may work in conjunction with cookies to monitor website activity.
When you select the types of cookies that you allow on your device, these cookies may be placed by us directly or by one of our partners.
In practice, this means that when you allow certain “third-party” cookies to be stored on your device, our partners may also access the information that they contain (such as your browser data when you allow third-party analysis cookies) in accordance with our and our partners’ Personal Data Processing Policies.
You can use the cookie configuration panel, located at the bottom of the page “Privacy settings” in order to choose your preferences.
You can also generally set your browser to turn off cookies. To understand how to do this, please consult your browser’s “Tools” section, or any other similar heading.
Carmignac recommends that you leave the cookies active. If you block, turn off or otherwise reject them, some web pages may not be displayed properly or you will not be able to use any website services that require you to sign in.
If you object to having these cookies stored on your computer, you need to disable them. In order to do so, please follow the relevant instructions depending on your browser:
- If you use the Internet Explorer browser.
- If you use the Google Chrome browser
- If you use the Firefox browser.
- If you use the Safari browser.
Subject to the local legislation on data protection, you have the right:
- to request access to the personal data Carmignac holds and to receive a copy of it;
where applicable, to request correction of inaccurate personal data;
where applicable, to request the erasure of personal data when its Processing is no longer necessary to achieve the Purposes, or is not or is no longer lawful for other reasons, subject however, to the applicable data retention periods (see section “retention period” below);
where applicable, to request the limitation of the processing of your personal data;
where applicable, to object to the Processing of personal data, in which case Carmignac will no longer process the personal data, unless Carmignac has overriding legitimate reasons for doing so (e.g. the establishment, exercise or defence of legal claims);
if you have given your consent to the processing of your personal data, to withdraw your consent at any time
to request the portability of your data, i.e. the return of your personal data that you have provided to us or where technically possible, the transfer of these personal data to a third party;
to file a complaint with Carmignac Data Protection Officer (see section “Contact” hereunder) in connection with the Processing of personal data and, in the absence of a satisfactory answer, to file a complaint in connection with the Processing of said data with the relevant data protection authority.
Data security and integrity
Carmignac uses various technical and procedural security measures in order to protect the personal data we collect, use or transfer from loss, misuse, alteration or destruction. However, due to the open and unsecured nature of the internet, Carmignac cannot be held liable for the security of Personal Data transferred over the internet.
In principle, Carmignac retains personal data for as long as Carmignac needs in order to achieve the Purposes. Similarly, Carmignac will archive, delete or anonymise personal data (or will take equivalent measures) when it is no longer needed to achieve the stated purposes, albeit subject to (i) statutory or regulatory requirements applicable to the retention of Personal Data for a longer period; or (ii) in order to establish, exercise and/or defend real or potential claims in the context of legal action, investigations or similar procedures, including legal holds which we may impose in order to protect relevant information.
The Website may include links to external Websites. Carmignac does not make any representations or warranties with respect to such third-party websites. You should be aware that the owners and operators of such third-party websites may collect, use or transfer Personal Data under different terms and conditions than Carmignac. Upon linking to a third-party website, you should inform yourself of the privacy policies of such third-party websites.
For any question you may have about the use of your personal data, please send an email to firstname.lastname@example.org