This webpage is comprised of the following privacy policies: (1) Privacy & Cookie Policy – General, which is the privacy policy applicable to clients, prospective clients, and website users; and (2) Privacy Policy – Employee and Contractor, which is the privacy policy applicable to our employees and contractors.
Last Updated: November 2023
This Privacy & Cookie Policy (this “Policy”) is in accordance with the General Data Protection Regulation (Regulation (EU) 2016/679) and sets out how Fisher Investments Luxembourg Sàrl, trading as Fisher Investments Europe, and its branches (collectively, the “Company”), uses Personal Data relating to the following natural people (“Individuals”):
In this Policy, “Personal Data” means any information about identified or identifiable Individuals. The Company is committed to privacy and will use Individuals’ Personal Data only in accordance with this Policy.
The Company can be contacted about this Policy using the following details:
Fisher Investments Luxembourg, Sàrl
trading as Fisher Investments Europe
Attn: Data Protection Officer
2a, rue Albert Borschette
L-1246 Luxembourg
privacy@fisherinvestments.lu
+352 2786 7320
The Company processes the following types of Personal Data for the following categories of Individuals:
The Company processes Individuals’ Personal Data for the following purposes, and upon the legal bases set out in the table below.
|
Purpose for which the Company uses Personal Data |
Legal Basis upon which the Company relies |
|
To assess suitability and design an investment strategy recommendation or insurance mandate recommendation This includes providing financial analysis. |
The Company can use Personal Data for this purpose because it is necessary to perform a contract to which the Individual is a party or to take steps at the request of the Individual prior to entering into a contract. The Company can also use Health Data for this purpose where Individuals have consented to it. |
|
To provide discretionary investment management services or insurance brokerage services |
The Company can use Personal Data for this purpose because it is necessary to perform a contract to which the Individual is a party. In some cases, the Company has a legitimate interest in using an Individual’s Personal Data for this purpose, such as when communicating with representatives of an organisational client or when a client brings a guest to a Company event. |
|
To offer and coordinate third party products or services that supplement the Company’s services |
The Company can use Personal Data for this purpose because it is necessary to perform a contract to which the Individual is a party or to take steps at the request of the Individual prior to entering into a contract. |
|
To carry out direct marketing This includes sending mail and emails to Individuals on lists rented from third party list vendors. It also includes following up and sending promotional material by email, phone or mail to Individuals who requested informational materials and ongoing insights on financial and investment matters and related services. |
The Company can use Personal Data for marketing to Individuals where Individuals have consented to it. In addition, given the Company’s legitimate interest in promoting its business, the Company can use Personal Data for marketing to: (i) Individuals who previously requested informational materials from the Company or its affiliates (collectively, the “Fisher Group”); and (ii) Individuals representing organisational prospective clients. |
|
To optimise marketing This includes analysing website visits to the Company’s websites and the number of clicks through the pages to request informational materials. It also includes using cookies to display the Company’s online advertisements to individuals who may be more likely to be interested. |
The Company can use Personal Data for this purpose where Individuals have consented to them. In addition, given the Company’s legitimate interest in promoting its business, the Company can use Personal Data to market to people with interests similar to the individuals. |
|
To conduct market research This includes conducting market research to ask Individuals about their marketing, investment and servicing preferences. |
The Company can use Personal Data for this purpose where Individuals have consented to it. In addition, the Company can also use some Personal Data for this purpose because it is in the Company’s legitimate interest to invite Individuals to participate in market research. |
|
To contact Individuals referred to the Company |
The Company can use Personal Data for this purpose because it is in the Company’s legitimate interest to contact Individuals who permitted the referring party to provide their Personal Data to the Company. |
|
To calculate portfolio performance |
The Company can use Personal Data for this purpose because it is in the Company’s legitimate interest to calculate portfolio performance. |
|
To meet the Company’s obligations under Applicable Law This includes monitoring the advice process, keeping records of telephone calls, verifying identity of individuals, and conducting sanctions and anti-money laundering checks, which may reveal data concerning criminal convictions or offences. |
The Company can use Personal Data for this purpose to comply with applicable financial and insurance services laws and regulations (including, without limitation, MiFID II, CDR 2017/565 and laws and regulations of the Commission de Surveillance du Secteur Financier and Commissariat aux Assurances (“Financial Services Laws”)), AML Laws, and other applicable laws and regulations (collectively, “Applicable Law”). In addition, the Company can use Personal Data for this purpose beyond the legally mandated record retention period because it is in the Company’s legitimate interest to keep data for as long as the statute of limitations so that the Company can enforce and defend its legal rights. |
|
To share data with regulators and law enforcement officials This includes sharing information with the Commission de Surveillance du Secteur Financier, Commissariat aux Assurances, the National Data Protection Commission, the Luxembourg Inland Revenue, other regulatory, law enforcement, and similar authorities applicable to the Fisher Group, as required. |
The Company can use Personal Data for this purpose where required to comply with Applicable Law. |
|
To share data with courts and tribunals |
The Company can use Personal Data for this purpose because it is in the Company’s legitimate interest to enforce and defend its legal rights. |
|
To train, monitor, and supervise internal staff This includes training and surveying employees, recording and monitoring certain telephone calls, voicemails, and other computer or telecommunication activies. |
The Company can use Personal Data for this purpose because it is in the Company’s legitimate interest to train and supervise its workforce to offer the best possible service. |
|
To engage with service providers and vendors This includes making payments and contacting business contacts at service providers and vendors using their business contact information. |
The Company can use Personal Data for this purpose for its legitimate interest in engaging with its service providers and vendors. |
|
To suppress Individuals from being contacted |
The Company can use limited Personal Data for this purpose because it is in the Company’s legitimate interest to refrain from contacting Individuals who have requested not to be contacted or who the Company believes should not be contacted. |
|
To enhance security of Company facilities This includes the use of video surveillance equipment. |
The Company can use limited Personal Data for this purpose because it is in the Company’s legitimate interest to secure its facilities. |
Where the Company has relied upon its ‘legitimate interest’ as a legal basis for a particular purpose, it has performed a ‘balancing test’ to ensure that Individuals’ rights and interests are taken into account when their Personal Data is used. Further information on the balancing test can be obtained by contacting the Company’s Data Protection Officer.
Where the Company needs to collect Personal Data to comply with a legal obligation, or under the terms of a contract or upon request prior to entering a contract, and the Individual does not provide such data, the Company may not be able to provide services and may need to cancel the contract. Similarly, if an Individual does not consent to providing Health Data for the purpose described above, the Company may not be able to provide services and may need to cancel the contract. The Company will notify the Individual if this is the case at the time. If an Individual requesting informational materials and ongoing insights does not consent to receiving the same, the Company will not be able to provide such materials and insights.
The Company will not sell or lease Individuals’ Personal Data to third parties.
For the purposes listed in Section 3 above, the Company may share Individuals’ Personal Data with:
FI, FI UK and/or FII (the “Outsourced Fisher Companies”) act as service providers of marketing, human resources, finance, information technology, legal support services, and investment sub-management and trading functions to the Company. In these capacities, the Outsourced Fisher Companies may have access to Personal Data collected and used by the Company.
Where the Company transfers Personal Data to a data recipient in a jurisdiction outside of the EEA where the laws do not provide an equivalent level of data protection as the country in which the Individual initially provided the data, the Company and the data recipient will make the transfer in accordance with standard contractual clauses approved by the European Commission (“Model Clauses”). Prior to such transfer, the Company will assess and confirm that the protections of the Model Clauses are effective in light of the legal regime in the data recipient’s jurisdiction and, if necessary, adopt supplementary technical, organisational, or contractual measures. For more information on Model Clauses, please visit https://commission.europa.eu/publications/standard-contractual-clauses-international-transfers_en.
Concerning Personal Data transferred to the United Kingdom, if the European Commission has issued a decision that the UK legal regime provides an adequate level of data protection (an “Adequacy Decision”), the Company can transfer Personal Data to recipients in the UK without the need for additional safeguards. In the event the European Commission has not issued an Adequacy Decision for the UK, the Company and the recipient in the UK will make the transfer in accordance with the Model Clauses, as described above.
Please contact the Company using the contact details in Section 1 above with any questions about the legal safeguards in place to protect Personal Data when transferred outside the EEA (including how to obtain a copy or consult these safeguards).
In accordance with applicable data protection laws, Individuals who consent to the Company using their Personal Data may withdraw that consent at any time. Individuals may do so via the Company’s online form at https://www.fisherinvestments.com/en-lu/campaigns/unsubscribe/zu or using the details set out in Section 1 above.
When doing so, Individuals should:
Individuals may also unsubscribe from direct email marketing via the Company’s online form at https://www.fisherinvestments.com/en-lu/unsubscribe.
In accordance with applicable data protection laws, Individuals may exercise the following rights in relation to the Personal Data that the Company holds about them:
To exercise these rights, Individuals should contact the Company using the details set out in Section 1 above. In such case, Individuals should ensure that the full name and address and/or email address are provided in exactly the form in which they were originally provided to the Company to avoid any possible confusion with a different Individual. If Individuals are not satisfied with the way the Company handles the request, they may lodge a complaint with the supervisory authority in the country where that Individual lives or works, or the country where the Individual believes the infringement took place.
The Company is committed to ensuring that Personal Data is secure. In order to prevent unauthorised access or disclosure, the Company has put in place appropriate physical, electronic and managerial procedures to safeguard and secure Personal Data collected. The Company also uses encryption when collecting or transferring sensitive data.
A cookie is a small text file with an identification tag that is created and downloaded to a user’s computer (or other device) when accessing websites that use cookies. Cookies allow a website to, among other things, store and retrieve information about a user’s online activity and browsing habits. Depending on the information they contain and user behaviour, cookies may be used to identify the user.
Cookies can be categorised by who places them:
Cookies can also be categorised by their duration:
Lastly, cookies can be categorised by the function they serve. The Company uses the following types of first- and third-party cookies:
The Company uses first- and third-party required, statistical, marketing and preferences cookies. The following vendors load cookies on this website:
For further information on cookies and to manage them, please click here.
Some browsers have a “Do Not Track” setting that allows users to send a signal to the websites they visit that the user does not wish to be tracked. The Company’s website does not respond to these signals.
Personal Data relating to Individuals who are clients of the Company (meaning any Individual who has received an investment strategy recommendation or insurance mandate recommendation or has retained the Company as discretionary investment manager or insurance broker) will be kept for the duration of the client relationship plus ten years in order for the Company to satisfy its recordkeeping obligations under applicable Financial Services Laws, as well as to enforce or defend its legal rights. Information on identity verification and sanctions and anti-money laundering checks will be kept for the duration of the client relationship plus five years in order for the Company to satisfy its recordkeeping obligations under applicable AML Laws. Recordings of telephone calls will be retained for a period of five years in order for the Company to satisfy its recordkeeping obligations under applicable Financial Services Laws. Information of prospective clients that are Individuals will be kept for a period of five years from the date the Individual consented to direct marketing or until the Individual requests earlier erasure of their information. However, where an Individual consents to have their information retained by the Company to receive ongoing information and insights (subscription) from the Company, their information will be kept until they opt out unless they did not receive a regular opportunity to opt out in which case such information will be retained for five years from consent. In some cases, such general retention periods may be extended for up to ten years for some Individuals who are in more advanced discussions with the Company or have had regular interactions or meetings with the Company about its investment management services, unless the Individual requests earlier erasure of their information. Information collected for the purposes of conducting market research will be kept for up to two years following such research, unless the Individual requests earlier erasure of their information. Contact information for vendors/service providers and contact information for Individuals on suppression lists (i.e., name, address, email address and/or phone number) will be retained indefinitely.
The Company maintains a presence on various social media platforms. The terms and conditions set by the operators of the various platforms apply to the Company and any Individuals who interact with the Company through the platforms. These platforms collect and analyse interests expressed by their users and combine it with information provided by the Company to optimise marketing. More information about each of the privacy practices of these social media platforms is available below, including information about interest-based advertising.
From time to time, the Company may use Personal Data for new, unanticipated uses not previously disclosed in this Policy to the extent permitted by law. If its practices regarding Personal Data change at some time in the future, the Company will post the policy changes to https://www.fisherinvestments.com/en-lu/privacy.
This Employee and Contractor Privacy & Cookie Policy (“Policy”) is in accordance with the General Data Protection Regulation (Regulation (EU) 2016/679) and sets out how Fisher Investments Luxembourg Sàrl, trading as Fisher Investments Europe, and its branches (collectively, the “Company”), uses Personal Data relating to the following natural people (“Individuals”):
In this Policy, “Personal Data” means any information about identified or identifiable Individuals. The Company is committed to privacy and will use Individuals’ Personal Data only in accordance with this Policy.
The Company can be contacted about this Policy using the following details:
Fisher Investments Luxembourg, Sàrl
trading as Fisher Investments Europe
Attn: Data Protection Officer
2a, rue Albert Borschette
L-1246 Luxembourg
privacy@fisherinvestments.lu
+352 2786 7320
The Company processes the following types of Personal Data for Individuals:
Personal Data are collected mainly from Individuals themselves. In addition, the Company collects reference check information from previous employers of (or companies to which services were provided by) Individuals. Background check information, which may reveal data concerning criminal convictions or offences, is collected from Sterling Talent Solutions UK Limited (“Sterling”), a background checking firm that collects Personal Data from both public and private sources with consent of the Individual.
a. Purposes and Lawful Bases
The Company processes Individuals’ Personal Data for the following purposes, and upon the legal bases set out in the table below.
|
Purpose for which the Company uses Personal Data |
Legal Basis upon which the Company relies |
|
To manage the recruitment process This includes making decisions about hiring Employees or engaging Contractors, arranging travel, and reimbursing expenses. |
The Company can use Personal Data for this purpose because it is necessary to take steps at the request of the Individual prior to entering into a contract. |
|
To market employment opportunities at the Company This includes contacting candidates by email, phone or mail who have consented to be considered for future employment or engagement opportunities. |
The Company can use Personal Data for this purpose with the consent of the Individual. |
|
To make decisions about Individuals’ fitness for work This includes making decisions about Individuals’ competence and qualifications to carry out roles, including conducting background checks on candidates for employment or engagements. |
The Company can use Personal Data for this purpose where required to comply with legal obligations to which the Company is subject, including the Markets in Financial Instruments Directive 2014/65/EU (“MiFID II”) and laws and regulations of the Commission de Surveillance du Secteur Financier and Commissariat aux Assurances and other applicable financial services regulators (collectively, “Financial Services Laws”). |
|
To administer the Company’s relationship with Individuals This includes administering payroll, processing invoices and reimbursements, providing support services, and, if relevant, pension, medical insurance and similar benefits. |
The Company can use Personal Data for this purpose because it is necessary to perform a contract to which the Individual is a party. |
|
To fulfilling legal obligations This includes verifying identify and work authorization, complying with social security and tax requirements, and providing information to governmental and quasi-governmental bodies and law enforcement agencies. |
The Company can use Personal Data for this purpose where required to comply with Financial Services Laws and other applicable laws. |
|
To obtain work authorisation or visas for Employees |
The Company can use Personal Data for this purpose because it is necessary to take steps at the request of the Employee. |
|
To train, evaluate performance and recognise Employees and Contractors This includes training and surveying Individuals, monitoring and analysing performance, carrying out performance reviews, and making decisions about recognition, rewards, discipline and termination. |
The Company can use Personal Data for this purpose because it is in the Company’s legitimate interest to evaluate its Employees and Contractors, and to give Individuals opportunities to improve performance. |
|
To administer Employees’ sick leave and absence The Company may ask for, and Employees may need to provide, Health Data where such information impacts the Employee’s ability to perform his or her role. |
The Company can use Personal Data for this purpose where required to comply with employment laws or to protect the health and safety of employees or others. |
|
To monitor Employees and Contractors This includes monitoring the advice process, recording and monitoring certain telephone calls, supervising Employees and Contractors, including monitoring emails, voicemails and other activities as recorded on computer, telecommunications and security systems, and carrying out the Company’s compliance plan. |
The Company can use Personal Data for this purpose where required to comply with Financial Services Laws. In addition, the Company has a legitimate interest in using personal data for the purpose of supervising employee activity. |
|
To monitor systems This includes monitoring emails, voicemails and other activities as recorded on computer, telecommunications and security systems, and carrying out the Company’s compliance plan. |
The Company has a legitimate interest in using Personal Data for the purposes of ensuring network and information security. |
|
To provide references to future employers and other third parties This includes providing employment or earnings confirmation letters to banks, mortgage lenders and landlords at the request of the Individual. |
The Company can use Personal Data for this purpose where required to comply with Financial Services Laws or with the consent of the Individual. |
|
To keep records |
The Company can use Personal Data for this purpose where required to comply with Financial Services Laws and other applicable laws. In addition, the Company can use Personal Data for this purpose beyond the legally mandated record retention period because it is in the Company’s legitimate interest to keep data for as long as the statute of limitations so that the Company can enforce and defend its legal rights. |
|
To share data with courts and tribunals |
The Company can use Personal Data for this purpose because it is in the Company’s legitimate interest to enforce and defend its legal rights. |
|
To use photos and contact information to enable effective communication across the Fisher Group |
The Company can use Personal Data for this purpose because it is in the Company’s legitimate interest to ensure effective communication across the Fisher Group. |
|
To use images and recordings to promote the Company in internal and external materials and advertising |
The Company can use Personal Data for this purpose with the consent of the Individual. |
|
To conduct candidate research This includes conducting market research to ask about recruitment and servicing preferences. |
The Company can use Personal Data for this purpose when the Company has a legitimate interest in doing so. |
|
To enhance security of Company facilities This includes the use of video surveillance equipment. |
The Company can use limited Personal Data for this purpose because it is in the Company’s legitimate interest to secure its facilities. |
Where the Company has relied upon its ‘legitimate interest’ as a legal basis for a particular purpose, it has performed a ‘balancing test’ to ensure that Individuals’ rights and interests are taken into account when their Personal Data is used. Further information on the balancing test can be obtained by contacting the Company’s Data Protection Officer.
b. If Employees/Tied Agents fail to provide Personal Data
Failure of an Individual to provide Personal Data to the Company, in whole or in part, could make it impossible for the Company to fulfil some or all of its obligations towards the Individual, such as payment of compensation or fees, calculation of withholdings, or consideration of an employment application.
The Company will not sell or lease Individuals’ Personal Data to third parties.
For the purposes listed in Section 3 above, the Company may share Personal Data with:
FI, FI UK and/or FII (the “Outsourced Fisher Companies”) act as service providers of marketing, human resources, finance, information technology, legal support services, and investment sub-management and trading functions to the Company. In these capacities, the Outsourced Fisher Companies may have access to Personal Data collected and used by the Company.
b. What safeguards are in place where Personal Data is transferred outside of the EEA?
Where the Company transfers Personal Data to a data recipient in a jurisdiction outside of the EEA where the laws do not provide an equivalent level of data protection as the country in which the Individual initially provided the data, the Company and the data recipient will make the transfer in accordance with standard contractual clauses approved by the European Commission (“Model Clauses”). Prior to such transfer, the Company will assess and confirm that the protections of the Model Clauses are effective in light of the legal regime in the data recipient’s jurisdiction and, if necessary, adopt supplementary technical, organisational, or contractual measures. For more information on Model Clauses, please visit https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en.
Concerning Personal Data transferred to the United Kingdom, if the European Commission has issued a decision that the UK legal regime provides an adequate level of data protection (an “Adequacy Decision”), the Company can transfer Personal Data to data recipients in the UK without the need for additional safeguards. In the event the European Commission has not issued an Adequacy Decision for the UK, the Company and the recipient in the UK will make the transfer in accordance with the Model Clauses, as described above.
Please contact the Company using the contact details in Section 1 with any questions about the legal safeguards in place to protect Personal Data when transferred outside the EEA (including how to obtain a copy or consult these safeguards).
In accordance with applicable data protection laws, Individuals who consent to the Company using their Personal Data may withdraw that consent at any time. Individuals may do so using the details set out in Section 1 above.
When doing so, Individuals should:
In accordance with applicable data protection laws, Individuals may exercise the following rights in relation to the Personal Data that the Company holds about them:
The Company is committed to ensuring that Personal Data is secure. In order to prevent unauthorised access or disclosure, the Company has put in place appropriate physical, electronic and managerial procedures to safeguard and secure Personal Data collected. The Company also uses encryption when collecting or transferring sensitive data.
A cookie is a small text file with an identification tag that is created and downloaded to a user’s computer (or other device) when accessing websites that use cookies. Cookies allow a website to, among other things, store and retrieve information about a user’s online activity and browsing habits. Depending on the information they contain and user behaviour, cookies may be used to identify the user.
Cookies can be categorised by who places them:
Cookies can also be categorised by their duration:
Lastly, cookies can be categorised by the function they serve. The Company uses the following types of first- and third-party cookies:
The Company uses first- and third-party required, statistical, marketing and preferences cookies. The following vendors load cookies on this website:
Some browsers have a “Do Not Track” setting that allows users to send a signal to the websites they visit that the user does not wish to be tracked. The Company’s website does not respond to these signals.
The websites used by the Company for job postings and submitting applications have their own privacy and cookie policies, which are listed below:
Personal Data relating to Individuals who have entered into an employment or contractor agreement with the Company will generally be kept for the duration of the employee or contractor relationship plus seven years in order for the Company to satisfy its recordkeeping obligations under Financial Services Laws and other applicable law, as well as to enforce or defend its legal rights. An Individual’s Personal Data that forms part of the records of clients may need to be kept for a longer period to satisfy the Company’s recordkeeping obligations under Financial Services Laws with respect to such client records as set out in the Company’s separate Privacy & Cookie Policy. Recordings of telephone calls will be retained for a period of five years in order for the Company to satisfy its recordkeeping obligations under applicable Financial Services Laws. Personal Data relating to candidates will generally be kept for a period of up to one year from the date of collection or the date of rejection. Where a candidate consents to have Personal Data retained by the Company for consideration for future positions with the Company, it will be kept for five years unless the Individual requests earlier erasure of their information.
The Company maintains a presence on various social media platforms. The terms and conditions set by the operators of the various platforms apply to the Company and any Individuals who interact with the Company through the platforms. More information about each of the various platforms is available below.
From time to time, the Company may use Personal Data for new, unanticipated uses not previously disclosed in this Policy to the extent permitted by law. If its practices regarding Personal Data change at some time in the future, the Company will post the policy changes to https://www.fisherinvestments.com/en-lu/privacy.
