Privacy Policy

DoubleLine Funds (Luxembourg) (“the Company”, “we”, “us”, “our”) are committed to protecting and respecting your privacy.

This Privacy Policy (together with our terms of use and any other documents referred to in it)(http://doublelineucits.com/terms-of-use/) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.  Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.  By visiting doublelineucits.com (“our site”) you are accepting and consenting to the practices described in this policy.

Data Protection

Any information (the “Personal Data”) relating to any identified or identifiable natural person who is a resident of the European Union (“EU”) and a Shareholder or who is a member, partner, shareholder, beneficial owner, officer, director, employee, or other representative of any Shareholder (together “the Data Subjects”), provided to, or collected by or on behalf of, the Company (whether directly from Data Subjects, third parties, or from publicly available sources) will be processed by the Company as data controller (the “Controller”) in compliance with applicable data protection laws, in particular Regulation (EU) 2016/679 of 27 April 2016, the “General Data Protection Regulation” and supplemental laws to the General Data Protection Regulation (together the “Data Protection Legislation”).

This Privacy Policy gives information regarding the treatment of the Personal Data under the Data Protection Legislation and describes the basis on which we process the Personal Data, for what purposes, and details about privacy rights under the Data Protection Legislation. Failure to provide certain requested Personal Data may result in the inability to invest in or maintain Shares of the Sub-Fund.

Purposes for Processing Personal Data

Personal Data will be processed by the Controller and may be disclosed to, and processed by, service providers acting as processors on behalf of the Controller (the “Processors”) for the purposes (the “Purposes”) of:

  • offering and managing investments and performing the related services;
  • developing and processing the business relationship with the Processors;
  • direct or indirect marketing activities;
  • carrying out our obligations arising from any contracts entered into between you and us and providing you with the information, products and services that you request from us;
  • notifying you of changes to our service;
  • administering our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
  • improving our site to ensure that content is presented in the most effective manner for you and your computer;
  • allowing you to participate in interactive features of our service, when you choose to do so; and
  • efforts to keep our site safe and secure.

The Bank of New York Mellon SA/NV, Luxembourg Branch serves as the administrator (the “Administration Agent”) for the Company.  The Administration Agent may process Personal Data relating to the Shareholder for the purposes of providing services to the Company and its Sub-Funds, performing its legal and regulatory obligations and conducting financial crime risk management and other activities, including disclosing those data to the Company and to third parties and transferring them internationally.  To the extent that the Administration Agent does so as a data controller, such processing is more fully described in the Administration Agent’s data privacy statement, a copy of which is available on request from the Administration Agent.

Prior to the transfer of any Personal Data relating to a Shareholder to the Administration Agent, the Management Company acting on behalf of the Company shall first inform the Shareholder of the Sub-Fund’s processing of their Personal Data as set out in the preceding paragraph; and the Administration Agent is entitled to process such Personal Data, as a processor or controller, as set out herein.

Personal Data will also be processed by the Controller and Processors to comply with legal or regulatory obligations applicable to them such as record retention regulations and cooperation with, or reporting to, public authorities including but not limited to legal obligations under applicable fund and company law, anti-money laundering and counter terrorist financing (AML-CTF) legislation, prevention and detection of crime, and applicable tax laws or tax identification legislation to prevent tax evasion and fraud (the Compliance Obligations”).

The Controller and/or the Processors may be required to report information (including name and address, date of birth, U.S. tax identification number (TIN), account number, balance on account, the “Tax Data”) to tax authorities which may exchange this information with the competent authorities in permitted jurisdictions (including outside the European Economic Area (“EEA”) and UK) for the purposes provided for in applicable tax legislation.  In these cases, it may be mandatory to answer questions and requests with respect to the Data Subjects’ identification and Shares held in the Sub-Fund and the failure to provide relevant Personal Data requested by the Controller or the Processors may result in incorrect or double reporting, prevent the applicable Data Subjects from acquiring or maintaining their Shares of the Sub-Fund, and may be reported to the relevant tax authorities.

In certain circumstances, the Processors may also process Personal Data of Data Subjects as controllers, in particular for compliance with their legal obligations in accordance with laws and regulations applicable to them (such as anti-money laundering identification and record retention) and/or order of any competent jurisdiction, court, governmental, supervisory or regulatory bodies, including tax authorities. Communications (including telephone conversations and e-mails) may be recorded by the Controller and Processors including for record keeping as proof of a transaction or related communication in the event of a disagreement and to enforce or defend the Controller’s and Processors’ interests or rights in compliance with any legal obligation to which they are subject. Such recordings may be produced in court or other legal proceedings and permitted as evidence with the same value as a written document and will be retained for such period as required by the applicable legislation or regulation. The absence of recordings may not be used in any way against the Controllers or Processors.

Personal Data of Data Subjects may be transferred outside of the EEA/UK to parties in countries that are not subject to privacy and data protection regulations as protective or comprehensive as the Data Protection Legislation.  If we transfer Personal Data of Data Subjects outside of the EEA/UK, we will take commercially reasonable measures to ensure that it is protected and transferred in a manner consistent with legal requirements applicable to the information. This can be done in a number of different ways, for instance:

  • the country to which we send the Personal Data may have been assessed by the European Commission as providing an “adequate” level of protection for Personal Data;
  • the recipient may have signed a contract based on standard contractual clauses approved by the European Commission; or
  • where the recipient is located in the U.S., it may be a certified member of the EU-U.S. Privacy Shield scheme.

In other circumstances, the law may permit us to otherwise transfer Personal Data outside the EEA/UK. In all cases, however, we will take commercially reasonable measures to transfer Personal Data in compliance with applicable data protection law.

Insofar as Personal Data is not provided by the Data Subjects themselves, the Shareholders represent that they have authority to provide such Personal Data of other Data Subjects.  If the Shareholders are not natural persons, they undertake and warrant to (i) adequately inform any such other Data Subject about the processing of their Personal Data and their related rights as described below and in this Privacy Policy and (ii)

where necessary and appropriate, obtain in advance any consent that may be required for the processing of the Personal Data.  Personal Data of Data Subjects will not be retained for longer than necessary with regard to the Purposes and Compliance Obligations, in accordance with applicable laws and regulations, subject always to applicable legal minimum retention periods.

The Controller and Processors take seriously the obligation to safeguard Personal Data.  Physical, electronic, and procedural safeguards are maintained to protect against unauthorized access to Personal Data. Detail of the IT security measures are set out in the Privacy and Information Security Policy. Commercially reasonable efforts shall be used to restrict access to the Personal Data to those members, officers, employees, and other workers of the Controller and Processors who need access to that information.  All of these employees and service providers shall be required to maintain the confidentiality of the Personal Data.

IP Addresses and Cookies

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information.  This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.

For the same reason, we may obtain information about your general internet usage by using a cookie file that is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us to:

  • estimate our audience size and usage pattern;
  • store information about your preferences, and so allow us to customise our site according to your individual interests;
  • speed up your searches; and
  • recognise you when you return to our site.

You may refuse to accept cookies by activating the setting on your browser that allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site.

Data Subject Rights

Data Subjects have certain rights in relation to Personal Data relating to them in accordance with and subject to the Data Protection Legislation including:

  • the right to access and port Personal Data;
  • the right to rectify Personal Data;
  • the right to restrict the use of Personal Data;
  • the right to request that personal information is erased; and
  • the right to object to processing Personal Data.

Furthermore, Data Subjects have the right to lodge a complaint with the relevant data protection supervisory authority in their country of residence and the right to withdraw consent after it was given, where applicable.  Although you have the right to request that your personal information be deleted at any time, applicable laws or regulatory requirements may prohibit us from doing so.

If you wish to exercise any of the rights set out above, please contact DoubleLine_LuxTA@bny.com.

Changes to This Privacy Policy

This Privacy Notice may be changed from time to time at the sole discretion of the Controller. The most current version will be posted on this page. Please check back frequently to see any updates or changes to the Privacy Policy.

Contact

Questions, comments and requests regarding this privacy policy are welcome and should be addressed to DoubleLine_LuxTA@bny.com.