24 May 2018
This document is important and requires your immediate attention. If in doubt, you should seek independent professional financial advice.
PRIVACY STATEMENT OF MATTHEWS ASIA FUNDS
Capitalized terms not otherwise defined herein shall bear the same meaning as in the Prospectus.
Luxembourg, 24 May, 2018
We are writing to inform you that the Company has decided to update the data protection policy of the Fund in order to comply with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR).
You are informed that any personal data that is furnished in connection with an investment in the Fund may be held on computers and processed by the Fund, acting as data controller.
Personal data processed may include: investor’s name, investor’s address, tax identification number(s) of the investor, date and place of birth of the investor, account number of the investor or its functional equivalent (if the investor is a legal person, the same categories of personal data may be processed in relation to its contact person(s) and/or beneficial owner(s)) (the “Personal Data”).
You are hereby informed that you may refuse to communicate your Personal Data to the Fund, in this case however, the Fund may reject your request for shares in the Fund.
Personal Data may be processed for the purposes of (i) carrying out the services required by the investor, (ii) administering the holdings in the Fund, (iii) maintaining the register of investors, (iv) complying with the Fund’s legal obligations, including its obligations under applicable company law and anti-money laundering legislation as well as other applicable regulation like the FATCA Law and the CRS Law (as defined below under section “Taxation – 4. FATCA and CRS”).
Personal Data may also be transferred to other entities, such as the Investment Manager, Global Distributor, Administrative Agent, Distributors or their delegates, acting as data processors (the “Data Processor(s)”). The Data Processors shall only act on documented instruction from the Fund.
Personal Data shall be disclosed to third parties where necessary for legitimate business interests only. This may include disclosure to the Depositary, which may, as the case may be, process Personal Data as Data Processor (when processing Personal Data upon the Fund’s instructions, to assist the Fund in the context of the aforementioned purposes) or as distinct data controller (when processing Personal Data for its own purposes), and to third parties such as auditors, regulators, and agents of the Investment Manager, Global Distributor, Administrative Agent, or Distributors (the “Recipient(s)”) who process such Personal Data for the purposes of surveillance of market timing activities, for anti-money laundering purposes, for compliance with foreign regulatory requirements, or for assisting the Data Processors in providing their services to the Fund.
No Personal Data shall be disclosed by the Processors and/or Recipients to third parties without prior specific written authorization of the Fund.
By subscribing to the Fund, you are informed of the transfer of their Personal Data and the disclosure of your Personal Data by the Fund, its Processors and/or Recipients, to companies situated in countries outside of the European Economic Area, which may or not offer an adequate level of protection, especially the United States of America. In such cases, said transfers shall be made on the basis of adequate contractual arrangements, which may take the form of the European Commission “Model Clauses”. A copy of such “Model Clauses” may be obtained by writing to the Fund at 80, route d’Esch, L-1470 Luxembourg, or at email@example.com. Further details with respect to the companies to which Personal Data might be disclosed as well as the related processes/treatments involving such data can be found in the Matthews’ subscription form.
Personal Data may also be disclosed to the Luxembourg tax authorities, which in turn may acting as data controller, disclose the same to foreign tax authorities.
You are also informed that under certain conditions set out by the Data Protection Law, you have the right (i) to request access to your Personal Data, (ii) to ask for rectification thereof in cases where such Personal Data are inaccurate and/or incomplete, (iii) to object to the processing of your Personal Data, (iv) to ask for deletion of such data, and (v) to ask for data portability.
In relation thereto, you may exercise the above rights by writing to the Fund at the following address: route d’Esch, L-1470 Luxembourg, or at firstname.lastname@example.org. You have also a right to lodge a complaint with the Luxembourg data protection Authority (CNPD).
Personal Data shall not be held for longer than necessary with regard to the purpose of the data processing, subject to statutory periods of limitation.
You are informed that the Fund and its Processors may tape-record phone conversations with their agents. You are also informed of the use of such tape recordings by the Fund and/or its Processors in legal proceedings as the case may be.
The Fund draws your attention to the fact that you will only be able to fully exercise your rights directly against the Fund, notably the right to participate in general shareholders’ meetings if you are registered in the shareholders' register of the Fund. If you have invested in the Fund through an intermediary investing into the Fund in its own name but on your behalf, it may not always be possible for you to exercise certain shareholder rights directly against the Fund. You are advised to seek a professional advice on your rights.
Matthews Asia Funds