Guidelines on the processing of personal data at Jyske Invest
General duty of disclosure
According to the General Data Protection Regulation, you are entitled to be informed about how and when your personal data relating to you being an investor of an association administered by Jyske Invest Fund Management A/S are processed and/or disclosed. The guidelines are maintained also with a view to complying with S.122 of the Danish Financial Business Act and as part of our Fund Governance policy.
The guidelines applicable are available at the websites jyskeinvest.com/jyskeportefolje.dk under Information.
1. Who are we?
Jyske Invest Fund Management A/S is approved by the Danish FSA as an investment management company to manage collective investments. We are GIPS certified and follow the recommendations about Fund Governance laid down by "Investering Danmark" (Finance Denmark) as additional security for our investors.
Each association of the Jyske Invest Group has entered into an administration agreement with Jyske Invest Fund Management A/S, and as a consequence of this, being the data protection compliance officer, the company must fulfil the association's obligations towards investors of the association, for instance, by stating, how the investors' personal data are collected, processed and disclosed. In relation to the individual investor of the association, it is therefore the association in question that is the data protection compliance officer.
2. Collection and processing of data
When you become an investor of one of the associations of the Jyske Invest Group – you are, in principle, not obliged to register personal data unless you want to register your investments in your name through the Danish Securities Centre, VP Securities A/S (hereinafter VP), and the register of investors of the association.
If you register in the register of investors of the association, you will automatically have a right to vote when motions are proposed at general meetings.
We will typically collect information about you from VP, such as name, postal address, email address, custody account number and ownership share if you have registered in the register of investors of the association in order to hold general meetings, send any newsletters and other publications and relevant marketing material also about new investment opportunities - and to be able to administer your investor rights.
Generally, Jyske Invest does not collect and process sensitive personal data about you. However, if you have yourself provided us with material containing sensitive personal data - for instance, data relating to your state of health given in an email - we will consider this your acceptance that we may store such data. We will not, however, use such data in other contexts.
We store this information as long as it is necessary in relation to the purposes that were the reason behind the collection, processing and storing of your data.
3. Collection of information from our website via electronic trails (cookies)
These data are used to optimise the efficiency and user-friendliness of the website. The information is used as general statistics and cannot be linked to individuals. We use a system tool which via cookies registers behaviour. The tool will not gain knowledge of your personal data, but it may give access to correlate your use with other information on a generally statistical level.
4. Basis for data processing
The legal framework for our processing of your data is the financial regulation, including
- the Danish Executive Order on Management and Control of banks, etc. and administration of Danish UCITS
- the executive order on beneficial owners
- the Danish Act on Measures to Prevent Money Laundering and Financing of Terrorism and
- the Danish data protection act and the General Data Protection Regulation.
Moreover, we will process your information if necessary due to an agreement you have entered into or if you have given your consent, cf. Article 6(1), paragraphs a and b of the General Data Protection Regulation or if one of the other rules on the processing of data of Article 6(1) and Article 9 of the General Data Protection Regulation apply.
Finally, we will process your information when this is necessary to pursue a legitimate interest. This may, for instance, be for protection against unauthorised use and loss, for the fulfilment of investor rights and for direct marketing purposes.
5. Disclosure and transfer of data
We disclose usual client information to Jyske Bank A/S which is subject to a statutory duty of confidence. We do this to the extent necessary to administer your affairs as an investor in relation to us.
We will also disclose information about you to public authorities to the extent we are obliged to do so according to the law, including the Danish Act on Measures to Prevent Money Laundering and Financing of Terrorism and the Danish executive order on beneficial owners.
In connection with IT development, hosting and support, personal data may be transferred to a data processor, among others to JN Data, which is our data processing centre. In this connection, we use a number of legal mechanism, including Processor Agreements, to ensure that your rights and protection level follow your data.
6. Our duty of confidentiality and your right of access to information
Our employees are under a duty of confidentiality and are not allowed to disclose information which has come to their knowledge in the course of their employment unless authorised to do so.
You are entitled to know which data we process about you, where it derives from and for which purpose it is used. Also, you may be informed of how long we store your data and the recipients of your data.
However, access to such information can be limited by legislation. For instance, you cannot obtain information as to whether we have registered any information and, if so, which information, in connection with the investigations we are obliged to make according to legislation on money laundering.
Such limitation may also be imposed in order to protect other persons' personal life and our business foundation and business procedures; and also, our know-how, business secrets and internal assessments and material may be exempted from the right of access to data.
7. Right to have your data corrected or deleted
If the information that we have registered about you is incorrect, incomplete or irrelevant, you are entitled to a correction or deletion of the data subject to the restrictions ensuing from legislation or other legal basis.
If we have given other incorrect information, we will also attempt to rectify the error.
8. Limitations to data processing
In certain instances, you will be entitled to limited processing of your personal data. If you are entitled to have the processing limited, we will in future only process the data - except for storage - subject to your consent or with a view to making it possible to establish, submit, enforce or defend a legal claim, or to protect a person or important public interests.
9. You can withdraw your consent
Permission to disclose information that requires your consent may at any time be cancelled through your withdrawal of your consent.
You may at any time decline to receive marketing material from us. In this connection you must be aware that we may be prevented from fully fulfilling your need for important information.
10. Right to receive your data (data portability)
If we process information on the basis of your consent or due to an agreement, you are entitled to have the information you delivered to us handed out in an electronic format.
11. Complaint about our processing of your data
If you are dissatisfied with the way we handle your personal data, you may file a complaint with Jyske Invest Fund Management A/S, Vestergade 8-16, DK-8600 Silkeborg (Jyskeinvest@jyskeinvest.dk). You may also file a complaint with the Danish Data Protection Agency, (Datatilsynet), Borgergade 28, 5th floor, DK-1300 Copenhagen K or firstname.lastname@example.org.
12. Contact details for our data protection compliance officer (DPO)
Jyske Invest Fund Management A/S is part of the Jyske Bank Group, and you can contact the Group's data protection compliance officer at DPO@jyskebank.dk.