1. Protecting your personal data
At TKPI we are committed to protect and respect your privacy. We consider it important that we are transparent about how we deal with personal data and would like to inform you through this privacy statement about the processing of your personal data by TKPI. TKP Investments is a brand name of Aegon Investment Management B.V. We are part of Aegon Asset Management, the asset management arm of Aegon, a global life insurance, pensions and asset management company.
This privacy statement is applicable to the processing by TKPI of all personal data of its (potential) customers, suppliers and business partners as well as visitors of our websites.
3. Controller for the processing of your personal data
TKP Investments is a brand name of Aegon Investment Management B.V. Aegon Investment Management B.V, having its registered office in The Hague, Aegonplein 50 (2591 TV), is the controller for the processing of all personal data that fall within the scope of this privacy statement.
4. Contact us
If you have any questions about this statement, please contact your Account manager, Customer services or our Data Protection Officer:
Attn. Customer Services
9723 AS Groningen
Phone Customer services: +31 (0)50 317 53 17
Email Customer services: [email protected]
Email Data Protection Officer: [email protected]
5. How and why we obtain personal information about you
You or someone representing you, for example a financial advisor, an employer or the business you work for, may give us information about you by completing forms (paper versions or through a website), concluding contractual arrangements or by contacting us by phone, email or otherwise. We may also receive your personal information from a third party where they have obtained your consent to share such information. Alternatively you will have provided the information to us directly.
For the processing activities described below, the personal data that is gathered and processed may include:
- Full name
- Address including post code
- Phone number
- E-mail address (personal and/or business)
Where sensitive personal data is collected and processed as part of any of the activities below, this will be stated in the relevant processing descriptions. Sensitive personal data processed may include the following:
- Copy of identification document (i.e. passport or ID card)
- Social security number
You can find additional information on the activities that we conduct which involve the collecting and processing of personal data and why below:
Conducting checks and assessments prior to doing business, which will include Anti-Money Laundering checks as well as screening personal data against known sanctions lists. This processing is conducted in order to detect and prevent fraudulent behaviour. It is also necessary in order for us to meet our legal obligations as a company. We conduct the screening check automatically using a third party system provided by FinScan which compares personal data against a number of official sanctions lists. The results of this check will be considered by a member of our staff in determining whether an account we can proceed with conducting business/providing a service or not.
This processing may require the collecting and sharing of (sensitive) personal data including copies of identification documents, with other entities within Aegon Asset Management, appointed suppliers and the Aegon group of companies. Data may also need to be shared with supervisory authorities in certain circumstances. More information can be found in the section titled ‘Sharing your personal data’.
The administration of the service we have agreed to provide. This includes processing your instructions and account transactions, settling those transactions, managing investment portfolios, monitoring investment portfolios and managing risks associated with the account, including areas of regulatory compliance. This processing is imperative to us providing the requested service and executing the agreement between us.
Servicing our customers and prospective customers. This includes managing existing and prospective customer relationships, handling complaints, managing any incidents/issues encountered, providing account reporting, detecting fraud and providing online services including our websites. This processing is required in order for us to provide the service agreed under our agreement and ensure the integrity of any data. Customer relationships may be maintained by phone, mail, e-mail, personal contact and fax where appropriate.
In order to develop our products and services. This includes reviewing our existing offering of products and services, making required improvements and launching new products/services. Personal data may also be processed when we develop our appropriate business strategies internally. Where these processes include personal information they are conducted in the legitimate interest of TKPI to ensure we provide the best products and services for our customers. We are committed to ensuring that the impact to the data subjects involved is minimal, the approach adopted is reasonable and we will ensure that the least intrusive approach is followed. The data may be shared with other entities within the Aegon group of companies. More information can be found in the section titled ‘Sharing your personal data’.
Managing third party and supplier relationships. Personal data may be processed in order to obtain services provided by a third party company, to manage the relationship between the companies (including where they act as our data processor) and reporting and performance analysis on these relationships. These processes may also require sharing personal information with other entities within the Aegon group of companies as well as consulting publicly available records. These processes are conducted to ensure appropriate execution of the agreement between the parties and between us and our clients, as well as being in the legitimate interests of TKPI to be able to utilise third party services when providing its products and services to clients in the best way possible. More information can be found in the section titled ‘Sharing your personal data’.
Internal management reporting and support functions, including legal and regulatory support and advice (both internal and external), internal auditing, strategy development and providing and maintaining IT solutions. These processes are conducted in order to execute activities vital to the internal management of our business and are imperative to the performance of our agreements with customers and suppliers. Some of these processes are also be conducted in order to fulfil a legal or regulatory obligation. Personal data may be shared with other entities within the Aegon group of companies, including Aegon Global Technology who will act as a joint controller of any personal data handled or processed when providing IT and technology solutions. Personal data may also be shared with third parties including external law firms, accountants and auditors. More information can be found in the section titled ‘Sharing your personal data’.
Managing relationships with governments and supervisory authorities, including responding to requests and providing regular and ad hoc reporting. These processes are conducted in order to fulfil a legal and regulatory obligation of the company. Where personal data, including sensitive personal data, needs to be processed in order to fulfil these obligations it will be in line with this privacy statement including when processing involves third parties and entities within the Aegon group of companies. More information can be found in the section titled ‘Sharing your personal data’.
Marketing to our customers and prospects, including the execution and analysis of marketing surveys and strategies, promoting products and services including customised offers and the use of ad hoc competitions and promotions.
Where you have signed up for a product or service from us and not opted out of marketing previously, we may send you information about similar products or services. Where we have obtained the necessary consent, we may use the personal data we’ve collected to send you marketing information and news about our products and services that may be of interest to you.
Your personal data will only be shared with external third parties for marketing purposes where you have agreed to do so. We won’t sell your personal information to other organisations for marketing purposes.
In some circumstances, where we believe it is appropriate, we may conduct marketing with our business partners based on our legitimate interest to share product and service information with them in order for them to take it into account when providing a related service. When doing this we will ensure that the least intrusive method is used and that we feel the recipient would reasonably expect to receive marketing of this type. Business partners will be able to opt out of marketing from us at any point and this will be respected.
Marketing communications will be conducted using various channels such as mail, phone and email.
Please remember that consent can be withdrawn at any point by contacting us (see section ‘Your Rights’).
The withdrawal of consent to specific processing of personal data, including for the purposes of marketing, does not affect the processing based on consent before the withdrawal. It will also not affect the provision of other products and services unrelated to the process for which you have withdrawn consent.
We use Google Analytics to track how visitors use our website and to optimize your user experience. The information obtained, including the IP address of your computer, is stored in anonymous form by Google on its servers. We also use Google’s Adwords advertising program. This provides insight into visitor information, such as the pages viewed, on an anonymous basis. Google can provide your information to third parties if it is required to do so by law. TKP Investments has no control over this. You can find more information in Google’s privacy & advertising policy.
7. Sharing your personal data
7.1 Sharing your personal data within the Aegon group
TKPI is a brand name of Aegon Investment B.V. and is part of a global organization, personal data we collect may be transferred internationally throughout Aegon’s worldwide organization. Your personal data may be exchanged within the Aegon group of companies (meaning all subsidiaries and affiliates of Aegon N.V.), including the Aegon Asset Management group (the entities within the Aegon group that are responsible for asset management activities) including Kames Capital PLC, Aegon Magyarország Befektetési Alapkezelő Zártkörűen Működő Részvénytársaság, Aegon Asset Management Pan Europe B.V., Aegon USA Investment Management LLC, AEGON Asset Management Value Hub B.V. and Aegon USA Realty Advisors LLC.
We share your data for the purposes mentioned in section 5 and to have a complete overview of our contacts and contracts within the Aegon group. We may also share your data in order to be able to offer you a complete package of services and products. This will be handled in line with the description above on how we provide marketing to customers and prospects.
If your personal data is transferred within the Aegon group to a country that does not provide an adequate level of protection of personal data TKPI will take measures to ensure that your personal data is adequately protected, such as entering into EU standard Contractual Clauses with these parties. TKPI employees are authorized to access personal data only to the extent necessary to serve the applicable purpose and to perform their job.
7.2 Sharing your personal data with third parties
We work with carefully selected providers that carry out certain functions on our behalf and cooperate with relevant authorities. The following types of third parties have or could be granted access to your personal data where relevant for the processing described above.
- Supervisory authorities
- IT suppliers
- Client Relationship Management tool provider – including SalesForce
- External legal counsel
When third parties are given access to your personal data, TKPI will take the required contractual, technical and organizational measures to ensure that your personal data is only processed to serve the purpose. The third parties will only process your personal data in accordance with applicable law. If your personal data is transferred to a recipient in a country that does not provide an adequate level of protection of personal data we will take measures to ensure that your personal data is adequately protected, such as entering into EU standard Contractual Clauses with these third parties.
In other cases, your personal data will not be supplied to third parties, except:
- to the extent that we are required to do so by law, by a government body or by a law enforcement agency, or for crime prevention purposes (including financial crime protection and credit risk reduction);
- when protecting your interests or the interests of other individuals or for reasons of substantial public interest;
- in connection with any legal proceedings (including prospective legal proceedings);
- in order to establish or defend our legal rights;
- in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets and for the purposes of effecting any sale or purchase; or
- if we, or substantially all of our assets, are acquired by a third party, we may disclose your personal data to that third party in connection with the acquisition.
7.3 The use of your personal data by data processors
When a third party processes your personal data solely following our instructions, it acts as a data processor. We enter into an agreement with such a data processor concerning the processing of personal data. In this agreement we include obligations to safeguard that your personal data is solely provided to the data processor to provide specific services to us and the data is afforded a sufficient level of protection.
8. Retention of personal data
Generally we will keep your personal information for 5 years following the conclusion of our relationship and/or the processes mentioned above. This is to ensure that we comply with our retention obligations, as set out in our internal retention policy and determined by the appropriate supervisory authorities (including financial regulators) or other regulatory and legislative requirements.
The main legal obligations for the retention of information come from a number of laws applicable to our business as an Investment Management company, including but not limited to the Anti-Money Laundering Directive as amended from time to time.
In limited circumstances, we are required to keep some specific information for longer, for example, 7 years, but we regularly review the applicable retention obligations to ensure we keep personal data for the minimum time we are legally obliged to and delete information that is no longer required to be kept. We will keep your personal information where we have legitimate interest for marketing purposes while you are a prospective customer.
We are committed to ensuring your information is protected and held securely. However, the internet is not a fully secure medium and we cannot accept responsibility for the security of an email during transmission or for non-delivery of that email.
TKPI has implemented appropriate functional, technical, physical and organizational measures to protect the personal data that we have under our control from:
- unauthorised access;
- improper use of disclosure or access;
- unauthorised modification, and
- accidental or unlawful destruction or accidental loss.
Examples are our information security policies, staff training and secure servers. All our employees and service providers who have access to personal information, are obliged to protect it and keep it confidential.
In the event that a data breach results in there being a high risk to a data subject’s personal rights and freedoms, we will contact them in an appropriate manner in line with our data breach notification procedures.
10. Your rights
You, as a data subject, have a number of rights including:
- the right to request a copy of the personal data we have from you. (Example; when you request this information, this is known as making a Subject Access Request (SAR). In most cases, this will be free of charge, however in some limited circumstances, for example, repeated requests for further copies, we may apply an administration fee);
- the right to have any inaccurate personal data corrected;
- the right to have any out of date personal data deleted once there is no business need or legal requirement for us to hold it;
- the right to object or restrict some processing, in limited circumstances and only when we do not have legitimate grounds for processing your personal data;
- the right to object to your personal data being used to send you marketing material. As mentioned above, generally we will only send you marketing material where you have given us your consent to do so or where we believe there is a legitimate reason for doing so. You can withdraw your consent at any time;
- the right to have personal data that you provided us with transferred to another service provider in electronic form.
To exercise any of these rights, please contact Customer services or our Data Protection Officer on the above contact details.
When requesting to exercise your rights, we will take into account other obligations of TKPI as well as the rights of other data subjects. As a result, there is a chance that your request may be partially fulfilled or in limited circumstances rejected. If this is the case an explanation will be provided to you.
If you wish to exercise your rights in relation to the processing of your personal data conducted by one of our joint controllers then please contact TKPI in the first instance.
11. Changes to this privacy statement
From time to time we may make changes to this privacy statement. If we make any changes to this privacy statement and the way in which we use your personal data we will post these changes on this page and where the changes are significant will make a reasonable effort to notify you of any significant changes.
This privacy statement was published on February 4th 2019.
12. Making a complaint
If you believe we have not processed your personal data in accordance with our data protection obligations, and that you have been affected by our non-compliance, you can make a complaint to us by contacting our Client Services team or Data Protection Officer. If you are not satisfied with our complaint handling, you can raise a complaint with the Autoriteit Persoonsgegevens, the independent authority set up to enforce the data protection regulations.