Aegon USA Investment Management, LLC – Privacy Statement Effective December 19, 2019.
This privacy statement is applicable to the processing by Aegon USA Investment Management, LLC (AUIM) of all personal data such as but not exclusively of (potential) customers, suppliers/vendors and business partners as well as visitors of our website.
Protecting your personal data
At AUIM we are committed to protecting and respecting your privacy. We believe that transparency and honesty about what we do with your personal data is crucial for maintaining strong relationships with our clients. We would like to inform you through this privacy statement about how we process and use your personal data. You can print this Privacy Statement by selecting "Print" from your browser's menu commands or by right-clicking on this page and selecting "Print" from the pop-up menu.
This privacy statement is applicable to the processing by AUIM of all personal data of its clients, customers and potential customers, suppliers/vendors, and business partners as well as visitors of our website.
2. Controller/Processor of your personal data
AUIM, having its registered office in Cedar Rapids, IA, US, is the controller, joint controller, or processor of all personal data that fall within the scope of this privacy statement.
3. Contact us
If you have any questions about this statement, please contact Customer services or our Data Protection Officer:
Aegon USA Investment Management, LLC
Attn. Data Protection Officer
6300 C Street SW
Cedar Rapids, IA 52499
Email US Data Protection Officer
4. How and why we obtain personal information about you
You or someone representing you, for example a financial advisor, consultant, 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.
For the processing activities described below, the personal data that is gathered and processed may include:
- Full name
- Address including zip code
- Phone number
- E-mail address (personal and/or business)
- Date of birth
- Driver's License number
- Passport number
- Aegon account number or other Aegon identifier, whether for internal or external use
- Bank account
- Taxpayer identification number
- Cookie information collected automatically when you visit one of our websites. Further information is available in our Cookie Statement.
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 (ie. Passport, driver's license or ID card)
- Social security number
You can find additional information on the most common activities that we conduct which involve the collecting and processing of personal data and why below:
- To understand the needs and requirements of our clients;
- To carry out research and analysis about our products and services;
- To comply with laws and regulations to which we are subject, as well as responding to the authorities and court orders;
- To determine your eligibility for additional products and services that we offer and to provide tailored information and offers about those products and services;
- To enable AUIM to provide existing, new, or enhanced services in connection with or arising out of your agreement(s); and
- To receive services from other AAM entities in connection with any of the above purposes.
When collecting and processing personal data, AUIM will only process the minimum amount of personal data relevant to the specific purpose it is collected for. AUIM will only use the data in-line with the original purpose (stated below) or a further purpose deemed sufficiently similar and likely to be in line with your expectations.
Conducting checks and assessments prior to doing business.
This will include Anti-Money Laundering checks as well as screening personal data against known sanctions and politically exposed persons ('PEP') 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 to proceed doing business with you.
This processing may require the collecting and sharing of (sensitive) personal data including copies of identification documents, with other entities within Aegon Asset Management, the Aegon group of companies and appointed suppliers. Data may also need to be shared with supervisory and governmental authorities in certain circumstances.
The administration of the service we have agreed to provide.
This includes processing your instructions and account transactions, settling those transactions, assessing investments, managing investment portfolios, monitoring investment portfolios and managing risks associated with an account or product, 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 account you have with us. Customer relationships may be maintained by phone, mail, e-mail 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 AUIM 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 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 AUIM to be able to utilise third party services when providing its products and services to clients in the best way possible.
Where appropriate, these processes may include the use of any sensitive data provided on copies of identification documents.
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. Most of 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 clients, customers and suppliers, however some will be conducted in order to meet our legitimate interests as a company. Where this is the case we are committed to ensuring that the impact to the data subjects involved is minimal, the approach adopted is reasonable and that the least intrusive approach is followed. Other processing may be conducted in order to fulfill 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 data processor of 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.
Managing relationships with governments and supervisory authorities.
This includes responding to requests and providing regular and ad hoc reporting. These processes are conducted in order to fulfill a legal and regulatory obligation of the company. Where personal data, including sensitive personal data, needs to be processed in order to fulfill 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'.
Conducting Processing Activities.
In order to conduct the processing activities stated in this statement and allow us to verify the content of calls, telephone lines are recorded whenever you contact or are contacted by a member of our Investment and Portfolio Management team, Sales and Marketing team and Account management team. This will be conducted using the same legal basis as confirmed for the specific processing activity unless stated otherwise.
All emails sent to any member of staff at AUIM will be retained and may be monitored in order to complete the respective processing activities or achieve the processing purposes stated in this statement. All Bloomberg chat conducted with staff of AUIM is also monitored to meet these and other regulatory requirements. Only the appropriate staff members are authorized to monitor or review email or message content in line with their job role.
Marketing to our customers and prospects
This will include the execution and analysis of marketing campaigns and strategies, promoting products and services provided by AUIM and affiliated Aegon Asset Management companies and brands including Kames and TKP Investments, running and contributing to promotional events and the use of ad hoc competitions and promotions.
We may use the personal data we have to send you marketing information and news about our products and services that may be of interest to you, unless you have opted out of marketing.
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 you can withdraw your consent or request to opt-out of marketing communications at any time by contacting us (see section 'Your Rights').The withdrawal of consent, or your objection to the specific processing of personal data, including for the purposes of marketing, does not affect the processing conducted 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 may conduct marketing related analytics which includes the processing of personal data based on our legitimate interest to ensure we provide customers with appropriate marketing information that is relevant to them. When doing this we will ensure that aggregated information is used where possible and where personal data is processed the least intrusive method is used and that we feel the recipient would reasonably expect this type of processing. Data subjects may object to this at any time by contacting us. This analytics may include additional (personal) information obtained from third parties where we consider the use of this data fair and legal.
6. Do not track signals
When you browse the web with your web browser, you can send a request to websites not to collect or track your browsing data. Our website recognizes "do not track" signals.
7. Sharing your personal data
7.1 Sharing your personal data within the Aegon group
As 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 Investment Management B.V. (including where trading as TKP Investments), Aegon Magyarország Befektetési Alapkezelő Zártkörűen Működő Részvénytársaság (Aegon Asset Management Central and Eastern Europe), Aegon Asset Management Pan Europe B.V., Aegon Asset Management (Asia) Limited, Aegon Asset Management Value Hub B.V. and Aegon USA Realty Advisors LLC..
We share your data for the purposes mentioned in section 4 and to have a complete overview of our contacts and contracts within the Aegon group. We may also share your data in order 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. Sharing of data within the Aegon group of companies will be conducted in line with applicable regulatory requirements, including appropriate technical and organizational measures.
AUIM 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
- Administrative bodies
- IT suppliers
- Third party service providers
- External legal counsel
- Judicial bodies
When third parties are given access to your personal data, AUIM will take the required contractual, technical and organizational measures to ensure that your personal data is only processed to the extent that such processing is necessary. Unless we tell you otherwise, we will strive to ensure that the third parties to whom we provide your personal data for processing purposes as described above will only process your personal data in accordance with our instructions.
In other cases, your personal data will not be supplied to third parties, except:
- With your consent at the time the data is collected;
- 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
We will keep your personal data following the conclusion of our relationship and/or the processes mentioned above. This is to ensure that we comply with our record retention obligations, as set out in our internal record retention policy and determined by the appropriate supervisory and governmental authorities (including financial regulators) or other regulatory and legislative requirements. Any personal data retained after the conclusion of the relationship will be kept confidential and AUIM will not use the information for any purpose other than to meet its legal obligations.
As a U.S. Registered Investment Adviser, AUIM is required to maintain certain books and records pursuant to Rule 204-2 of the Investment Advisers Act of 1940. We regularly review the applicable record 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 are committed to ensuring your information is protected and held securely. However, the internet is not a secure medium and we cannot accept responsibility for the security of an email or any transmission of data.
AUIM has implemented appropriate functional, technical, physical and organizational measures designed 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.
All our employees and service providers who have access to personal information, are obliged to protect it and keep it confidential.
10. Your rights
You have a number of rights including:
- the right to request a copy of the personal data we hold on 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;
- the right to have personal data we hold about you transferred to another service provider in electronic form in certain scenarios; and
- the right to ask for a decision to be made manually, where a decision is made using automated means and this adversely impacts you
To exercise any of these rights, please email the US Data Protection Officer at email@example.com.
11. Your California Privacy rights
California law establishes additional privacy-related rights and obligations beyond those described above. If you are a California resident, please refer to our California Consumer Privacy Act Disclosure & Statement of Rights for more information.
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 Data Protection Officer at firstname.lastname@example.org.
Through this website, we do not purposefully market any products or services to, or knowingly gather or solicit data from, children under thirteen (13) years of age. By using this Site you represent that you are not under thirteen (13) years of age. If you are under the age of thirteen (13), please do not transmit to us any of your personal data.
14. Changes to this privacy statement
From time to time we may make changes to this privacy statement. If we make any substantial changes to this privacy statement and the way in which we use your personal data we will post these changes on this page and will do our best to notify you of any significant changes.
This privacy statement was last updated on December 19, 2019.