This notice is to make you aware of how the personal data that you provide to BBH is processed. In this notice, “BBH” means one or more of the following BBH entities with which you are contracted: Brown Brothers Harriman Trustee Services (Ireland) Limited, Brown Brothers Harriman Fund Administration Services (Ireland) Limited, Brown Brothers Harriman Investor Services Limited (UK), and Brown Brothers Harriman (Luxembourg) S.C.A.
BBH as Data Controller processes personal data in compliance with, as applicable, the General Data Protection Regulation (EU/2016/679) (“GDPR”), the UK Data Protection Act 2018, and the UK GDPR (“Data Protection Laws”). As a client which provides BBH with the personal data of individuals associated with you in connection with your business relationship with us, the information in this notice is relevant to such individuals, and we request that you make this information available to them.
By continuing to provide us with personal data, you confirm that:
1. All personal data that you provide to BBH has been collected, processed and provided to BBH in compliance with applicable laws, including the Data Protection Laws;
2. All such personal data is accurate, relevant, limited to what is necessary for the purposes for which you provide it, and, as applicable, up-to-date; and
3. When you provide personal data to BBH for the express purpose of being forwarded to a jurisdiction that does not have equivalent protections for personal data as those in the EU, you have informed the relevant individuals whose personal data you are providing to us in accordance with Data Protection Laws and obtained specific, unambiguous and freely given consent from them.
Data Protection Laws Compliance
BBH will process any personal data that you provide in accordance with the Data Protection Laws. BBH has implemented technical and organizational measures to provide an appropriate level of security for such personal data. BBH shall act as a Data Controller under the Data Protection Laws with respect to such processing.
Purposes and Legal Basis of Processing
- To perform its obligations under its agreement(s) with you;
- To communicate with you and to otherwise maintain and develop our business relationship, including providing you information about our products and services; and
- To comply with applicable laws, rules and regulations, including, but not limited to, those relating to anti-money laundering, sanctions screening and taxation.
Will only process personal data for the purposes for which it has been provided to us, unless otherwise permitted by applicable law.
The legal bases upon which BBH will process personal data are BBH’s legitimate interest in operating its business and to comply with laws, rules and regulations to which BBH is subject.
Recipients of Personal Data
In processing personal data for the purposes identified above, we may transfer or disclose such personal data to the following entities and their personnel and agents:
- BBH’s affiliates;
- BBH’s agents, network and service providers, including those providing audit, legal, tax, sub custody and information technology services; and
- Regulatory agencies with jurisdiction over BBH, as required by applicable law.
BBH will comply with the Data Protection Laws when transferring personal data to a recipient outside of the European Economic Area.
BBH will retain personal data only for as long as is reasonably necessary for the purpose for which it was provided, except to the extent BBH is required to retain such personal data for a longer period of time by applicable laws, rules and regulations.
Individuals have a right to obtain a copy of, and the right to rectify any inaccuracies in, the personal data BBH holds about them by making a request to us in writing. Such individuals also have certain rights under the Data Protection Laws to request erasure, restriction, and portability, and to not be subject to a decision based on automated processing (including profiling). An individual seeking to assert any such rights should contact BBH using the email address set out below. BBH will respond to such a request in writing, or orally, if requested, as soon as practicable, but in any event within the time frame prescribed by applicable law.
Individuals also have the right to lodge a complaint with the relevant data protection supervisory authority if they are unhappy with how BBH personal data is processing their personal data.
Please address requests to BBH by email at DPO@bbh.com.