Version 3.2
At Franklin Templeton, we care about your privacy and value the trust you place in us when you share your personal information.
Accordingly, we wanted to let you know how we deal with the personal information you give us or is given to us by a third party. The aim of this Notice is to explain to you - as Data Subject - what kind of personal information we gather on you, why and how we process it as data controller. This Notice covers the United Kingdom’s Data Protection Act 2018 (“DPA”) and the European Union’s General Data Protection Regulation (”EU GDPR”). Unless there is a specific legal reason to mention a particular law, these laws will be referred to collectively as “Privacy Legislation”. This Notice sets out your rights with regard to Privacy Legislation.
From time to time, we may update this Notice, and any new version will be posted on our website. We recommend you regularly review it to ensure that you are always aware of our privacy practices. Our privacy commitments to you:
This Notice describes our practices when using personal information of the following people in relation to the European Economic Union (“EEA”), and the United Kingdom (“UK”) to be further referred to as “Jurisdictions”.
Data Protection laws say that we are allowed to use personal information (including sharing such information with third parties) where we have a proper reason to do so.
Accordingly, we must have one or more of the following reasons:
In general, we may collect the following types of personal information you give us or through our third parties:
Depending on your Data Subject profile the reasons for processing your personal information may be different. Further information for each Data Subject profile can be found in section 8.
We also collect personal information about users through Our Website, and Franklin Templeton web pages on social media sites such as Twitter and LinkedIn, and you can refer to section 9 for more information.
Individuals have the following rights, under certain circumstances, in relation to their personal information:
If you - as an individual - wish to exercise these rights, you can download an Individual Rights Request form which is available at www.franklintempletonglobal.com/rights-request-form.pdf, or contact us through the address referred to in Appendix 1 of this Notice.
A summary of each right and how you can take steps to exercise it is set out below.
Where we receive a request to exercise one of these rights, we shall provide information on the action we take on the request without undue delay and in any event within one month of receipt of the request. This may be extended by a further two months in certain circumstances, for example where requests are complex or numerous.
The information will be provided free of charge, except where requests are manifestly unfounded or excessive, in particular because of their repetitive character. In these circumstances we may charge a reasonable fee or may refuse to act on the request. We will advise you of any fees prior to proceeding with a request.
We may ask for additional information to verify your identity before carrying out a request. If we consider this information insufficient, we reserve the right to reject your request.
Where we do not carry out a request, we shall inform you without delay and within one month of receipt of the request, providing our reasons for not taking the action requested.
Right to access personal information
Individuals have the right to confirm the following with us:
Individuals also have a right to access the personal information and be provided with a copy.
Right to restrict processing of personal information
Individuals have the right to request that we restrict processing of their personal information where one of the following applies:
Right to object to processing of personal information
Where personal information is used to target marketing to an individual, they have the right to object to this at any stage.
An individual also has the right to object to processing of their personal information where the legal basis of the processing is in our legitimate interests. We will have to stop processing until we are able to verify that we have compelling legitimate grounds for processing which override the individual’s interests, rights and freedoms, or alternatively that we need to continue processing for the establishment, exercise or defence of legal claims.
Right to rectification of personal information
If an individual believes that the personal information we hold on them is inaccurate, they may request that it be amended. They may also request that incomplete personal information be completed, including by providing a written confirmation.
Right to request erasure of personal information (“right to be forgotten”)
An individual may also request the erasure of their personal information in certain circumstances, including the following (this is not an exhaustive list):
There are also certain exceptions where we may refuse a request for erasure, for example, where the personal information is required to comply with a legal obligation or for the establishment, exercise or defence of legal claims.
If an individual does request erasure of their personal information, this will potentially remove records which we hold for their benefit, such as their presence on a suppression list and they will have to contact us to provide personal information if they wish for us to hold this in future.
Right to Data Portability
Where we are relying upon the legal basis either of consent or that the processing is necessary for the performance of a contract to which an individual is a party, and that personal information is processed by automatic means (e.g. electronically), an individual has the right to receive all the personal information which they have provided to us in a structured, commonly used and machine-readable format and to transmit this to another controller directly, where this is technically feasible.
Supervisory Authority
An individual also has a right to lodge a complaint with a supervisory authority, in particular in the Jurisdictions where they are habitually resident, where they work or where an alleged infringement of Data Protection laws has taken place.
If you are account holders and/or investors, business contact, subscriber or potential client covered by this Notice, we will keep you up-to-date with details of our products and services by email using the information that you have supplied. When required by regulation and/or law, we will obtain the proper consent to use your contact details, including your email addresses. In any case, you can change your preferences in regards to marketing communications by contacting us.
Additionally, we will ensure that any third party assisting us in marketing our products and services, or with whom we have joint marketing agreements, are under contractual obligations to protect the confidentiality of your personal information, and to use it only to provide the services we have instructed them to perform.
There may be occasions when the relevant Franklin Templeton group company who is the data controller as set out in Appendix 1 of this Notice will be a joint controller with another Franklin Templeton group company. Where the other Franklin Templeton group company is based outside the Jursidictions, then the data controller responsible for responding to requests to exercise your rights will be the relevant company set out in Appendix 1 of this Notice. In all cases, any complaints and requests to exercise your rights should be addressed to the Data Protection Officer (refer to Appendix 1 of this Notice), who will arrange for the responsible joint controller to handle the complaint or request. We may also transfer and maintain your personal information covered by this Notice on servers or databases outside the Jurisdictions.
The countries to which we transfer data outside of the Jurisdictions include:
Australia, Bahamas, Bermuda, Brazil, British Virgin Islands, Canada, Chile, China, Colombia, Cayman Islands, Hong Kong, India, Japan, Republic of Korea, Malaysia, Mauritius, Mexico, Singapore, South Africa, Switzerland, Turkey, United Arab Emirates, United States, and Uruguay.
Some of these countries may not have the equivalent level of data protection laws as those in your location. If we need to transfer personal data outside the Jurisdictions, we will take steps to make sure your personal information is protected and safeguarded once it leaves the Jurisdictions, in particular, we will use the EU Data Protection Model Clauses approved by the European Commission and permitted under Article 46 of the EU GDPR or a similar mechanism approved under the DPA. If you would like to obtain the details of such safeguards, you can request these from the Data Protection Officer.
In addition to sharing the information with other group companies and third parties, we may disclose or transfer your personal information to a prospective or actual purchaser or transferee, in the event that a Franklin Templeton company or its assets is / are merged or sold or a sale or transfer is intended.
We will retain your personal information covered by this Notice for as long as required to perform the purposes for which the data was collected, depending on the legal basis on which that data was obtained and/or whether additional legal/regulatory obligations mandate that we retain the personal information. In general terms, this will mean that personal information will be kept for the duration of our relationship and:
It may differ from jurisdiction to jurisdiction however, in the majority of cases, this will be during our relationship and then for 10 years after the end of the relationship.
We retain your personal information if you have invested in Funds based in the United Kingdom for 6 years after the end of the relationship. We retain your personal information if you have invested in Funds based in the Republic of Ireland for 7 years after the end of the relationship.
In certain circumstances, data may need to be retained for a longer period of time, for example, where we are in ongoing correspondence or there is a continuing claim or investigation.
Our web logs are kept for 60 days to support investigation and reporting of any attempted security breaches on Our Websites.
We have implemented reasonable technical and organisational measures designed to secure personal information from accidental loss and unauthorised access, use, alteration or disclosure. Our employees are required to follow specific procedures with respect to maintaining the confidentiality of our investors’ personal information. Additionally, we maintain physical, electronic, and procedural safeguards to protect the personal information that we process. This includes performing ongoing evaluations of our systems containing investor information and making changes when appropriate.
However, as regards information transmitted via the Internet, the Internet is an open system and we cannot and do not guarantee or warrant the security of any information that an individual transmits on or through Our Website or that we otherwise maintain, although Our Website uses the secure file transfer protocol where appropriate.
Account holder and investor personal information
Personal Information we collect about account holders and investors in Franklin Templeton Funds.
Account holders and investors include unitholders and shareholders of the Funds that we operate, administer, and to which we provide transfer agency, registration, other services, or which we distribute.
We collect certain personal information on various accounts but is not limited to the following holders and investors in our Funds, direct from the account holders and investors, through their referring professional adviser, intermediary or bank or other firm or, in the case of Know Your Client Information, from third party lists on Politically Exposed Persons, sanctions or other matters related to our compliance with regulation or risk analysis.
We may collect the information through applications or other forms, whether we receive the forms in writing or electronically.
This personal information includes but is not limited to the following:
How we use account holders’ and investors’ personal information
We use the personal information we collect about account holders and investors for the following purposes:
We justify our processing of account holders’ and investors’ personal information on the following legal bases:
We have determined that our legitimate interests include the following:
If an account holder or investor requires further information regarding our legitimate interests as applied to their personal information, they may contact the Data Protection Officer.
We also process personal information where an account holder or investor has provided consent, such as in the case of certain marketing communications, and the use of information in determining an individual’s status as a Politically Exposed Person for Know Your Client purposes. In the event that an account holder or investor wishes to withdraw their consent they should contact the Data Protection Officer.
In certain circumstances, where an account holder or investor does not provide personal information which is required (for example, for us to carry out anti-money laundering checks), we will not be able to provide the products and services under our contract with them or may not be able to comply with a legal obligation on us. We will make it clear if and when this situation arises and what the consequences of not providing the information will be for the account holder or investor.
Recipients of personal information about account holders and investors
We will disclose account holders’ and investors’ personal information as follows:
External director information
We collect the following information from our external directors (which includes authorised signatories and other officers of our Funds):
How we use information we collect about our external directors
We use the personal information we collect about external directors for the purposes of:
We justify our processing of external directors’ personal information on the following legal bases:
We have determined that our legitimate interests include the following:
If an external director requires further information regarding our legitimate interests as applied to their personal information, they may contact the Data Protection Officer.
In certain circumstances, where an external director does not provide personal information which is required (for example, for us to carry out anti-money laundering checks), we will not be able to perform our obligations under the contract with them or may not be able to comply with a legal obligation. We will make it clear if and when this situation arises and what the consequences of not providing the information will be for the external director.
Recipients of personal information about external directors
We will disclose personal information of external directors as follows:
Business contact information
We collect personal information from our business contacts and potential clients’, such as representatives of banks or financial firms, professional advisers and suppliers, including the following:
How we use business contact information
We use personal information from our business contacts for the following purposes:
We justify our processing on the following legal bases:
We have determined that our legitimate interests include the following:
If a business contact or a potential client requires further information regarding our legitimate interests as applied to their personal information, they may contact the Data Protection Officer.
In certain circumstances, where a business contact does not provide personal information which is required (for example, in relation to our online services), we will not be able to perform our obligations under the contract with them or may not be able to provide them with products and services. We will make it clear if and when this situation arises and what the consequences of not providing the information will be for the business contact.
Recipients of Business Contact and Potential clients data
We may disclose business contacts’ or potential clients personal information as follows:
A cookie is a small text file which includes a unique identifier that is sent by a web server to the browser on your computer, mobile phone or any other internet enabled device when you visit an on-line site. Cookies and similar technologies are widely used to make websites work efficiently and to collect information about your online preferences. For simplicity, we refer to all these technologies as “cookies”.
Some of Our Website pages may contain electronic images known as web beacons (also known as clear gifs, tags or pixels) that allow us to count users who have visited our pages. Web beacons collect only limited information, e.g. a cookie number, time and date of a page view, and a description of the page on which the web beacon resides. We may also carry web beacons placed by third party advertisers. These beacons do not carry any information that could directly identify you.
How do we use cookies?
We use cookies and other tracking technologies to customise content and advertising, provide social media features and to see how our visitors move through Our Website. We use this information to make decisions about ways to improve the services we offer you.
We may engage third party tracking and advertising providers such as those named below to act on our behalf to track and analyse your usage of Our Website through the use of cookies. These third parties collect, and share with us, usage information about visits to Our Website and, sometimes by correlating this information with other information (e.g. your IP address), measure and research the effectiveness of our advertisements, track page usage, help us target our recommendations and advertising, and track use of our recommendations and advertisements.
Cookies and types of cookies we use
You can find more information about cookies and the types of cookies we use on our websites in the cookie register which can be found at: franklintempletonglobal.com/privacy/cookie-register.
Contact our Data Protection Officer at the address referred to in Appendix 1 of this Notice if you would like a hard copy of this register, or you have any specific queries regarding the cookies which are deployed on Our Website.
You can find more information about cookies, behavioural advertising and online privacy at www.allaboutcookies.org or www.youronlinechoices.com
Enabling and Disabling Cookies
You can choose whether to switch on or off cookies by visiting the Cookie Preference centre. You can select which cookie categories you wish to allow.
Franklin Templeton and all its group companies have access to information on individuals covered by this Notice. However, only appropriate data controllers have access to relevant investor data. Franklin Templeton Funds and their Management Companies act as joint-controller.
Below our most impacted fund group companies and funds are noted. For a full list, please visit franklintempletonglobal.com/privacy/fund-entities
How to Contact Us
If an individual wishes to exercise their individual rights, or to raise any questions, concerns or complaints concerning this Notice or on our privacy practices, they can contact us at the relevant address for their country listed below. The individual should address the envelope as follows: “FAO Data Protection Officer”.
Alternatively, our Data Protection Officer can be contacted directly at: Franklin Templeton International Services S.à r.l. 8A, rue Albert Borschette L-1246 Luxembourg Grand Duchy of Luxembourg Email Address: DataProtectionOfficer@franklintempleton.com
Franklin Templeton Group Companies
AUSTRIA: Franklin Templeton Austria GmbH Universitätsring 10, 4th Floor 1010 Vienna, Austria BELGIUM: Franklin Templeton International Services S.à r.l., Belgian Branch 28 avenue Marnix 1000 Brussels, Belgium FRANCE: Franklin Templeton International Services S.à r.l., French Branch 20 Rue de la Paix 75002 Paris, France GERMANY: Franklin Templeton Investment Services GmbH Franklin Templeton International Services S.à r.l. Niederlassung Deutschland Mainzer Landstr. 16 D-60325 Frankfurt am Main. Germany HUNGARY: Franklin Templeton Magyarország Kft. Sas utca 10-12 1051 Budapest, Hungary IRELAND: Franklin Floating Rate Fund Plc (FFRF) Franklin Emerging Market Debt Opportunities Fund (FTEMDOF) JPMorgan House International Financial Services Centre Dublin 1, Ireland Franklin Liberty Shares ICAV (Irish ETF) 78 Sir John Rogerson’s Quay Dublin 2, Ireland ITALY: Franklin Templeton International Services S.à r.l., Italian Branch C.so Italia, n.1 20122 Milano, Italy LUXEMBOURG: Franklin Templeton Management Luxembourg S.A. Franklin Templeton International Services S.à r.l. Franklin Templeton Investment Funds (FTIF) Franklin Templeton Series II Funds (FTSIIF) Franklin Templeton Sharia Funds (FTSF) Franklin Templeton Specialized Investment Funds (FTSIF) Franklin Templeton Opportunities Fund (FTOF) Franklin Templeton Private Real Estate Fund IIIB SCSP 8A, rue Albert Borschette L-1246 Luxembourg Grand Duchy of Luxembourg NETHERLANDS: Franklin Templeton International Services S.à r.l., Netherlands Branch World Trade Center Amsterdam H-toren, 5e verdieping Zuidplein 36 1077 XV Amsterdam, Netherlands |
POLAND: Templeton Asset Management (Poland) Towarzystwo Funduszy Inwestycyjnych S.A. Franklin Templeton Investments Poland Sp. z o.o. Franklin Templeton Fundusz Inwestycyjny Otwarty Franklin Templeton International Services S.a.r.l. (Sp. z o.o.) Oddział w Polsce Rondo ONZ 1, 29th Floor 00-124 Warszawa, Poland ROMANIA: Franklin Templeton International Services S.à r.l., Sucursala Bucuresti Fondul Proprietatea S.A. Premium Point 78-80 Buzesti, 8th floor District 1, Bucharest, Romania SLOVAKIA: Franklin Templeton Slovakia, s.r.o. Regus Business Centre, Karadzicova 8/A 821-08 Bratislava, Slovakia SPAIN: Franklin Templeton International Services S.à r.l., Spanish Branch Calle Jose Ortega y Gasset, 29–5a planta 28006 Madrid, Spain SWEDEN: Franklin Templeton International Services S.à r.l., Swedish Branch Blasieholmsgatan 5 SE-111 48 Stockholm, Sweden UNITED KINGDOM: Franklin Templeton Investment Management Limited Franklin Templeton Global Investors Limited Franklin Templeton Fund Management Limited Franklin Templeton Funds (OEIC) Franklin Templeton Targeted Strategies Fund ICVC Templeton Emerging Markets Investment Trust (TEMIT) Cannon Place, 78 Cannon Street London EC4N 6HL, United Kingdom UNITED STATES OF AMERICA: Templeton Growth Fund (TGF) Inc – Fund P.O. Box 33030 St. Petersburg Florida 33733-8030, USA Franklin Templeton Private Real Estate Fund, L.P (Series B/C) Franklin Templeton Private Real Estate Fund IIB, L.P. Corporation Trust Center, 1 209 Orange Street, County of New Castle Wilmington, Delaware 19801, USA |
Account Holders & Investors | Business Contacts & Potential Client | External Directors | Website and social media users |
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Account Processing System suppliers - Third parties working on FT’s behalf to service or maintain business contact databases, and systems processing account information, such as suppliers systems supporting Our Website Administrators - Third parties working on FT’s behalf or for the account holder, investor or institutional client to service or maintain accounts Asset Management services - Third parties working on FT’s behalf or for the account holder, investor and institutional clients providing administration, transfer or asset management services Banking Application Suppliers - Third parties providing technical services to process transactions requested by investors, or relating to the administration of their investment, specifically for banking systems. Banking Platforms - Third parties working on FT’s behalf or for the account holder, investor and institutional clients providing administration, transfer or asset management services Brokers - Third parties working on FT’s behalf or for the account holder, investor or institutional client to service or maintain accounts. Business Contact database administrators - Third parties working on FT’s behalf to service or maintain business contact databases, and systems processing account information, such as suppliers systems supporting FT’s Website(s). Cloud-based solution providers - Third parties who provide technical services to process transactions requested by investors, or relate to their investment administration, specifically for IT systems. This also includes cloud-based solutions such as Translations services, and Training solutions. Couriers - Third parties working on FT’s behalf to provide courier services. Courts - Competent third party authorities where required or requested by law, or where we consider it necessary. Custodians - Third parties working on FT’s behalf or for the account holder, investor or institutional client to service or maintain accounts Dealing platforms - Third parties working on FT’s behalf or for the account holder, investor or institutional client to service or maintain accounts Document Archive, Storage and Destruction Suppliers - Third parties working on FT’s behalf to provide document archive and storage services. |
Events Management Providers - Third parties working on FT’s behalf to plan, organise and facilitate events. Financial Services providers - Third parties who have introduced account holders and investors to FT. These service providers offer banking, trust and custodial products and services in order to process the data, including access through our portal. Investment Managers - Third parties working on FT’s behalf or for the account holder or investor to service or maintain accounts IT Systems Suppliers - Third parties who provide technical services to process transactions requested by investors, or relate to their investment administration, specifically for IT systems. Parties representing an account holder or investor - Third parties representing an account holder or investor, e.g. in response to a legal process. Payroll Providers - Third parties who provide services on FT’s behalf, for the benefit of external directors. Print Services Suppliers - Third parties who provide technical services to process transactions requested by investors, or relate to their investment administration, specifically for print services. Professional advisors, i.e. auditors and lawyers - Third parties who provide services to Franklin Templeton group companies, such as its professional advisers (e.g. auditors and lawyers). Regulators - Competent third party authorities where required or requested by law, or where we consider it necessary. Security or Police Authorities - Competent third party authorities where required or requested by law, or where we consider it necessary. Social Media Providers - Social Media providers supporting Franklin Templeton web pages, such as Twitter and LinkedIn. Tax Authorities - Competent third party authorities where required or requested by law, or where we consider it necessary. Trade Messaging System Suppliers - Third parties who operate systems relevant to performing transactions for account holders, investors or institutional clients. Transfer Agencies - Third parties working on FT’s behalf or for the account holder, investor or institutional client to service or maintain accounts. |