Fisher Investments Privacy & Cookie Policy – DIFC Branch
(This version of the privacy policy in effect as of February 1, 2020)

1. General

Fisher Asset Management, LLC, which trades as Fisher Investments, has a branch in the Dubai International Financial Centre (“Fisher Investments DIFC Branch”) and uses information about identifiable natural persons (“Individuals”). This privacy policy sets out how the Fisher Investments DIFC Branch complies with the Data Protection Law 2007 (DIFC Law No. 1 of 2007) and other applicable laws and regulations.

The Fisher Investments DIFC Branch is committed to privacy, and will only use information by with Individuals can be identified (“Personal Data”) in accordance with this policy and applicable law. This policy applies to all interactions between the Fisher Investments DIFC Branch and Individuals, including accessing its website.

Individuals with questions or concerns regarding this privacy policy can contact the Fisher Investments DIFC Branch as follows:

Fisher Investments DIFC Branch
ATTN: Data Privacy Office
Unit 15511, Level 15, Gate Building
Dubai International Financial Centre
Dubai, 121208, United Arab Emirates

2. What Personal Data is Used

Fisher Processes the following Personal Data for the following categories of Individuals:

  • The Fisher Investments DIFC Branch obtains business contact information, including personal details, such as name, title, address, telephone and fax numbers and email address, in dealing with prospective clients, clients, complainants, correspondents, enquirers, relatives and associates, advisors, consultants, and correspondents, and professional experts.
  • Anti-money laundering laws and regulations require identity verification, sanctions checks, and anti-money laundering and anti-terrorist financing screens (“AML Laws”). Accordingly, the Fisher Investments DIFC Branch uses the personal detail and financial details provided by Individuals that are beneficial owners of its prospective clients or clients to perform the required checks using the services of a third party service provider, which may reveal information relating to criminal convictions or offences.
  • The website of the Fisher Investments DIFC Branch uses cookies and other online tracking technologies that collect information about internet browsing habits and history (collectively referred to in this policy as “cookies”). For more information, please see the cookie policy below.
  • The Fisher Investments DIFC Branch obtains information relating to its staff, including personal details, employment details, personnel records (including criminal background checks and sickness records) financial details, and family details.

3. How Personal Data is Used

The Fisher Investments DIFC Branch processes Personal Data:

  • fairly, lawfully and securely;
  • for specified, explicit and legitimate purposes in accordance with the Individuals’ rights and does not further process Personal Data in a way incompatible with those purposes or rights;
  • adequately and in a manner that is relevant and not excessive in relation to the purposes for which it is collected and/or further processed;
  • accurately and, where necessary, keeps Personal Data up to date; and
  • in a form that permits identification of Individuals for no longer than is necessary for the purposes for which the Personal Data was collected or for which it is further processed.

The Fisher Investments DIFC Branch may use Personal Data for the following purposes, and upon the legal bases set out in the table below.

Purpose

Legal Basis

Advertising, marketing, and public relations

The Fisher Investments DIFC Branch has a legitimate interest in using Personal Data (i.e. business contact information) of representatives of its prospective clients and clients and website visitors.

Provision of financial services

The Fisher Investments DIFC Branch has a legitimate interest in using Personal Data (i.e. business contact information) of representatives of its clients.

In addition, the Fisher Investments DIFC Branch can use Personal Data to comply with AML Laws.

Accounting and auditing

The Fisher Investments DIFC Branch can use Personal Data for this purpose to comply with its legal obligations under Applicable Law.

In addition, the Fisher Investments DIFC Branch can use Personal Data for this purpose beyond the legally mandated record retention period because it is in its legitimate interest to keep Personal Data for as long as the statute of limitations to enforce and defend its legal rights.

Legal services

The Fisher Investments DIFC Branch has a legitimate interest to use Personal Data to seek legal advice and to enforce and defend its legal rights.

Licensing and registration

The Fisher Investments DIFC Branch can use Personal Data where required to comply with applicable law, including storing and sharing records with regulators and law enforcement officials, as required.

Staff administration

The Fisher Investments DIFC Branch has a legitimate interest in using Personal Data to supervise and train its staff and to administer benefits.

 

Where the Fisher Investments DIFC Branch has relied upon its ‘legitimate interests’ as a legal basis for a particular purpose, it has performed a ‘balancing test’ to ensure that Individuals’ rights and interests are taken into account when their Personal Data is used and to ensure that Personal Data is not processed when such ‘legitimate interests’ of the Fisher Investments DIFC Branch are overridden by compelling legitimate interests of the Individual relating to the Individual’s particular situation.

Where the Fisher Investments DIFC Branch needs to collect Personal Data to comply with a legal obligation, and the Individual does not provide such data, the Fisher Investments DIFC Branch may not be able to provide services and may need to cancel the contract. The Fisher Investments DIFC Branch will notify the Individual if this is the case at the time.

4. Sensitive Personal Data

“Sensitive Personal Data” is Personal Data revealing or concerning (directly or indirectly) racial or ethnic origin, communal origin, political affiliations or opinions, religious or philosophical beliefs, criminal record, trade-union membership and health or sex life. The Fisher Investments DIFC Branch uses Sensitive Personal Data, including health information, in staff administration. The collection or use of any other types of Sensitive Personal Data will only be with the consent of the individual or as otherwise permitted by applicable law.

5. Sharing of Personal Data

For the purposes listed in section 3 above, the Fisher Investments DIFC Branch may transfer Personal Data to:

  • the main office of Fisher Investments in the United States;
  • authorised vendors, service providers, agents and representatives, including custodians, information technology security providers, lawyers, and auditors;
  • regulators and law enforcement officials.

The Fisher Investments DIFC Branch will not sell or lease Personal Data to third parties.

A transfer of Personal Data outside the DIFC will only take place only:

  • to a jurisdiction deemed to have an adequate level of protection under the Data Protection Law;
  • pursuant to a permit granted by the Commissioner of Data Protection, as is the case with transfers to the main office of Fisher Investments in the United States;
  • with the consent of the Individual;
  • where necessary or legally required on grounds important in the interests of the DIFC, or for the establishment, exercise or defense of legal claims;
  • to comply with any legal obligation or at the request of a regulator, police or other government agency, as is the case with the AML Laws; or
  • where necessary to uphold the legitimate interests of the Fisher Investments DIFC Branch, except where such interests are overridden by legitimate interests of the Individual.

6. Individuals’ Rights

An Individual has the right to obtain from the Fisher Investments DIFC Branch upon request, at reasonable intervals and without excessive delay or expense:

  • confirmation in writing as to whether or not Personal Data relating to the Individual is being used and information at least as to the purposes of the use, the categories of Personal Data concerned, and the categories of recipients to whom the Personal Data are disclosed;
  • communication to the Individual in an intelligible form of the Personal Data being used and of any available information as to its source; and
  • as appropriate, the rectification, erasure or blocking of Personal Data the use of which does not comply with the provisions of the Data Protection Law.

An Individual has the right to object at any time on reasonable grounds relating to an Individual’s particular situation to the use of Personal Data relating to such Individual and to be informed before Personal Data is disclosed for the first time to third parties or used on their behalf for the purposes of direct marketing, and to be expressly offered the right to object to such disclosures or uses. Where there is a justified objection use, the Fisher Investments DIFC Branch shall no longer use that Personal Data.

Individuals may contact the Fisher Investments DIFC Branch using the contact details set out in section 1 above. When doing so, Individuals should provide a full name and contact information in exactly the form in which it was originally provided to the Fisher Investments DIFC Branch to avoid any possible confusion with a different Individual and specify the particular uses for which consent is being withdrawn.

7. Security

The Fisher Investments DIFC Branch is committed to ensuring that Personal Data is secure and maintains appropriate technical and organizational measures to protect Personal Data against willful, negligent, accidental or unlawful destruction or accidental loss or alteration. In order to prevent unauthorized access or disclosure, as well as unlawful forms of processing the Fisher Investments DIFC Branch has put in place suitable physical, electronic and managerial procedures to safeguard and secure Personal Data collected.

8. Cookies

A cookie is a small text file with an identification tag that is created and downloaded to a computer (or other device) when accessing websites that use cookies. Cookies and other tracking technologies (collectively referred to in this policy as “cookies”) allow a website to store and retrieve information about online activity, browsing habits and, depending on the information they contain and the way a computer is used, may be used to recognize the Individual.

Cookies can be categorized by who places them:

  • First-party cookies: These cookies are downloaded to an Individual’s computer from a computer or domain managed by the publisher of the website whose service the Individual is requesting.
  • Third-party cookies: These cookies are downloaded to an Individual’s computer from a server or domain that is not managed by the publisher of the website, but by another entity that may be seeking data obtained through cookies.

Cookies can also be categorized by their duration:

  • Session cookies: These cookies are designed to collect and store data while the Individual accesses a website. They are often used to store information for the duration of a visit to the website (e.g. what account Individual is logged into). Once an Individual leaves the website, the session cookie is deleted.
  • Persistent cookies: These cookies store data on the Individual’s computer for the duration period set within the cookie’s file, which is determined by the entity controlling the cookie and can range from a few minutes to several years, or until the Individual manually deletes them.

Lastly, cookies can be categorized by the function they serve. The Fisher Investments DIFC Branch uses the following types of first- and third-party cookies:

  • Functionality cookies: The Fisher Investments DIFC Branch uses functionality cookies to keep track of whether or not an Individual has consented to have other types of cookies placed on their computer and, if the Individual has consented, to note when consent was obtained. Functionality cookies do not collect any Personal Data. Enabling functionality cookies may be necessary to access the full content of website material.
  • Personalization cookies: Personalization cookies allow the website to remember information that changes the page’s appearance or behavior, such as, for example, the language selected for viewing the page.
  • Analytics cookies: Analytics cookies analyze site statistics and how Individual’s browse the Fisher Investments DIFC Branch’s websites and enable it to measure the number of visitors to the website, as well as to measure and analyze how Individuals interact with the website. This information is used to improve websites and the products or services offered.
  • Behavioral cookies: The Fisher Investments DIFC Branch serves advertisements on various websites using third-party companies. If an Individual visits a Fisher Investments DIFC Branch website or clicks on an advertisement, behavioral cookies will be placed on the Individual’s computer. Behavioral cookies allow the Fisher Investments DIFC Branch to manage and optimize its digital marketing (e.g. banner ads, pages offering informational brochures, email campaigns, etc.). Behavioral cookies may be used to build a profile to provide Individuals with content more relevant to their interests. They adapt advertising and the content Individuals see on other websites based on their browsing habits.

9. How to Manage Cookies

To learn more about behavioral advertising cookies and to opt in or out of multiple advertising networks at once, Individuals can visit the website YourAdChoices. Some advertising networks do not participate in the YourAdChoices service. To opt out of some of these networks, please visit the consumer opt-out page of the Network Advertising Initiative.

As explained above, cookies help to get the most out of the websites that make use of this technology. Disabling cookies may affect the functionality of many of the websites visited. If an Individual disables cookies, performance and functionality will be affected. If you wish to delete, disable, or re-enable cookies, Individuals may do so through your browser as follows:

Some browsers have a “Do Not Track” setting that allows Individuals to send a signal to the websites they visit that the Individual does not wish to be tracked. The Fisher Investments DIFC Branch website does not respond to these signals.

10. Changes to Privacy & Cookie Policy

From time to time, the Fisher Investments DIFC Branch may use Personal Data for new uses not previously disclosed in this policy to the extent permitted by law. If its practices regarding Personal Data change at some time in the future, the Fisher Investments DIFC Branch will post the policy changes to https://institutional.fisherinvestments.com/en-ae/privacy.