The information presented in this Information Notice regarding the use of Cookies and similar technologies ("Policy on cookies" or the “Policy”) is intended to inform you, as a user of this website (the "Website"), in particular, on more details about the placement, use and administration of the cookies and similar technologies (collectively referred to as "Cookies") through this Website. There are also some useful links related to Cookies. If you need more information and they are not found below, you can contact us at the following addresses:
The present Website is operated by the company Franklin Templeton International Services S.à r.l., Bucharest Branch, with the registered office in 76-80 Buzești Street, Premium Point building, 8th floor, 1st district, Bucharest, postal code 011017, Romania, telephone + 40-21-200-96-00, fax + 40-21-200-96-31 / 32, email office@fondulproprietatea.ro, hereinafter referred to as "The controller", "we".
The Website is addressed to people who are at least 18 years old. Our online services are not designed to be used by minors under the age of 18.
This Information Notice contains information about Cookies, which will allow you to understand how they work and how we use them. Certain details are also presented regarding the processing of personal data through the Website. For more information on how we process personal data we collect with the help of Cookies or otherwise through the Website, please review the General Information Notice for data subjects regarding the processing of personal data ("General information Policy"). This Policy on cookie and the General Information Policy are complementary documents and we recommend that you read both.
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:
(*) Our legitimate interest is when we have a business or commercial reason to use the information. However, it must not unfairly go against what is right and best for you (more details are available upon request).
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 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.
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.
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.
Individuals have the right to request that we restrict processing of their personal information where one of the following applies:
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.
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.
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.
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.
An individual also has a right to lodge a complaint with a supervisory authority, in particular in the Member State in the European Union where they are habitually resident, where they work or where an alleged infringement of Data Protection laws has taken place.
If you are a current or former shareholder and/or GDR holder (“investor”), business contact, subscriber or potential client covered by this Notice, we will keep you up-to-date with details of our products and services through Communications 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 will use it only to provide services pertiaining to the contract.
Any complaints and requests to exercise your rights should be addressed to the Data Protection Officer, 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 European Economic Area (EEA).
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
If we need to transfer personal data outside the EEA, we will take steps to make sure your personal information is protected and safeguarded once it leaves the EEA, in particular, we will use the EU Data Protection Model Clauses approved by the European Commission and permitted under Article 46 of the GDPR. 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 Fondul Proprietatea for 10 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 Website.
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.
Personal Information we collect about investors in Fondul Proprietatea. Investors include current and former GRD holders and shareholders of Fondul Proprietatea.
We collect certain personal information but this is not limited to the following: direct from investors, through their referring professional adviser, intermediary or bank or other firm.
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:
We use the personal information we collect about investors for the following purposes:
We justify our processing of investors’ personal information on the following legal bases:
We have determined that our legitimate interests include the following:
If an 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 investor has provided consent, such as in the case of certain marketing communications (see “Marketing Communications” above). In the event that an investor wishes to withdraw their consent they should contact the Data Protection Officer.
In certain circumstances, where an 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 investor.
We will disclose investors’ personal information as follows:
We collect the following information from members of the Board of Nominees:
We use the personal information we collect about the Board of Nominees for the purposes of:
We justify our processing of the Board of Nominees members’ personal information on the following legal bases:
We have determined that our legitimate interests include the following:
If a member of the Board of Nominees 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 member of the Board of Nominees 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 member of the Board of Nominees.
We will disclose personal information of the Board of Nominees as follows:
We collect personal information from our business contacts and potential clients, such as representatives of banks or financial firms, professional advisers, suppliers and potential investors including the following:
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
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.
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.
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: www.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.
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:
www.franklintempletonglobal.com/privacy/fund-entities
If an individual wishes to exercise their individual rights, or to raise any questions, concerns or complaints concerning this Notice or on our privacy
Franklin Templeton Group Companies | ||||
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Luxembourg | Romania | |||
Grand Duchy of Luxembourg |
|
Individuals |
Business contacts & Potential clients |
External Directors |
Website and social media users |
---|---|---|---|
Administrators Banking Application Suppliers Cloud-based solution providers Couriers Courts Custodians Document Archive, Storage and Destruction Suppliers Events Management Providers Financial Services providers Investment Managers IT Systems Suppliers Parties representing an Individual Print Services Suppliers Professional advisors, i.e. auditors and lawyers Regulators Security or Police Authorities Tax Authorities Trade Messaging System Suppliers Transfer Agencies |
Administrators Asset Management services Banking Platforms Brokers Business Contact database administrators Cloud-based solution providers Couriers Courts Custodians Dealing platforms Document Archive, Storage and Destruction Suppliers Events Management Providers IT Systems Suppliers Print Services Suppliers Professional advisors, i.e. auditors and lawyers Regulators Security or Police Authorities Tax Authorities Trade Messaging System Suppliers Transfer Agencies |
Administrators Asset Management services Banking Platforms Brokers Cloud-based solution providers Couriers Courts Custodians Dealing platforms Document Archive, Storage and Destruction Suppliers Events Management Providers IT Systems Suppliers Payroll Providers Print Services Suppliers Professional advisors, i.e. auditors and lawyers Regulators Security or Police Authorities Tax Authorities Trade Messaging System Suppliers Transfer Agencies |
Account Processing System suppliers Business Contact database administrators Social Media Providers |
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 Individuals or institutional client to service or maintain accounts.
Asset Management services - Third parties working on FT’s behalf or for Individuals 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 Individuals and institutional clients providing administration, transfer or asset management services.
Brokers - Third parties working on FT’s behalf or for Individuals 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 Individuals 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 Individuals 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 Individuals 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 Individuals - Third parties representing Individuals, 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 Individuals or institutional clients.
Transfer Agencies - Third parties working on FT’s behalf or for Individuals or institutional client to service or maintain accounts.