At Janus Henderson Investors, maintaining your privacy is important to us and we take precautions to safeguard your information. After all your relationship with us is built on trust and our goal is to preserve that trust. This policy applies where we are acting as a data controller with respect to your information; in other words, where we determine the purpose and means of the processing of that information. This policy sets out the basis on which your information is collected, stored and used by us.
Janus Henderson Investors
Data Privacy Office
By “information” we mean all of the personal and financial information about you that we collect, use, share and store. Most of the information collected by us is information which you have provided to us directly, whether this is from you signing up online to receive information from us or by your providing information to us when becoming a client of ours.
Information we collect from you when you visit and/or request to receive information from our website (by way of a non-exhaustive list):
- personal contact information (e.g. first name, family name, position in the company, company name, company email address, business phone number, business address, city, postcode and country); and
- how you access and use our website or other digital services (e.g. your IP address, your location, the device and software being used, pages visited, content viewed, links and buttons clicked through).
Information that we collect or generate about you includes (by way of a non-exhaustive list):
- the Janus Henderson services or products which you have engaged with and our interactions with you; and
If you are looking to become a client of ours, or are already a client of ours, in addition to the above, we may also collect or generate additional information about you. This includes (by way of a non-exhaustive list):
- financial information associated with managing your account with us, including bank account numbers and account transactions;
- investment details including aims and/or objectives, and risk profile;
- regulatory requirements, such as country of tax residency, tax identification number, signature, death and marriage certificates, appointed power of attorney, appointed court of protection order, bankruptcy orders, change of name deed, and trust deed;
- information about other people you are financially linked to (e.g. your spouse) or who have an interest in or association with any of your accounts (e.g. where you have opened an account for the benefit of a child);
- new account information, including date of birth and/or age, city or country of birth, and nationality;
- employment status including whether you are employed, retired or receive benefits;
- proof of identification information, which may include a copy of your driver’s license, passport, or other appropriate identification documentation (depending on what you provide to us); and
- any other relevant information provided by you to us in correspondence, whether by email, written letter, or telephone call.
There may be some instances where we receive information about you from a third party. This includes (by way of a non-exhaustive list):
- information received when you use an investment professional to make an application with us;
- information received from any fraud protection agency in relation to you, your account or any of your investments;
- background checks including information from social media; and
- events which you registered for and/or attended that featured a Janus Henderson investment product.
In addition to the categories of information described above, Janus Henderson will also process further anonymised information and data that is not processed by reference to a specific individual. Your information may be converted into statistical or aggregated data which cannot be used to re-identify you. It may then be used to produce statistical research and reports which may be shared within Janus Henderson.
We process your information to the extent necessary for us to carry out investment activities, provide communications to you, meet our regulatory obligations and for other legitimate purposes permitted by applicable law. Your information may be stored and processed by us in the following ways and for the following purposes (by way of a non-exhaustive list):
- opening of accounts, administering and managing your investment account(s) (as applicable), updating your records and tracing your whereabouts to contact you about your account;
- understanding your needs and interests;
- allowing you to use and access the functionality provided by our website services;
- communicating with you, where you have requested or consented, regarding any product or service or any other situation where you have engaged us to provide you with information;
- recording of incoming and outgoing calls for training, monitoring, and security purposes;
- ensuring the security of your investments by obtaining and/or verifying instructions either directly from you or through an agent appointed to act on your behalf;
- notifying you about any change to your investments, and/or to contact you about and enable you to exercise any rights in relation to your investments;
- investigating any complaint, dispute and/or any concerns relating to your investments and or activity on your account;
- identification verification, money laundering and other checks to confirm your identity and to ensure that the investments which we handle for you are done in compliance with our legal obligations;
- maintaining a register of investors;
- managing and administering our business;
- complying and assessing compliance with applicable law, rules and regulations and internal policies and procedures;
- administering and maintaining databases that store information;
- for some of our profiling and other automated decision making, which may be relevant to your investments and/or the way we manage your investments;
- anonymisation that enables us to undertake market research, analysis and developing statistics from information that is not referenced to a specific individual;
- for marketing communications (where it is lawful for us to do so and where you have not objected to the use of your information for these purposes);
- to carry out searches at fraud protection agencies pre-application, at the application stage, and periodically after that; and
- to deal with requests from you to exercise your rights under data protection laws.
Whenever we use information, we make sure that the usage complies with all applicable laws. Data protection laws require us to have one or more of the following reasons:
- ‘Contract performance’ - the information needed to deliver your account, product or service (e.g. we’ll need to hold your transaction history to give you an account statement).
- ‘Legal obligation' - we are required by law to process your information (e.g. to verify your identity).
- ‘Legitimate interest’ - we’re allowed to use your information where, on balance, the benefits of us doing so are legitimate and not outweighed by your interests or legal rights (e.g. we have an interest in knowing what our clients do and don’t like so we can offer better products and services).
- ‘Consent’ - in some cases we may obtain your consent to use information in a particular way or where the law requires consent to be obtained (e.g. if you consent to us sending information about new products. Whenever ‘consent’ is the only reason for us using the information you have the right to change your mind and change or withdraw your consent).
We may share your information within Janus Henderson (both in the UK and internationally) for the purposes described above. All of our employees and contractors are required to follow our data privacy and security policies when handling information.
We may also share your information outside of Janus Henderson under the following circumstances.
Legal obligations: we share information: (i) to the extent that we are required to do so by applicable law, by a governmental body or by a law enforcement agency, or for crime prevention purposes (including fraud protection); (ii) in connection with any legal proceedings (including prospective legal proceedings); or (iii) in order to establish or defend our legal rights.
Consent: when you request that we share your information with someone else (for example if you engage the services of a professional advisor after you have become a client of ours and request that we provide information about your account to that professional advisor) or when we have otherwise obtained your consent. If we share information other than as permitted or described above, we will provide you with a choice to opt in to such sharing and you may choose to instruct us not to share the information.
Business sale: if we sell some or all of our business or assets we may need to disclose your information to a prospective buyer for due diligence purposes. If we are acquired by a third party, the information held by us about you will be disclosed to the third party buyer.
You have the following rights under applicable data protection laws. In most cases you can exercise them free of charge. If your investment is through one of our non-EU companies, you may not be entitled to all of the rights set out in this section.
You have the right to:
- be informed about the processing of your information;
- have your information corrected if it is inaccurate and to have incomplete information completed;
- object to or restrict processing of your information. Please note that there may be circumstances where you object to, or ask us to restrict our processing of your information but we are legally entitled to refuse that request;
- withdraw your consent to processing of your information at any time. Please note, however, that we may still be entitled to process your information if we have another legitimate reason for doing so (e.g. we may need to retain information to comply with a legal obligation);
- have your information erased in certain circumstances. Please note that there may be circumstances where you ask us to erase your information but we are legally entitled to retain it;
- request access to your information and to obtain information about how we process it;
- move, copy or transfer your information;
- receive some information in a structured commonly used and machine-readable format and/or request that we transmit that data to a third party where technically feasible. Please note that this right only applies to information which you have provided directly to Janus Henderson and may not always apply;
- lodge a complaint with the relevant data protection regulator if you think any of your rights have been infringed. As our European headquarters are in the UK, you can also contact the Information Commissioner’s Office which enforces data protection laws: https://ico.org.uk ; and
- be informed how your information is used in relation to automated decision making which has a legal effect on or otherwise significantly affects you.
Please note that if you withdraw your consent for the future processing of your information we may be unable to send you some marketing communications or information regarding events sponsored by Janus Henderson. Additionally note, when we send you marketing, you will always be provided with an option to unsubscribe or opt out of receiving further marketing from us.
Janus Henderson Investors
Data Privacy Office
The information that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (the “EEA”) and/or outside your country of citizenship or residency. It may be processed by staff operations who work for us or for one of our service providers.
Where we transfer your information to another country outside the EEA, and/or outside your country of citizenship or residency, we will ensure that it is protected and transferred in a manner consistent with legal requirements. For example, this may be done in one of the following ways:
- the country that we send the information to might be approved by the European Commission or the relevant data protection authorities as offering an adequate level of protection for information;
- the recipient might have signed up to a contract based on “model contractual clauses” approved by the European Commission, obliging them to protect your information;
- the country that we send the information to may subscribe to an “international framework” intended to enable secure data sharing; or
- in other circumstances the law may permit us to otherwise transfer your information outside the EEA and/or outside your country of citizenship or residency.
You can obtain more details of the protection given to your information when it is transferred outside the EEA (including a copy of the standard data protection clauses which we have entered into with recipients of your information) by contacting us via email at email@example.com or by postal service at:
Janus Henderson Investors
Data Privacy Office
We will retain information as needed to fulfill the purposes for which it was collected. We will retain and use your information as necessary to comply with our business requirements, legal obligations, resolve disputes, protect our assets, and enforce our agreements. We will not retain your information for longer than is reasonably necessary.
We have physical, administrative, procedural and technical safeguards in place to protect your information from unauthorised access, use or disclosure. We also contractually require that our third party service providers protect such information to the standard required by applicable data protection laws. We regularly adapt these controls to respond to changing requirements and advances in technology.
As a condition of employment, Janus Henderson employees are required to follow all applicable laws and regulations, including data protection laws. Access to sensitive information is limited to those employees who need it to perform their roles. Unauthorised use or disclosure of confidential client information by a Janus Henderson employee is prohibited and may result in disciplinary measures.
This additional information is being provided as required by the California Consumer Privacy Act (the “CCPA”). The CCPA provides California residents with specific privacy rights, including the right to:
- Know what personal information we collected about you during the last 12 months;
- Request the deletion of your personal information collected or maintained by us;
- Receive equal treatment for exercising these rights (i.e., we shall not discriminate against you for exercising any of your rights under the CCPA); and
- Receive this information in a readily assessable format.
We’ll keep this information up to date and it will always be available at janushenderson.com or on request at any time.