Privacy notice for OEIC investors

This is the Privacy Notice for each of:

• Baillie Gifford Investment Funds ICVC;
• Baillie Gifford Investment Funds II ICVC;
• Baillie Gifford Investment Funds III ICVC;
• Baillie Gifford UK & Balanced Funds ICVC;
• Baillie Gifford Bond Funds ICVC; and
• Baillie Gifford Overseas Growth Funds ICVC

(each an “OEIC” and together “the OEICs”)

The OEICs are committed to protecting the privacy and security of personal information entrusted to us.

This privacy notice is intended for investors who invest in the OEICs.

This notice describes how each OEIC as a "Data Controller", collect and use personal information about you during and after your relationship with us, in accordance with the U.K. General Data Protection Regulation (GDPR). It applies to all processing of personal data that we undertake, and supplements any other similar notices or information provided to you at the time you supplied your personal data.

This privacy notice is not intended for individuals who previously invested directly with us through our Investment Trust ISAs, Share Plans or Children’s Savings Plans. Neither is it intended for those who subscribe to our marketing, candidates for recruitment or for our business contacts.

• If you are a former direct investor in our Investment Trust ISAs or Plans, please see the former investors privacy notice.
• If you subscribe to our marketing, please see the marketing recipients privacy notice.
• If you are a business contact, please see the business contacts privacy notice.
• If you are a candidate for recruitment, please see the candidates privacy notice.

The kind of information we hold about you

We may collect, store, and use the following categories of personal information about you:

• personal details such as name, title, date of birth, addresses, telephone numbers and email addresses;
• identification and verification information and documents, such as signatures, passports, driving licences, birth/marriage certificates and tax/credit references;
• financial and transactional information relating to your investment and your instructions regarding these.

We may also in some circumstances record telephone conversations with you. If you provide us with additional information about you, in particular by telephone or email, we may for regulatory reasons be required to collect and store the record as a whole. This might include: information about your race or ethnicity, religious beliefs, sexual orientation, marital status, and political opinions.
We ask that you do not disclose any such information to us if you are uncomfortable for it to be stored on our systems to comply with our regulatory obligations.

How is your personal information collected?

We typically collect personal information about our investors directly from them. We will collect other information about you from third parties in the course of carrying out our anti-money laundering/anti-fraud obligations. We may collect additional personal information in the course of our relationship as a necessity of the services being provided.

How we will use information about you

We will only use your personal information when the law allows us to; this is known as a “legal basis” for processing.

Situations in which we will use your personal information

We may use your personal information to:

• administer your investment in accordance with your instructions; the legal basis for this will be in performing a contract we have entered into with you or an associated individual, such as a joint holder, donor or trustee;
• process your identification and details in order to comply with our anti-financial crime obligations;
• check your identification details against databases of individuals who are subject to sanctions, classified as “politically exposed persons” or have committed crimes and following up any suspicions, in order to ensure that we comply with our anti-money laundering and terrorism obligations and to avoid fraud itself; and
• meet our other compliance and regulatory duties, for example to retain certain records.

We may also use your personal information in the following situations, which are likely to be rare: where we need to protect your interests or someone else's interests or where it is needed in the public interest or for official purposes.

There may be overlap in the circumstances in which we use the same information about you.

Change of purpose

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law or regulation.

Data sharing and third-party processors

We may need to share your personal data with third parties, including Baillie Gifford & Co Limited as authorised corporate director (ACD) of each OEIC and other entities within the Baillie Gifford group (Baillie Gifford) and our auditors. Where we share your personal data with another party performing services for us (not for you), we require those third parties to respect the security of your personal data and to treat it in accordance with the law.

Which type of third-party service providers appointed by Baillie Gifford will process my personal information?

We may share your personal information with:

1. a regulator or other authority (such as HMRC) in order to comply with the law; or
2. a screening or identity checking service as required by law in order to carry out your instructions in relation to the products or services we provide to you.

A list of our current third-party service providers is provided at the end of this notice.

When might you share my personal information with other entities in the group?

We will share your personal information with other entities in our group only in so far as necessary to provide the products and services you have requested or contracted from us.

Data security

We have put in place measures to protect the security of your information. Details of these measures are included in group-wide policies which cover the following:

• management and organisation of information security;
• classification of data which includes data handling rules;
• staff training on responsibilities connected to information security and data protection, and the reporting of any information security incidents;
• physical and environmental security; and
• systems security, including backups, virus protection and access controls.

Our policies and controls are based on the international standard for information security, ISO27001, to which we have been certified since 2010. We are committed to implementing, maintaining and continually improving an information security management system in accordance with that standard. Our approach supports the enhancement of information security controls and our information governance framework is overseen by our Chief Information Security Officer. That framework includes a cross functional senior management group supported by expert external advice to oversee an effective information security strategy. We also have a rigorous third-party oversight programme designed to maintain the confidentiality, integrity and availability of your data when it is processed by other organisations on our behalf.

Data retention

How long will you use my information for?

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal or regulatory requirements.

You will appreciate that as a regulated business, there are record retention obligations on us. As a result, where necessary, we will retain your personal data in order to comply with these obligations.

Rights of access, correction, erasure, and restriction

Your rights in connection with personal information

Under certain circumstances, by law you have the right to:

• Request access to your personal information. This enables you to receive a copy of the personal information we hold about you and to check that we are processing it lawfully.
• Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
• Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to stop processing personal information where we are relying on a legitimate interest and there is something about your particular situation which makes you want to object to processing on this ground.
• Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
• Request the transfer of your personal information to another party.

You can exercise these rights by contacting trustenquiries@bailliegifford.com

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights).

Data protection officer

If you have any questions about this privacy notice, please contact trustenquiries@bailliegifford.com. If you are unhappy with how we handle your personal information, please contact the Data Protection Officer at DataProtection@bailliegifford.com. If we do not resolve your concerns to your satisfaction, you have the right to make a complaint to the Information Commissioner's Office (ICO), the U.K. data protection regulator.

Changes to this privacy notice

We may update this privacy notice from time to time and will communicate such updates through our website. We will not do so where we believe this would materially impact your rights and freedoms: in those circumstances we will expressly notify you. We may also notify you in other ways from time to time about the processing of your personal information.

Third party providers

Third party providers who may currently process your personal data on behalf of an OEIC:

• Experian - the firm used by Baillie Gifford to perform identity verification checks on clients for Anti Money Laundering purposes.  Experian will retain a record of such checks in accordance with their own policies.
• MessagePad - a firm appointed by Baillie Gifford to take messages from clients when calls volumes are high and outwith office hours.
• Refinitiv - a screening service used to ensure we meet our anti-financial crime obligations.

Please note that the above list is subject to change.