Privacy Policy

Tailwind Financial Services Private Limited ("Tailwind AMC"), or any third party service provider, functionary, or agent appointed by Tailwind AMC acting on its behalf (together, "Tailwind AMC managed Investment Approach", "we", "us", "our") are committed to protecting your personal data and are required, by Data Protection Legislation (as defined below), to provide individuals with certain information about how we use your personal information.

This privacy notice and policy ("Privacy Policy") explains what information we collect from you or you provide to us, how we use it and with whom we share that information. The Privacy Policy also sets out your rights and who you can contact for more information.

In this Privacy Policy:

Your information is sometimes called "personal data";
We may also sometimes collectively refer to handling, collecting, protecting and storing your personal data as "processing" such personal data; and
The term "Data Protection Legislation" means all applicable legislation relating to privacy or data protection.

For the purposes of Data Protection Legislation the data controller is Tailwind AMC.

1. What information we collect about you

We may collect, record and use information about you in physical and electronic form and will hold, use and otherwise process the data in accordance with Data Protection Legislation and as set out in this Privacy Policy.

The personal data we collect and process may include:

Information obtained from identification documentation (including your name, contact details, nationality and national identity numbers (where applicable));
Your professional title, occupation and details of your employment;
Your age and marital status;
Financial information, tax status, account details and evidence of ownership of financial assets;
Personal identifiers such as your social security number, national insurance number, tax file number, IP address or our internal electronic identifiers;
Information which we or our service providers need to conduct 'know your client' checks such as details relating to your passport and credit history; and
Other information you provide in the course of your dealings with us or which we require to provide you with products and services.

In certain circumstances, we also collect and process what are known as 'special categories' of personal data (as defined by Data Protection Legislation). Money laundering, sanctions, financial crime and fraud prevention checks sometimes result in Tailwind AMC obtaining information about actual or alleged criminal convictions and offences.

You are not obliged to provide us with your personal data where it is requested but we may be unable to provide certain products and services or proceed with your business relationship with Tailwind AMC if you do not do so.

2. How we collect your information

The information we collect comes from:

Application forms or documents or other materials you or your authorised representative submits to us during the course of your relationship with Tailwind AMC managed Investment Approach;
You or your authorised representative's interactions with us, transactions and use of our products and services (including the use of any of our websites);
Your or your authorised representative's business dealings with us, including via email, telephone or as stated in contracts with you;
Depending on the products or services you or your authorised representative requires, third parties (including for credit and money laundering checks, among other things); and
Recording and monitoring tools that we use for compliance or security purposes (e.g. recording of telephone calls, monitoring emails, etc.).

3. How we use your information

We use your information for the following specific purposes:

To facilitate and record your holdings of shares in Tailwind AMC managed Investment Approach, the management and administration of your holdings in Tailwind AMC managed Investment Approach and any related administration on an on-going basis;
To process transactions and to improve the quality of the service that we provide to you;
To communicate with you as necessary in connection with the proper running of the Fund;
To update and maintain records and carry out fee calculations;
To monitor and record calls and electronic communications;
In connection with Tailwind AMC’s or Tailwind AMC’s managed Investment Approach internal management and reporting;
To report regulatory and tax related information to regulatory and tax authorities in order to comply with a legal obligation, including any obligation arising under legislation implementing the U.S. Foreign Account Tax Compliance Act of 2010, as amended, and the Organisation for Economic Co-operation and Development's Common Reporting Standard;
To permit, administer and record your investment in Tailwind AMC managed Investment Approach;
Verifying the identity of the prospective investor to comply with statutory and regulatory requirements in relation to anti-money laundering procedures;
In order to carry out actions which are necessary to comply with legal obligations in relation to the prevention of fraud, money laundering, terrorist financing, bribery, corruption, tax evasion and to prevent the provision of financial and other services to persons who may be subject to economic or trade sanctions, on an on-going basis;
For prudential and risk management purposes;

Additionally, we may use your personal data for several general purposes, like to fulfil your requests for certain products and services, to keep you up to date on the latest product announcements, software updates, special offers or other information we think you would like to hear about either from us or from our business partners, and to better understand your needs and provide you with better services. We may also use your information to send you promotional materials about services.

We may also use the information furnished by you for the purpose of providing any services to which you subscribe and to notify and/or contact you regarding any problem with, or the expiry of such services. Under certain circumstances, we may be required to share the information given by you with the third parties, where we feel they can contribute to add value and improve the quality of services imparted by us to you. We shall take all reasonable steps to ensure that the confidentiality of your information is maintained by imposing strict confidentiality standards on all the third parties with whom we part this information.

All information provided by you to us is only to help us provide better services to you. To ensure high quality services and high degree of value addition to our services, we may combine the information given by you on the website or through other channels.

We shall use the personal information to improve our services and to keep you updated about our new products or information that we think may be of interest to you. We shall endeavour that the information collected from you is used in the right spirit and context in which it is intended to be used.

We would ensure that we collect personal information only to the extent it is necessary to administer our services in the best possible manner and as may be required from time to time under the various rules, regulations and laws of India.

We may also have to share your personal information wherever it is so required to be disclosed under the existing laws to any of the governmental authority / statutory authority or any other regulatory bodies/ agencies.

4. Legal grounds for using your personal information

Data Protection Legislation permits us to process your personal data in the way that we do because the processing is:

Necessary for the purposes of the legitimate interests that we pursue, which are to run and administer the Fund, to discharge our legal obligations, to store and disclose information where necessary and to evaluate, develop and improve our services; or
Necessary for the performance of a contract with you; or
Necessary in order to comply with a legal obligation to which we are subject.

To the extent that we process any special categories of data relating to you for any of the purposes outlined above, we will do so because either: (i) you have given us your explicit consent to process that personal data; (ii) you have made the personal data manifestly public; or (iii) the processing is necessary for the establishment, exercise or defence of legal claims.

5. Providing your information to third parties

The following categories of recipients may receive your personal information and process it for the purposes outlined in this Privacy Policy:

Third parties such as auditors, regulatory authorities, technology providers, agents, contractors, other service providers or related companies (including payment processors) if this is necessary to administer your investment in Tailwind AMC managed Investment Approaches, respond to your enquiries or for any other related purposes;
Supervisory or governmental authorities to the extent we are required by law to do so, and in certain other limited circumstances (for example if required by a court order or regulatory authority, or if we believe that such action is necessary to prevent fraud);
Tax authorities.

Tailwind AMC does not undertake marketing activities for third parties, nor does it provide information to third parties for their own marketing purposes.

6. Your rights

At any time, you have the right:

To be informed about the processing of your personal data (i.e. for what purposes, what types, to what recipients it is disclosed, storage periods, any third party sources from it was obtained, confirmation of whether we undertake automated decision-making, including profiling, and the logic, significance and envisaged consequences);
To request access to or a copy of any personal data which we hold about you;
To rectification of your personal data, if you consider that it is inaccurate;
To ask us to delete your personal data, if you consider that we do not have the right to hold it;
To withdraw consent to our processing of your personal data (to the extent such processing is based on previously obtained consent);
To restrict processing of your personal data;
To data portability (moving some of your personal data elsewhere) in certain circumstances;
To object to your personal data being processed in certain circumstances; and
Not to be subject to a decision based on automated processing and to have safeguards put in place if you are being profiled based on your personal data.

Any request for access to or a copy of your personal data must be in writing and we will endeavour to respond within a reasonable period and in any event within one month in compliance with Data Protection Legislation. We will comply with our legal obligations as regards your rights as a data subject. We will correct any incorrect or incomplete information of which we are aware and will stop processing your personal data, or erase it, where there is no legal reason for us to continue to hold or use that information. We aim to ensure that the information we hold about you is accurate at all times. To assist us in ensuring that your information is up to date, do let us know if any of your personal details change.

7. How long we keep your information

We will only keep the information we collect about you for as long as required for the purposes set out in this Privacy Policy or as long as required for us to comply with any legal obligations to which we are subject being the longest of the following periods:

A minimum of six years;
As long as is necessary for the relevant activity or as long as is set out in any relevant agreement you enter into with Tailwind AMC or Tailwind AMC managed Investment Approach;
The length of time it is reasonable to keep records to demonstrate compliance with professional or legal obligations;
Any retention period that is required by law; or
The end of the period in which litigation or investigations might arise in respect of an investment in Tailwind AMC managed Investment Approach.

This will involve us regularly reviewing our files to check that information is accurate, up-to-date and still required.

8. How we protect your information

We ensure that there are appropriate technical, physical, electronic, and administrative safeguards in place to protect your personal details from unauthorised access.

9. Changes to Privacy Policy

This Privacy Policy may be amended from time to time without notice. If our Privacy Policy changes in any way, we will place an updated version on our website. Regularly reviewing the Privacy Policy ensures that you are always aware of what information we collect, how we use it and under what circumstances, if any, we will share it with other parties.

10. Disclaimers

This Privacy Policy is for your information and should not be used as the basis for any decision to purchase or redeem investments in Tailwind AMC managed Investment Approach. The views and information expressed in this policy do not constitute and may not be relied upon as constituting any form of investment advice or inducement to invest, and prospective investors must obtain appropriate independent professional advice before making investment decisions.

The website contains links to other websites. We shall not be responsible for the privacy practices or the content of such other websites.

Although, we take appropriate steps to maintain the security of personal information collected from you, but you must understand that the open nature of the internet is such that data may flow over networks without security measures and may be accessed and used by people other than those for whom the data is intended. We assume no responsibility of whatsoever nature as to make good the losses and damages you may incur, due to privacy and/or security breach of your personal information.

We reserve the right to change our policy at any time with or without notifying users of the existence of a new privacy statement. This statement and the policies outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any party.