TCW Funds (the “Fund”) will act as the data controller for the provision of the relevant services in relation to any personal data of the investor (if she/he is an individual) or of individuals linked to the investor (the “Individuals”). Personal data will be processed in compliance with European data protection legislation (including the EU Data Protection Directive (95/46/EC), the EU General Data Protection Regulation (Regulation (EU) 2016/679) and any other EU or national legislation which implements or supplements the foregoing). “Personal Data”, “Processor”, and “Controller” have the meanings given in the applicable Data Protection Laws.

The confidentiality, privacy and security of such personal data is ensured by the Fund and physical, electronic and procedural safeguards are maintained to protect any Personal Data.

The Fund may collect, record, store, adapt, transfer or otherwise process and use, by electronic or other means, Personal Data about Individuals (the “Individuals Data”) in connection with the performance of its respective tasks from the following sources: information provided verbally, electronically or in writing, including information provided on subscription documents, questionnaire and other forms provided by the investor information that is generated in the course of the business of the Fund, the performance of the contract; the use of products and services and the relationship with the Fund such as financial statements; and data that may be received from third parties.

The Individuals’ Data includes identification data such as name and address details, nationality, registration number, bank account information, source of funds, contractual and other documentation, transactional information such as the participation in each of the funds, contributions and distributions and personal tax details and contact details of the investor, respectively the Individuals, as well as name and first name, date of birth, place of residence, fiscal domicile, address, nationality, telephone number, tax number and copy of ID or passport of the authorised representatives or beneficial owner of the investor as well as any other information pertaining to the aforementioned Individuals that has been disclosed to the Fund in the context of the business relationship, which is disclosed or becomes known to the Fund in the context of the investor’s subscription or during the course of the present business relationship.

Individuals’ Data is to be used for the following purposes (the “Purposes”) of:

  • processing subscription, redemption orders;
  • maintaining the register of Investors
  • carrying out the Administrative Agent and Registrar and Transfer Agent’s obligations under and pursuant to this Subscription Agreement and in relation to the applicant becoming an investor;
  • account administration;
  • the development of business relationships;
  • the fight against money laundering and terrorist financing purposes;
  • Foreign Account Tax and Compliance Act (FATCA) purposes (in accordance with the Luxembourg law of 24 July 2015 implementing the Foreign Account Tax Compliance Act);
  • Common Reporting Standard (CRS) purposes (in accordance with the Luxembourg law of 18 December 2015 implementing the Directive of Administrative Cooperation);
  • for compliance with regulatory requirements, including foreign laws; and
  • marketing purposes.

The processing of Individuals’ Data is necessary for the Fund to enter into a contract with the investor, to comply with their respective legal obligations such as AML or because it is necessary for the legitimate interests of the Fund or its service providers.

Generally, the Fund will not provide Individuals’ Data to outside firms, organisations or individuals, unless it is required in the normal course of business, or as otherwise permitted or required by law, or on request from an applicable regulator.

In addition, in order to best serve the investors, the Fund may provide the Individuals’ Data to affiliate and to firms that assist the Fund in serving the investor and have a need for such information, such as

  • Processors supporting the activities of the Fund which include, in particular, the Management Company, the Administrative Agent and Registrar and Transfer Agent, the Depositary, placement agents, distributors and sub-distributors, auditors and legal advisors of the Fund.
  • to the government of Luxembourg (or to other foreign fiscal authorities, as applicable) as well as to other public authorities (including supervisory or regulatory authorities) to comply with any applicable Luxembourg law and the obligation of the Luxembourg government (or other foreign fiscal authorities, as applicable) to automatically exchange information as outlined above.
  • to any banks, clearinghouse and financial institutions that provide credit or other financing facilities to the Fund and that require such information for the purposes of the prevention of money laundering.
  • to any regulatory authority having jurisdiction over the Fund, including any regulatory authority with whom the Fund is registered for offering, or any of their respective affiliates or any regulatory authority that requests such information in connection with any proposed investment or disposition of an investment.
  • in connection with any litigation or other dispute or otherwise as necessary or appropriate to enforce the terms of this Subscription Agreement.
  • as required by any law, rule or regulation or in response to any subpoena or other legal process.

In the event of a proposed or actual merger, sale or other transfer of all or the relevant portion of the assets or business of the TCW Funds or any entity controlling the TCW Funds, the personal data collected about you may be disclosed to the potential acquirer or successor for due diligence purposes and to complete the transaction.

The Fund and the recipients of Individuals’ Data (as the case may be) will require third party service providers to protect the confidentiality and privacy of such Individuals’ Data and to use the information only for the purpose for which the disclosure is made. For this purpose, the recipients mentioned above have entered into an agreement with the Fund and the respective non-governmental recipients to keep Individuals’ Data secure.

The Processors and recipients of Individuals’ Data may be located outside the European Economic Area, i.e. in the United States, Chile, Japan, Korea, Singapore and Switzerland. As these jurisdictions may not offer an adequate level of protection for Personal Data, the Fund has entered, or will enter, into legally binding transfer agreements with the relevant Processors and non-governmental recipients of Individuals’ Data in the form of the EU Commission approved standard data protection clauses (in
accordance with Article 46.2 of the GDPR).

The Fund collects only such information that is useful and required for the performance of the services it provides to the investor. Any Data will be held for a period of 10 years after the termination of the relationship between the investor and the Fund and in any event no longer than necessary with regard to the purpose of the data processing or as required by law.

The Individual has the right to obtain a copy of its Personal Data and such other information as required under relevant law and regulation and may ask for a rectification thereof in cases where such personal information is inaccurate and incomplete. The Individual also has the right to ask for their Personal Data to be erased from the Fund’s systems and the systems of any third parties acting on its behalf.

Further, the Individual has the right to ask questions or complain about how the Fund and the recipients process their Personal Data, including the right to complain to the relevant data protection regulator (Commission Nationale de la Protection des Données, “CNPD”: 1, avenue du Rock’n’Roll, L-4361 Esch-sur-Alzette, Tel.: (+352) 26 10 60-1).

The investor may, in its discretion, (i) refuse to communicate its Personal Data to the Fund and the recipients, (ii) refuse the aforementioned processing of the Personal Data (in cases where the data has been processed on the legitimate interest of the Fund or for the performance of the contract), or (iii) withdraw her/his/its consent to such data processing. In this event the Fund may reject the investor’s request for subscription for Shares in the Fund.

To exercise these rights or for any other data protection queries, the Individual can contact the Fund as follows: 28-32 Place de la Gare, L-1616 Luxembourg.

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