Privacy Statement

PRIVACY STATEMENT OF MATTHEWS ASIA FUNDS

Capitalized terms not otherwise defined herein shall bear the same meaning as in the Prospectus.

Luxembourg, August 2024

Dear Shareholder,

We are writing to inform you that the Company has decided to update the data protection policy of the Fund in order to comply with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (“GDPR”) and any applicable national data protection laws (including but not limited to the Luxembourg law of 1st August 2018 organizing the National Commission for data protection and the general system on data protection, as amended from time to time) (collectively hereinafter the “Data Protection Law”).

You are informed that any personal data that is furnished in connection with an investment in the Fund may be held on computers and processed by the Fund, acting as data controller.

Personal data processed may include: investor’s name, investor’s email address, investor’s country of residence, investor type (if the investor is a legal person, the same categories of personal data may be processed in relation to its contact person(s) and/or beneficial owner(s)) (the “Personal Data”). As part of its compliance with legal obligations such as AML/KYC, the Fund may be required to process special categories of Personal Data as defined by the GDPR, including Personal Data relating to political opinions as well as criminal convictions and offences. Personal data relating to political opinions of data subjects having a public political exposure will be processed by the Fund on the basis of article 9, (2), e) of the GDPR (i.e.  the personal data have manifestly been made public by the data subject).

You are hereby informed that you may refuse to communicate your Personal Data to the Fund, in this case however, the Fund may reject your request for shares in the Fund.

Investors and/or prospective investors who are legal persons undertake and guarantee to process Personal Data and to supply such Personal Data to the Fund in compliance with the Data Protection Law, including, where appropriate, informing the relevant data subjects of the contents of the present section, in accordance with articles 12, 13 and/or 14 of the GDPR.

Personal Data supplied by data subjects are processed in order to enter into and execute the subscription in the Fund (i.e. to perform any pre-contractual measures as well as the contract entered into by the data subjects), for the legitimate interests of the Fund and to comply with the legal obligations imposed on the Fund.

Personal Data may be processed for the purposes of (i) carrying out the services required by the investor, (ii) administering the holdings in the Fund, (iii) maintaining the register of investors, (iv) complying with the Fund’s legal obligations, including its obligations under applicable company law and anti-money laundering legislation as well as other applicable regulation like the FATCA Law and the CRS Law (as defined below under section “Taxation – 4. FATCA and CRS”) (v) client relationship management and (vi) commercial prospection. In addition, the data subjects acknowledge their rights to oppose to the use of Personal Data for commercial prospection by writing to the Fund.

The “legitimate interests” of the Fund referred to above are:

a)    the processing purposes described in points (v) and (vi) of the above paragraph of this clause;
b)    the provision of the proof, in the event of a dispute, of a transaction or any commercial communication as well as in connection with any proposed purchase, merger or acquisition of any part of the Fund’s business;
c)    compliance with foreign laws and regulations and/or any order of a foreign court, government, supervisory, regulatory or tax authority;
d)    risk management; 
e)    processing Personal Data of employees or other representatives of investors and/or prospective investors which are legal persons; and
f)    exercising the business of the Fund in accordance with reasonable market standards.

Personal Data shall be disclosed to third parties where necessary for legitimate business interests only. This may include disclosure to the Investment Manager, Global Distributor, Administrative Agent, Distributors or their delegates (the “Data Processor(s)”), Depositary, which may, as the case may be, process Personal Data as Data Processor (when processing Personal Data upon the Fund’s instructions, to assist the Fund in the context of the aforementioned purposes) or as distinct data controller (when processing Personal Data for its own purposes). Personal Data may also be transferred to any third party that acquires, or is interested in acquiring or securitizing, all or part of the Fund’s assets or shares, or that succeeds to it in carrying on all or a part of its businesses, or services provided to it, whether by merger, acquisition, reorganization or otherwise as well as to third parties such as auditors, regulators, and agents of the Investment Manager, Global Distributor, Administrative Agent, or Distributors (altogether the “Recipient(s)”) who , as the case may be, process such Personal Data for the purposes of surveillance of market timing activities, for anti-money laundering purposes, for compliance with foreign regulatory requirements, or for assisting the Data Processors in providing their services to the Fund. 

The Recipients may, under their own responsibility, disclose the Personal Data to their agents and/or delegates (the “Sub-Recipients”), which shall process the Personal Data for the sole purposes of assisting the Recipients in providing their services to the Fund and/or assisting the Recipients in fulfilling their own legal obligations.

No Personal Data shall be disclosed by the Processors and/or Recipients to third parties without prior specific written authorization of the Fund.

By subscribing to the Fund, you are informed of the transfer of their Personal Data and the disclosure of your Personal Data by the Fund, its Processors and/or Recipients, to companies situated in countries outside of the European Economic Area, which may or not offer an adequate level of protection, especially the United States of America. In such cases, said transfers shall be made on the basis of adequate contractual arrangements, which may take the form of the European Commission “Model Clauses” as well as, if necessary, supplementary measures. A copy of such “Model Clauses” may be obtained by writing to the Fund at 80, route d’Esch, L-1470 Luxembourg, or at privacy@matthewsasia.com. Further details with respect to the companies to which Personal Data might be disclosed as well as the related processes/treatments involving such data can be found in the Matthews’ subscription form.

The Personal Data may also be transferred to third-parties such as governmental, judicial, prosecution or regulatory agencies and/or authorities as well as official national registers, including tax authorities, in accordance with applicable laws and regulations. In particular, Personal Data may also be disclosed to the Luxembourg tax authorities, which in turn may acting as data controller, disclose the same to foreign tax authorities.

You are also informed that under certain conditions set out by the Data Protection Law, you have the right (i) to request access to your Personal Data, (ii) to ask for rectification thereof in cases where such Personal Data are inaccurate and/or incomplete, (iii) to object to the processing of your Personal Data, (iv) to ask for deletion of such data, (v) to restrict the use of your Personal Data and (vi) to ask for data portability.

In relation thereto, you may exercise the above rights by writing to the Fund at the following address: 80, route d’Esch, L-1470 Luxembourg, or at privacy@matthewsasia.com. You have also a right to lodge a complaint with the Luxembourg National Data Protection Commission (CNPD) at the following address: 15, Boulevard du Jazz, L-4370 Belvaux, Grand Duchy of Luxembourg; or with any competent data protection supervisory authority of their EU Member State of residence.

Personal Data shall not be held for longer than necessary with regard to the purpose of the data processing, subject to statutory periods of limitation.
You are informed that the Fund and its Processors may tape-record phone conversations with their agents. You are also informed of the use of such tape recordings by the Fund and/or its Processors in legal proceedings as the case may be.

Yours faithfully,
Matthews Asia Funds

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