Privacy Notice for First Eagle’s Non-U.S. Clients and Shareholders

Last revised: June 30, 2023
 
Privacy Notice for First Eagle’s Non-U.S. Clients and Shareholders

This Privacy Notice is provided by the following entities (collectively “First Eagle” or “we”): First Eagle Investment Management, LLC (“FEIM”); First Eagle Separate Account Management, LLC (“FESAM”); First Eagle Alternative Credit, LLC (“FEAC”); First Eagle Global Fund, First Eagle Overseas Fund, First Eagle U.S. Value Fund, First Eagle Gold Fund, First Eagle Global Income Builder Fund, First Eagle High Income Fund (formerly named First Eagle High Yield Fund), First Eagle Small Cap Opportunity Fund, First Eagle Global Real Assets Fund, First Eagle Rising Dividend Fund (formerly named First Eagle Fund of America), and First Eagle U.S. Smid Cap Opportunity Fund, each a separate portfolio of First Eagle Funds, an open-end investment management company; First Eagle Overseas Variable Fund, a portfolio of First Eagle Variable Funds, an open-end investment management company; First Eagle Credit Opportunities Fund, a closed-end interval fund; and First Eagle Private Credit Fund, a business development company (each, a “Trust” and, collectively with any additional portfolios that may be added to the Trusts from time to time, the “Trusts”).

First Eagle is committed to protecting your privacy. We are providing you with this Privacy Notice to inform you of how we handle your personal information that we collect and may disclose to our affiliates and nonaffiliates. If the First Eagle information practices change, we will provide you with notice of any material changes. This Privacy Notice supersedes any of our previous policies relating to the information you disclose to us. The Trust or private fund in which you hold shares will be the data controller of your personal information for data protection law purposes. If you have a separately managed account, FEIM, FESAM, or FEAC is the data controller of your personal information for such separately managed account for the purposes of data protection law.

Why this Privacy Notice Applies to You

You obtained a financial product or service from or through us for personal, family or household purposes when you became a client or shareholder of First Eagle and are therefore covered by this Privacy Notice.

Sources and Types of Personal Information We Collect

As part of providing you with First Eagle's products and services, we may obtain non-public personal information about you from the following sources:

  • Information we receive from your (or your employer’s, financial intermediary’s and/or designated representative’s) correspondence, interactions and transactions with us, our affiliates or others, including by letter, email, telephone, and our websites, and through information provided on subscription applications or other forms, such as your name, address, email address, telephone number, Social Security number, occupation, assets and income;
  • Information about your transactions with us, our affiliates, or unaffiliated third parties, such as your holdings and investment activity;
  • Information we receive from consumer reporting agencies, our service providers or other sources we may engage in connection with conducting due diligence, know-your-customer, anti-money laundering, and other checks required to be performed in relation to admitting new investors;
  • Information from public records we may access in the ordinary course of business; and
  • Information collected from you online, such as your IP address and data gathered from your browsing activity and location.
Why We Have and How We Use Your Personal Information

We process your personal information for a number of reasons including:

  • Where processing is necessary to perform a contract with your or take steps to enter into a contract at your request in order to provide you with First Eagle’s products and services, including to process your subscription application and other forms, provide information you have requested, create and administer your account, manage and administer your shares, maintain registers and communicate with you about your investments;
  • Where processing is in our legitimate interests, including to operate and facilitate our business and services to you, undertake business management, planning, statistical analysis, market research and marketing activities, administer and maintain our core records, protect First Eagle’s rights and interests, ensure the security of our assets, systems and networks, prevent, detect and investigate fraud, unlawful or criminal activities in relation to our services, and enforce our terms and conditions;
  • Where processing is necessary to comply with our legal and regulatory obligations including but not limited to applicable know-your-customer requirements, tax, anti-money laundering, fraud, sanctions and counter terrorist financing legislation. Personal information (including financial information) may be shared with applicable regulators, government bodies and relevant tax authorities. They in turn may exchange information (including personal information and financial information) with foreign tax authorities (including foreign tax authorities located outside the European Economic Area);
  • Where processing is necessary for the establishment, exercise or defence of legal claims; and ;
  • For any other specific purposes where you have given consent.
How Long We Keep Your Personal Information

We will keep your data for as long as you are a client or shareholder and afterwards in accordance with our legal and regulatory obligations. When deciding how long to retain your personal information, we take into account our legal and regulatory obligations, the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information described above, and whether we can achieve those purposes through other means. We may also retain your personal information to investigate or defend against potential legal claims in accordance with the limitation periods of countries where legal action may be brought.

Categories of Affiliates to Whom We May Disclose Personal Information

We may share personal information about you with affiliates. Our affiliates do business under names that include but are not limited to: First Eagle Holdings, Inc.; First Eagle Investment Management, LLC; FEF Distributors, LLC; First Eagle Separate Account Management, LLC; First Eagle Alternative Credit, LLC; First Eagle Investment Management, Ltd; First Eagle Investment Management GmbH; First Eagle Funds (Ireland) ICAV; First Eagle Amundi SICAV; Napier Park Global Capital (US) LP, Napier Park Global Capital Ltd, and Napier Park Global Capital GmbH; and any other First Eagle funds and any sub-funds, as applicable.

You May Limit Marketing Solicitations by Choosing to Opt Out

We offer you the right to opt out from many types of marketing by our affiliates based on your personal information that we collect and share in accordance with this Privacy Notice. To limit those marketing solicitations, Trusts investors may call 800.334.2143 indicating your desire not to receive marketing from our affiliates. Investors in private funds or separate accounts managed by First Eagle may call 800.800.9006. Should you choose to opt out, your choice will remain in our records until you notify us otherwise, although we may choose to contact you in the future to modify your preference.

When We May Disclose Your Personal Information to Unaffiliated Third Parties

We will only share your personal information collected, as described above, with unaffiliated third parties:
  • At your request;
  • When you authorize us to process or service a transaction or product (unaffiliated third parties in this instance may include service providers such as brokers and custodians, Trust distributors, registrars and transfer agents for shareholder transactions, sponsors of wrap fee or other non-institutional separately managed account programs, including certain broker-dealers, banks, investment advisers, and other parties providing individual servicing, accounting and recordkeeping services);
  • With companies that perform sales and marketing services on our behalf with whom we have agreements to protect the confidentiality of your information and to use the information only for the purposes for which we disclose the information to them; or
  • In connection with a corporate transaction, for example, if one or more of the Trusts are sold or transferred to a third party, or if there is a change in any advisor to a Trust, we may disclose your information to those third parties;
  • When required by law to disclose such information to appropriate authorities.

We do not otherwise provide information about you to outside firms, organizations or individuals except to our attorneys, accountants and auditors, and as permitted by law.

Transfer of Your Personal Information

If you are located in Europe please note due to the global nature of First Eagle’s operations, it may be necessary to disclose your personal information to persons in locations outside of the European Economic Area, the United Kingdom and/or Switzerland. Where First Eagle does disclose or transfer your data outside of these regions, we will ensure that appropriate data transfer mechanisms are in place. Generally, we put in place European Commission approved standard contractual clauses for such transfers.

Your Rights in Relation to Your Personal Information

If you are located in certain jurisdictions including the European Economic Area, the United Kingdom, Switzerland, Andorra, Argentina, Australia, Canada, Cayman Islands, the EU, Faroe Islands, Guernsey, Hong Kong, Israel, Isle of Man, Japan, Jersey, Mexico, New Zealand, Singapore, South Korea, Switzerland, the United Kingdom, and Uruguay, you have certain rights (subject to exceptions) with respect to our use of your personal information, which may include the right:

  • to access, amend, update, restrict, delete or object to the use of your personal information;
  • to request information about the basis on which your personal information is processed;
  • to withdraw your consent to the processing of your personal information (where the use of your personal information is based on your consent);
  • to complain to your local data protection authority; and
  • to request we send a copy of your data to another entity.
     
    • What We Do to Protect Your Personal Information

    We protect personal information provided to us according to strict standards of security and confidentiality. These standards apply to both our physical facilities and any online services we may provide. We maintain physical, electronic and procedural safeguards that comply with applicable legal and regulatory standards to guard consumer information. We permit only authorized individuals, who are trained in the proper handling of individual personal information and need to access this information to do their job, to have access to this information.

    What We Do with Personal Information about Our Former Customers

    If you decide to discontinue doing business with us, First Eagle will continue to adhere to this Privacy Notice with respect to the information we have in our possession about you and your account following the termination of our relationship.

    How to Contact Us

    If you have any questions about this notice or how we process your personal information, please call us toll free at: 1 (800) 482‑5667 or you can email us at FirstEagle.Privacy@firsteagle.com.