We take your privacy very seriously. Please read this privacy policy carefully as it contains important information on who we are and how and why we collect, store, use and share your personal data. It also explains your rights in relation to your personal data and how to contact us or supervisory authorities in the event you have a complaint.
When we use your personal data we are regulated under the General Data Protection Regulation (GDPR) which applies across the European Union (including in Gibraltar) and we are responsible as ‘controller’ of that personal data for the purposes of the GDPR. Our use of your personal data is subject to your instructions, the GDPR, other relevant Gibraltar and EU legislation and our general duty of confidentiality.
It would be helpful to start by explaining some key terms used in this policy:
| We, us, our | Finsbury Trust & Corporate Services Limited and our group companies (Finsbury Trust Company Limited, Finsbury Trust Corporation Limited, and Finsbury Fund Services Limited) all trading as Finsbury Trust. |
| Our data protection representative | |
| Personal Data | Any information relating to an identified or identifiable individual |
| Special category personal data | Personal data revealing racial or ethnic origin, political opinions, religious beliefs, philosophical beliefs or trade union membership Genetic and biometric data Data concerning health, sex life or sexual orientation |
The table below sets out the personal data we will or may collect in the course of advising and/or acting for you.
| Personal data we will collect | Personal data we may collect depending on the services we provide |
|---|---|
| Your name, address and telephone number Information to enable us to check and verify your identity, e.g. your date of birth or passport details Electronic contact details, e.g. your email address and mobile phone number Information relating to the matter in which we are providing services Your financial details, e.g. the source of your funds that are being used for any transactions Your occupation or profession |
Professional references where we need to conduct Know Your Customer and other checks. Your National Insurance or Social Security Number and tax details Your bank and/or building society details Details of your professional online presence, e.g. LinkedIn profile Details of your spouse/partner and dependants or other family members, e.g. in respect of a trust in which case this will includes Settlors, beneficiaries, protectors and other individuals connected to the trust. |
This personal data is required to enable us to provide our services. If you do not provide personal data we ask for, it may delay or prevent us from providing services.
We collect most of this information from you. However, we may also collect information:
Under data protection law, we can only use your personal data if we have a proper reason for doing so, e.g.:
A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests.
The table below explains what we use (process) your personal data for and our reasons for doing so:
| What we use your personal data for | Our reasons |
|---|---|
| To provide our services in accordance with our terms of engagement | For the performance of our contract with you or to take steps at your request before entering into a contract or pursuant to a legal obligation. |
| Conducting checks to identify our clients and verify their identity Screening for financial and other sanctions or embargoes Other processing necessary to comply with professional, legal and regulatory obligations that apply to our business, e.g. or rules issued by our professional regulators |
To comply with our legal and regulatory obligations |
| To fulfil our obligations relating to the reporting of personal data under exchange of information regimes such as FATCA and Common Reporting Standard | To comply with our legal and regulatory obligations |
| To comply with lawful requests for data from parties such as tax authorities, government authorities, and regulatory bodies | To comply with our legal and regulatory obligations |
| Gathering and providing information required by or relating to audits, enquiries or investigations by regulatory bodies | To comply with our legal and regulatory obligations |
| Ensuring business policies are adhered to, e.g. policies covering security and internet use | For our legitimate interests or those of a third party, i.e. to make sure we are following our own internal procedures so we can deliver the best service to you |
| Operational reasons, such as improving efficiency, training and quality control | For our legitimate interests or those of a third party, i.e. to be as efficient as we can so we can deliver the best service for you at the best price |
| Ensuring the confidentiality of commercially sensitive information | For our legitimate interests or those of a third party, i.e. to protect our intellectual property and other commercially valuable information To comply with our legal and regulatory obligations |
| Statistical analysis to help us manage our practice, e.g. in relation to our financial performance, client base, work type or other efficiency measures | For our legitimate interests or those of a third party, i.e. to be as efficient as we can so we can deliver the best service for you at the best price |
| Preventing unauthorised access and modifications to systems | For our legitimate interests or those of a third party, i.e. to prevent and detect criminal activity that could be damaging for us and for you To comply with our legal and regulatory obligations |
| Updating and enhancing client records | For the performance of our contract with you or to take steps at your request before entering into a contractM To comply with our legal and regulatory obligations For our legitimate interests or those of a third party, e.g. making sure that we can keep in touch with our clients about existing and new services |
| Statutory returns | To comply with our legal and regulatory obligations |
| Ensuring safe working practices, staff administration and assessments | To comply with our legal and regulatory obligations For our legitimate interests or those of a third party, e.g. to make sure we are following our own internal procedures and working efficiently so we can deliver the best service to our clients |
| Marketing our services to: - existing and former clients; - third parties who have previously expressed an interest in our services; - third parties with whom we have had no previous dealings. |
For our legitimate interests or those of a third party, i.e. to promote our business to existing and former clients |
| External audits and quality checks, and the audit of our accounts | For our legitimate interests or a those of a third party, i.e. to maintain our accreditations so we can demonstrate we operate at the highest standards To comply with our legal and regulatory obligations |
The above table does not apply to special categories of personal data, which we will only process with your explicit consent.
We may use your personal data to send you updates (by email, text message, telephone or post) about legal developments that might be of interest to you and/or information about our services, including exclusive offers, promotions or new services as well as sending you invitations to events, newsletters and other information we feel is relevant to you.
We have a legitimate interest in processing your personal data for promotional purposes (see above ‘How and why we use your personal data’). This means we do not usually need your consent to send you promotional communications. However, where consent is needed, we will ask for this consent separately and clearly.
We will always treat your personal data with the utmost respect and never sell or share it with other organisations outside Finsbury Trust and its group companies for marketing purposes.
You have the right to opt out of receiving promotional communications at any time by:
We may ask you to confirm or update your marketing preferences if you instruct us to provide further services in the future, or if there are changes in the law, regulation, or the structure of our business.
Who we share your personal data with
We routinely share personal data with:
We only allow our service providers to handle your personal data if we are satisfied they take appropriate measures to protect your personal data. We also impose contractual obligations on service providers relating to ensure they can only use your personal data to provide services to us and to you.
We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.
We may also need to share some personal data with other parties, such as potential buyers of some or all of our business or during a re-structuring. Usually, information will be anonymised but this may not always be possible. The recipient of the information will be bound by confidentiality obligations.
Information may be held at our offices and those of our group companies, third party agencies, service providers, representatives and agents as described above (see ‘Who we share your personal data with’).
Some of these third parties may be based outside the European Economic Area. For more information, including on how we safeguard your personal data when this occurs, see below: ‘Transferring your personal data out of the EEA’.
We will keep your personal data after we have finished providing our services. We will do so for one of these reasons:
We will not retain your data for longer than necessary for the purposes set out in this policy. Different retention periods apply for different types of data.
To deliver services to you, it is sometimes necessary for us to share your personal data outside the European Economic Area (EEA), e.g.:
These transfers are subject to special rules under European and Gibraltar data protection law.
The following countries to which we may transfer personal data have been assessed by the European Commission as providing an adequate level of protection for personal data: Andorra, Argentina, Canada (commercial organisations), Faroe Islands, Guernsey, Israel, Isle of Man, Jersey, New Zealand, Switzerland, Uruguay and the US (limited to the Privacy Shield framework).
Except for the countries listed above, non-EEA countries do not have the same data protection laws as Gibraltar and EEA. We will, however, ensure the transfer complies with data protection law and all personal data will be secure. Our standard practice is to use standard data protection contract clauses which have been approved by the European Commission. To obtain a copy of those clauses please click or visit the following site https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en.
If you would like further information please contact our Data Protection Representative (see ‘How to contact us’ below).
You have the following rights, which you can exercise free of charge:
| Access | The right to be provided with a copy of your personal data |
| Rectification | The right to require us to correct any mistakes in your personal data |
| To be forgotten | The right to require us to delete your personal data—in certain situations |
| Restriction of processing | The right to require us to restrict processing of your personal data—in certain circumstances, e.g. if you contest the accuracy of the data |
| Data portability | The right to receive the personal data you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations |
| To object | The right to object: - at any time to your personal data being processed for direct marketing (including profiling); - in certain other situations to our continued processing of your personal data, e.g. processing carried out for the purpose of our legitimate interests. |
| Not to be subject to automated individual decision-making | The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you |
For further information on each of those rights, including the circumstances in which they apply, please contact us or see the guidance from the Gibraltar Regulatory Authority http://www.gra.gi/news/rights-of-individuals-under-GDPR
If you would like to exercise any of those rights, please:
email, call or write to our Data Protection Representative —see below: ‘How to contact us’; and
Keeping your personal data secure
We have appropriate security measures to prevent personal data from being accidentally lost, or used or accessed unlawfully. We limit access to your personal data to those who have a genuine business need to access it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.
We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government of the United Kingdom and leading businesses.
We hope that we can resolve any query or concern you may raise about our use of your information.
The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred. The supervisory authority in Gibraltar is the Gibraltar Regulatory Authority who may be contacted at info@gra.gi or telephone: (+350) 20074636
This privacy policy was published on 25th May 2018.
We may change this privacy policy from time to time. When we do we will inform you by including a notice on our emails.
Please contact our Data Protection Representative if you have any questions about this privacy policy or the information we hold about you.
Email: dpr@finsburytrust.com
In writing:
The Data Protection Representative
Finsbury Trust & Corporate Services Ltd
Suites 7b & 8b
50 Town Range
Gibraltar GX11 1AA
By telephone: +350 200 40000