Welcome to the Albecq Group’s fair processing and privacy notice.
This notice, which we will refer to as the “Notice” is addressed to any person from whom the Albecq Group (“us”) collects personal data in the course of providing its services (“you”). This will include clients and, where the client is not a natural person, the owners, controllers and personnel of the client.
The Albecq Group is the data controller of that personal data and is therefore required pursuant to The Data Protection (Bailiwick of Guernsey) Law 2017 (“Law”) to provide you with this Notice.
Any data that related to you, or from which you can be identified, is known as “personal data”. The Albecq Group respects your privacy and is committed to protecting your personal data. This Notice will inform you as to how we look after your personal data and tell you about your privacy rights and how the law protects you.
Please also use the Glossary to understand the meaning of some of the terms used in this Notice.
- IMPORTANT INFORMATION AND WHO WE ARE
- THE DATA WE COLLECT ABOUT YOU
- HOW IS YOUR PERSONAL DATA COLLECTED?
- HOW WE USE YOUR PERSONAL DATA
- DISCLOSURES OF YOUR PERSONAL DATA
- INTERNATIONAL TRANSFERS
- DATA SECURITY
- DATA RETENTION
- YOUR LEGAL RIGHTS
1. IMPORTANT INFORMATION AND WHO WE ARE
PURPOSE OF THIS FAIR PROCESSING AND PRIVACY NOTE
This Notice aims to give you information on how the Albecq Group collects and processes your personal data.
It is important that you read this Notice together with any privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data.
The Albecq Group is made up of different legal entities – Albecq Trust Company Limited and its subsidiaries (as defined in section 531 of the companies (Guernsey) Law 2008.
Notice, we are referring to the relevant company in the Albecq Group that has collected your data. That company will be the controller of your data (the “data controller”).
Email address: Data@albecq.com
Postal address: Suite 6, Provident House, Havilland Street, St Peter Port, Guernsey GY1 2QE
Telephone number: +44 1481 740300
You have the right to make a complaint in relation to data protection issues at any time to the Data Protection Authority (the “DPA”). You also have the right to appeal to the Guernsey Royal Court if you believe that the DPA has not adequately investigated your complaint or you disagree with a determination.
We would, however, appreciate the chance to deal with your concerns before you approach the DPA so please contact us in the first instance.
CHANGES TO THIS FAIR PROCESSING AND PRIVACY NOTICE AND YOUR DUTY TO INFORM US OF CHANGES
This Notice is effective from 25 May 2018. We will post any material changes that we may make to this Notice in the future on our website and, where appropriate, we will notify you of the change by email.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
2. THE DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
- Identifying information (i.e. information used to identify a specific individual, such as name, date of birth, nationality, passport number and place of issue, principal residential address).
- Contact information (e.g. postal address, telephone number, email address).
- Family information (e.g. family structure, siblings, offspring, marriages, divorces, relationships).
- Financial information (e.g. source of wealth, source of funds, personal assets, bank account numbers and income details).
- Professional information (e.g. job titles, employment history).
- Transaction information (e.g. details about payments to and from you and other details of products and services you have purchased from us).
In certain circumstances, we will also collect, use, store and transfer Special Categories of data about you. In particular, as part of our due diligence processes we might collect information as to:
- your political opinions and affiliations, so that we can identify that you are, or are connected to, a politically exposed person; and
- your criminal records or alleged criminal activity.
WHY YOU PROVIDE PERSONAL DATA AND CONSEQUENCES IF YOU FAIL TO PROVIDE PERSONAL DATA
The Albecq Group will collect your personal data for both statutory (for example anti-money laundering checks) and contractual purposes (for example providing services to you), or as a requirement for entering in to a contract with us.
Where you fail to provide that personal data, we may not be able to perform our contractual obligations to you or we may be prevented from complying with our legal obligations. In such circumstances we may have to terminate our services.
STATEMENT AS TO AUTOMATED PROCESSING
No decision concerning your personal data is based on automated decision making processes.
3. HOW IS YOUR PERSONAL DATA COLLECTED?
We collect personal data directly from you and also from third party available sources, including government registers, databases maintained by professional service providers, the internet, other service providers and advisers including accountants, tax advisers and lawyers.
4. HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal or regulatory obligation.
Click here to find out more about the types of lawful basis that we will rely on to process your personal data.
PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data.
|Purpose/Activity||Type of data||Lawful basis for processing including basis of legitimate interest|
|To perform our anti-money laundering checks||(a) Identifying
(e) Special category data (e.g. political opinions or criminal records)
|(i) Necessary to comply with a legal obligation|
|To deliver our services to our clients. This will include, if you are a director, shareholder / member / partner, beneficiary, settlor, protector (or equivalent of any of them) of an entity administered by the Albecq Group:
entering your information on the relevant registers;
using your contact details to send you notices of meetings and communications;
using your financial information (e.g. bank account details) to make any type of payment to you;
Supplying relevant personal data to third parties (e.g. Banks) to allow for the opening of accounts and the provision of services to structures Albecq administer.
|(i) Performance of a contract
(ii) Necessary to comply with a legal obligation
(iii) Necessary for our legitimate interests (performing our services and conducting our business)
|To comply with international tax reporting requirements||(a) Identifying
|(i) Necessary to comply with a legal obligation|
|To manage our relationship with you which will include notifying you about changes to our terms or this Notice||(a) Identifying
|(i) Performance of a contract with you
(ii) Necessary to comply with a legal obligation
(iii) Necessary for our legitimate interests
CHANGE OF PURPOSE
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
5. DISCLOSURES OF YOUR PERSONAL DATA
We may have to share your personal data with the parties set out below for the purposes set out in the tablet in paragraph 4 above.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third part service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
6. INTERNATIONAL TRANSFERS
Where we share your personal data beyond Guernsey, this will involve transferring your data within the European Economic Area (EEA) and to Jersey who is outside of the EEA but have been deemed to provide an adequate level of protection for personal data by the European Commission.
Many of our External Third Parties are based outside the EEA so their processing of your personal data will involve a transfer of data outside the EEA.
Whenever we transfer your personal data out of the EEA, we seek to ensure a similar degree of protection is afforded to it.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
7. DATA SECURITY
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
8. DATA RETENTION
HOW LONG WILL YOU USE MY PERSONAL DATA FOR
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
Data will be retained for a period of time equivalent to the longest maximum period required by any applicable legislation, relevant to the Albecq Group, after the complete termination of a client relationship with the Albecq Group.
9. YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under the Law in relation to your personal data.
The Law may provide for other rights concerning the processing of personal data which do not apply to the Albecq Group. If you wish to exercise any of the rights set out above, please contact us.
You have the right to:
Right of access to your personal data (commonly known as a “data subject access request”) This enables you to receive a copy of the personal data we hold about you.
Right of rectification of the personal data that we hold about you. This enables you to have any incomplete or inaccurate personal data we hold about you corrected, though we may need to verify the accuracy of the new personal data provided.
Right to erasure of your personal data. This enables you to ask us to erase personal data where that data is no longer necessary for the purposes for which it was collected or otherwise processed. You also have the right to ask us to erase your personal data where you have successfully exercised your right to object to processing for direct marketing purposes, or where the processing of the personal data is solely based on consent, where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Right to restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the personal data’s accuracy or completeness; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Right to data portability of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Right to object to processing for direct marketing purposes of your personal data.
NO FEE USUALLY REQUIRED
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
WHAT WE MAY NEED FROM YOU
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
TIME LIMIT TO RESPOND
We try to respond to all legitimate requests within four weeks. Occasionally it may take us longer than four weeks if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Legitimate Interest means the interest of our business in conducting and managing our business. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
INTERNAL THIRD PARTIES
Other companies in the Albecq Group who are all based in Guernsey.
EXTERNAL THIRD PARTIES
- Service providers based in Guernsey who provide anti-money laundering screening services, client-facing application software, archiving services, business management software, telecommunications services, information technology services and marketing assistance.
- Professional advisers including lawyers, bankers, auditors and insurers anywhere in the world who provide consultancy, banking, legal, insurance and accounting services.
- HM Revenue & Customs, regulators and other authorities based in Guernsey, Jersey, the UK, and internationally who require reporting of processing activities in certain circumstances.