Purpose of this notice
This notice describes how we collect and use personal data about you, in accordance with the General Data Protection Regulation (GDPR), the Data Protection (Jersey) Law 2018 (and amendments thereto) (the law) and any other national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in Jersey (‘Data Protection Legislation’).
It applies to all persons for whom we provide trust, company or fiduciary services and to all persons who have an interest in any entity to which such services are provided.
The entity which provides services to you, or which provides services to the entity in which you have an interest, is a “data controller”. A data controller is responsible for deciding how we hold and use personal information about you. We are required under data protection legislation to notify you of the information contained in this privacy notice.
This notice does not form part of any contract to provide services. We may update this notice at any time.
It is important that you read this notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using such information.
Entrust Limited (‘Entrust’) is a Trust Company Business registered in Jersey, Channel Islands and our registered office is at 9 Bond Street, St Helier, Jersey JE2 3NP.
For the purpose of the Data Protection Legislation and this notice, we are the ‘data controller’. This means that we are responsible for deciding how we hold and use personal data about you. We are required under the Data Protection Legislation to notify you of the information contained in this privacy notice.
Our Data Protection Officer is responsible for assisting with enquiries in relation to this privacy notice or our treatment of your personal data. Should you wish to contact our Data Protection Point of Contact you can do so using the contact details noted at the foot of this notice.
Data protection principles
We will comply with applicable data protection law. This requires generally that the personal information we hold about you must be:
- Used lawfully, fairly and in a transparent way.
- Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
- Relevant to the purposes we have told you about and limited only to those purposes.
- Accurate and kept up to date.
- Kept only as long as necessary for the purposes we have told you about.
- Kept securely.
What information do we hold 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 process the following categories of personal information about you:
- Basic personal data such as name, title, date of birth, addresses, telephone numbers, and email addresses;
- National insurance, social security or local equivalent identifiers;
- Information on your source of wealth and source of funds;
- Identity documentation, including address verification, and bank account details;
- References provided by you, and background check information from external sources;
- Information in the public domain e.g. web pages, press releases;
- Information about any complaints and enquiries you make to us;
- Information we receive from other sources, such as publicly available information, information provided by our clients or information from our associate firms.
Our approach to handling personal data:
How we may collect your personal data
We obtain personal data about, for example, when:
- you request a proposal from us in respect of the services we provide;
- you or our clients engages us to provide our services and also during the provision of those services;
- you contact us by email, telephone, post or social media (for example when you have a query about our services); or
- from third parties and/or publicly available resources (for example, from your employer or from the Jersey Companies Registry, Google, KYC360 Risk Screen, Dow Jones Risk Screen).
How we use personal data we hold about you
We may process your personal data for purposes necessary for the performance of our contract with you, your employer or our clients and to comply with our legal obligations.
We may process your personal data for the purposes necessary for the performance of our contract with our clients. This may include processing your personal data where you are an employee, subcontractor, supplier or customer of our client.
We may process your personal data for the purposes of our own legitimate interests provided that those interests do not override any of your own interests, rights and freedoms which require the protection of personal data. This includes processing for marketing, business development, statistical and management purposes.
We may process your personal data for certain additional purposes with your consent, and in these limited circumstances where your consent is required for the processing of your personal data then you have the right to withdraw your consent to processing for such specific purposes.
Please note that we may process your personal data for more than one lawful basis depending on the specific purpose for which we are using your data.
Situations in which we will use your personal data
Some specific situations in which we may process your personal data are;
- Making a decision about whether to perform services on your behalf or on behalf of an entity in which you are interested
- Determining the terms on which we are prepared to carry out such services
- Making payments to you, and if we operate a payroll scheme of which you are part, in making relevant tax and national insurance contributions in respect thereof
- Administering the contract we have entered into with you, or the contract we have entered in to with the entity in which you are interested
- Business management and planning, including accounting and auditing
- Conducting performance reviews, managing performance and determining performance requirements in respect of the professional services we provide
- Making arrangements for the termination of our business relationship with you
- Dealing with legal disputes involving you or the entity in which you are interested
- To prevent fraud
- To conduct data analytics studies to review and better understand client retention
- To determine products or services offered by Entrust that may be of interest to you
- To provide information to our professional advisers and the advisers of any party which may have, or may be interested in acquiring, an interest in Entrust, or part thereof
- To provide information to our insurers or to our regulators
We may also process your personal data without your knowledge or consent, in accordance with this notice, where we are legally required or permitted to do so.
We will only retain your personal data for as long as is necessary to fulfil the purposes for which it is collected.
When assessing what retention period is appropriate for your personal data, we take into consideration:
- the requirements of our business and the services provided;
- any statutory or legal obligations;
- the purposes for which we originally collected the personal data;
- the lawful grounds on which we based our processing;
- the types of personal data we have collected;
- the amount and categories of your personal data; and
- whether the purpose of the processing could reasonably be fulfilled by other means.
Change of purpose
Where we need to use your personal data for another reason, other than for the purpose for which we collected it, we will only use your personal data where that reason is compatible with the original purpose.
Should it be necessary to use your personal data for a new purpose, we will notify you and communicate the legal basis which allows us to do so before starting any new processing.
Why might you share my personal data with third parties?
We will share your personal data with third parties where we are required by law, where it is necessary to administer the relationship between us or where we have another legitimate interest in doing so.
Which third-party service providers process my personal data?
“Third parties” include third-party service providers and the members of our firm’s network. The following activities are carried out by third-party service providers: IT and cloud services, professional advisory services, administration services, bookkeeping and accounting, marketing services and banking services.
All of our third-party service providers are required to take commercially reasonable and appropriate security measures to protect your personal data. We only permit our third-party service providers to process your personal data for specified purposes and in accordance with our instructions.
What about other third parties?
We may share your personal data with other parties, for example in the context of the possible sale or restructuring of the business. We may also need to share your personal data with a regulator or to otherwise comply with the law.
Transferring personal data outside the Channel Islands or European economic area (EEA)
We may transfer the personal information we collect about you to other countries for the reasons detailed above. In most cases, those countries will either be within the EU or will have been subject to an adequacy decision by the European Commission. In such cases the countries to which we transfer your data are deemed to provide an adequate level of protection for your personal information. In the event that your data is to be transferred to a country outside the EU and which does not have an adequacy decision by the European Commission, we shall ensure that a contract is entered in to by the recipient third party under the terms of which, the recipient agrees to take such measures as we deem appropriate and necessary to ensure the security of your data.
We have put in place commercially reasonable and 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 data security breach and will notify our local Data Protection Authority of any suspected breach where we are legally required to do so.
Rights of access, correction, erasure and restriction
Your duty to inform us of changes
It is important that the personal data we hold about you is accurate and current. Should your personal information change, please notify us of any changes of which we need to be made aware by contacting us, using the contact details below.
Your rights in connection with personal data
Under certain circumstances, by law you have the right to:
- Request access to your personal data. This enables you to receive details of personal data we hold about you and to check that we are processing it lawfully.
- Request correction of the personal data that we hold about you.
- Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have exercised your right to object to processing (see below).
- Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this basis. You also have the right to object where we are processing your personal information for direct marketing purposes.
- Request the restriction of processing of your personal data. This enables you to ask us to suspend the processing of personal data about you, for example if you want us to establish its accuracy or the reason for processing it.
- Request the transfer of your personal data to you or another data controller if the processing is based on consent, carried out by automated means and this is technically feasible.
If you want to exercise any of the above rights, please notify us using the details at the end of this notice.
You will not usually 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 for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
Right to withdraw consent
In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal data for a specific purpose (for example, in relation to direct marketing that you have indicated you would like to receive from us), you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please notify us using the details at the end of this notice.
Once we have received notification that you have withdrawn your consent, we will no longer process your personal information (personal data) for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
Changes to this notice
Any changes we may make to our privacy notice in the future will be updated on our website at https://www.entrustlimited.com.
This privacy notice was last updated on 14th January, 2021.
If you have any questions regarding this notice or if you would like to speak to us about the manner in which we process your personal data, please email our Data Protection Point of Contact rather than your usual partner contact:
You also have the right to make a complaint to the following authority in respect of Data Protection:
Office of the Information Commissioner
Jersey JE2 3RG.