Privacy Policy

THE GENERAL DATA PROTECTION REGULATION (GDPR)

Introduction

The GDPR was created by the European Commission to provide a modern and comprehensive framework regarding data protection across the EU. The regulation establishes a set of principles, implementation requirements and rights for individuals that apply to any EU operating organisation that collects and processes personal data within the EU or that of EU citizens.

This Privacy Notice explains how Intrust (Manx) Limited (“the Company”) collects, uses and discloses your personal data, and your rights in relation to the personal data it holds.

The Company is the data controller of your personal data and is subject to the Isle of Man Data Protection Act 2002 (the “Act”) (and, once in force, the Data Protection Bill 2018 implementing GDPR into Manx domestic law by way of the Data Protection Bill 2018 (GDPR Act), the Data Protection (Application of GDPR) Order 2018 (GDPR Order) the Data Protection (Application of LED) Order 2018 (LED Order) and GDPR and LED Implementing Regulations 2018 (GDPR Regulations and together with the GDPR Act, the GDPR Order and the LED Order the IOM GDPR Legislation)).

In this Privacy Notice, “us”, “we” and “our” refers to the Company.

We may amend this Privacy Notice from time to time, to reflect any changes in the way that we process your personal data. This Privacy Notice supersedes any previous version of this notice with which you may have been provided or of which you have had sight of before the date stated above as well as anything to the contrary contained in any agreement with us.

Data Protection Officer

In accordance with GDPR, we have appointed a Data Protection Officer (DPO). Our DPO will monitor our regulatory and legal compliance with any data protection and data privacy legislation that is introduced. Our DPO is Philip Hassall.

Your rights

GDPR provides clients with enhanced rights to access the data that we hold on you and greater control on how your personal data is used. As an individual whose personal data we process, you are specifically provided with and can exercise the following rights:

• To be informed about what data we hold on you
• To access the data that we hold on you
• To rectify any inaccurate data that we hold on you
• To have any data that we hold on you to be erased, subject to our legal obligations to retain data for a prescribed period of time
• To restrict us processing data on you, subject to our legal requirements
• To move your data to another organisation – data portability
• To object to your data being collected or used
• To opt out of automated decision making and profiling
• To require us not to send you direct marketing communications.

Please note that the above rights are not absolute, and we may be entitled to refuse requests where exceptions apply. You can find out more about your rights under data protection legislation at www.inforights.im If you have any questions about how we use your personal data, or you wish to exercise any of the rights set out above, please contact our Data Protection Officer using any of the following: ‒

By post – Intrust (Manx) Limited, Suite 1, Ground Floor, The Jet Centre, Isle of Man Airport, Isle of Man, IM9 2RJ

By email – phil.hassall@intrust-manx.com

By telephone – +44 (0) 1624 616544

If you are not satisfied with how we are processing your personal data, you can make a complaint to the Office of the Information Commissioner at www.inforights.im/complainthandling/how-to-make-a-complaint-tothe-information-commissioner/

The basis for processing your data other than with your consent, how we use that data and with whom we may share it

We may process your personal data because it is necessary for the performance of a contract to deliver the fiduciary services you have asked us to provide or in order to take steps at your request prior to entering into such a relationship. We use your personal data for the following:

• To assist in managing the fiduciary relationship requested by you, or by another person on your behalf, or as otherwise agreed with you from time to time;
• To deal with any complaints or feedback you may have; and
• For any other purpose for which you provide us with your personal data.

We may share your personal data with the following:

• Other service providers to the fiduciary structure in order to assist in the management of that entity or entities;
• Your appointed agent or intermediary where we liaise with you through a third party;
• Our advisers, or those of the entity or entities, where it is necessary for us to obtain their advice or assistance;
• Payment processors where we are making payments on behalf of the entity or entities; and
• Our data storage providers.

We may also process your personal data because it is necessary for our legitimate interests. In this respect, we may use your personal data for the following:

• Training our staff or monitoring their performance;
• For the administration and management of our business; and
• Seeking advice on our rights and obligations, such as where we require our own legal advice. In this respect, we may share your personal data with our advisers or agents where it is necessary for us to obtain their advice or assistance.

How we collect your data

We may collect your personal data in a number of ways, for example:

• From the information you provide to us when you meet with an employee or employees of the Company;
• When you communicate with us or when we communicate with you by telephone, fax, email or other forms of electronic communication. In this respect, we may monitor, record and store any such communication;
• Information contained within personal information or application documents relating to an arrangement for your benefit completed by you, or completed by another person on your behalf;
• Documents and information provided by you at our request to fulfil any legal obligations we have with respect to undertaking due diligence on you and verifying your identity;
• From your agents, advisers and employees of firms with which you are associated;
• From publicly available sources or from third parties where we need to conduct background checks about you.

The categories of data we collect

We may collect the following categories of personal data about you:

• Your name, date of birth, gender, passport or national identity card details;
• Country of birth, domicile, residence, tax residence and citizenship;
• Contact information such as residential, business and email address or fax and telephone
• number;
• Information relating to your tax affairs including identification number;
• Information relating to your financial situation such as assets, sources of wealth and your bank account details;
• Information to assess whether you may represent a money laundering or terrorist financing risk, for example, whether you are a Politically Exposed Person or have had previous criminal convictions or regulatory sanctions imposed.

Retention of your data

We may retain your personal data for a period of five years after the termination of our relationship with you in order to meet our regulatory and legal obligations. However, we reserve the right to extend this period, where legal claims or other circumstances dictate that it is in our interests to do so, provided such retention is legitimate, reasonable and proportionate.

General

Intrust (Manx) Limited is a company registered in the Isle of Man under Number 26131C whose registered office is Suite 1, Ground Floor, The Jet Centre, Isle of Man Airport, Isle of Man, IM9 2RJ.