Privacy notice

  1. Interpretation
For the purposes of this privacy notice: (i) Data Protection Law means any applicable law from time to time relating to the processing of personal data and/or privacy, including the Data Protection (Jersey) Law 2018, as amended from time to time and the General Data Protection Regulation (EU) 2016/679 (ii) data controller, data processor, data subject, personal data, and processing shall have the meanings given to them under the Data Protection Law; and (iii) we, us or our means Alexander Forbes Channel Islands Limited, trading as Alexander Forbes Offshore (AFO) and Alexander Forbes Investments Jersey Limited (AFIJ) as data controllers and/or data processors (as applicable) of the personal data.
  1. Introduction
This privacy notice sets out the privacy policy on the way AFO and AFIJ deal with your personal data which we may collect during your use of our website and otherwise as a result of your interaction and correspondence with AFO and AFIJ. We take the privacy and security of your personal data seriously and will only use your personal data as set out in this policy.
  1. Who we are

AFO and AFIJ are entities of Alexander Forbes Group Holdings Limited based in South Africa. Please see section 16 for our contact information.

We are financial advisers, pension and investment administrators, risk benefit consultants and fund managers who act for and on behalf of certain third-party fund managers and insurers.

  1. Collection of information by third parties
Our website contains links to other sites whose information practices may differ from those of AFO and AFIJ. If you should visit such third-party sites, you should ensure that you review their own privacy notices as we have no control over information that is submitted to, or collected by, these third parties.
  1. Where and when we collect your data

Information which is collected from you is the responsibility of AFO and AFIJ, who will act as sole or joint data controllers in relation to your personal data. We may collect and process your personal data (including identifiers such as names, date of birth, gender, addresses, nationalities, tax identification numbers, and financial and investment qualifications, bank details and telephone/mobile numbers) from a variety of sources including:

  • your use of our website;
  • your interactions with our employees;
  • the information you provide us either directly or via your employer for the services we provide;
  • when you interact with us on behalf of your own employer or institution;
  • your use of our member access portal; and
  • we may also collect personal data relating to you from credit reference agencies and available public databases or data sources, such as news outlets, websites and other media sources and international sanctions lists.
  1. What personal data we may collect

We may collect and process the following types of personal data:

  1. when you register with us via your company pension or risk benefit scheme or directly via our financial advisers, including but not limited to:
    • work and home details, such as email address, postal address and/or telephone number (both landline and mobile);
    • your job title;
    • salary details and/or source of wealth;
    • date of birth, nationality, gender;
    • social security or tax number;
    • a passport or driving licence number;
    • medical and health information.
  2. when you visit our website, or use our member access portal:
    • details of your visits to our websites and applications including, but not limited to, traffic data, location and usage data, and the resources that you access;
    • details of your interactions with us, including any which occur electronically or in person.
  1. What we use your personal data for

The storage, processing and use of personal data will take place for the following purposes (depending on the capacity in which you deal with us):

  • Where the processing is necessary for compliance with a legal obligation to which the data controller is subject, to comply with in-house procedures and statutory/regulatory requirements applicable to the data controller (including under FATCA, CRS, AML legislation and customer due diligence verification purposes).
  • Where the processing is necessary for the data controller to perform a contract to which you are a party or for taking pre-contract steps at your request:
    • to provide you with requested products or services; and
    • to manage your portfolio as per our agreement.
  • Where the processing is necessary in order to pursue the data controller or a third party's legitimate interests:
    • to ensure the content on our websites and applications is presented in the most effective manner for you;
    • for direct marketing purposes;
    • to ensure the protection of the interests and reputation of AFO, AFIJ and our service providers;
    • to help detect, prevent, investigate, and prosecute fraud and/or other criminal activity, and share this data with our legal, compliance, risk and managerial staff to assess suspicious activities;
    • to investigate and respond to any complaints about us and to help maintain service quality and train staff to deal with complaints and disputes.
  • Where you consent to the processing of personal data (which we will obtain at the time of collection of personal data and at appropriate other times), for any other specific purpose to which you have given specific consent.

As a data controller, 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 see section 14 for information about your rights over your personal data.

  1. When we may disclose your personal data

Any disclosure of personal data shall be in accordance with the obligations of the disclosing party under the Data Protection Law.

We may disclose your personal data to:

  • other Alexander Forbes Group employees;
  • third-party data processors who process your data on our behalf;
  • third-party service providers which are themselves data controllers such as professional advisers, fund managers and healthcare providers;
  • any national and/or international regulatory, enforcement or exchange body or court where we are required to do so by applicable law or regulation or at their request;
  • any central or local government department and other statutory or public bodies as required.
  1. Data security
AFO and AFIJ take appropriate technical, organisational and physical measures to protect your personal data from unauthorised access, improper use or disclosure, unauthorised modification or unlawful destruction and accidental loss. Any third parties we engage to process your personal data are obliged to respect the confidentiality of your information. We also ensure that our employees are provided with regular training in relation to the protection of your personal data.
  1. International transfers
In the course of the processing of personal data such personal data may be transferred to Processors situated or operating in countries outside of Jersey and the European Economic Area, and such countries may not have data protection laws equivalent to those in Jersey and the EEA. The data controller will, where required to do so by law or where it considers appropriate, implement contracts which seek to ensure that any such entity is contractually bound to provide an adequate level of protection in respect of the personal data transferred to it and that any such transfer complies with the requirements of the Data Protection Law.
  1. How long we retain personal data

We need to keep your personal data for as long as necessary to fulfil the purpose for which it was collected and to meet our legal and regulatory obligations.

This may amount to ten years after fulfilment of our obligations under our agreement with you to ensure that we can deal with any queries, complaints, tax enquiries or investigations, or any legal proceedings which may arise.

  1. Use of cookies and other similar technology on our website

Our website uses cookies. A cookie is a small text file that a website saves onto your device when you visit our site. It enables our website to remember your actions and preferences, so you don’t have to keep re-entering them when you come back to the site or browse from one page to another. It makes your experience with us more seamless.

Enabling these cookies is not strictly necessary for the website to work, but it will provide you with a better browsing experience. You can delete or block these cookies through your browser, but if you do that some features of this site may not work as intended.

The cookie-related information is not used to identify you personally. These cookies are not used for any purpose other than those described here. To find out more about cookies please visit the third- party external site www.allaboutcookies.org

We use Google Analytics on our website to collect non-personally identifiable information relating to the use of our website. Data collected by Google Analytics will not be used for any other purpose other than to provide us statistical information on the use of our website and services.

  1. Automated decision making
We do not envisage that any decisions will be taken about you using fully automated means, however we will notify you in writing if this position changes.
  1. Your rights

You have the following rights (which may be exercisable depending on the circumstances) in respect of the personal data about you that we process:

  • the right to access your personal data;
  • the right to rectify your personal data where it is inaccurate or incomplete;
  • the right to restrict under certain circumstances the further processing of your personal data;
  • the right to request that your personal data is erased;
  • the right to object to the processing of your personal data for purpose of public functions or legitimate interests;
  • the right to object to the processing of your personal data for direct marketing purposes; and
  • the right to ask for personal data portability under certain circumstances.

Further, you may at your discretion refuse to communicate personal data to the data controller or object to some processing of your personal data. There are, however, situations where the data controller can refuse to comply with such a request. For example, where it is subject to a legal or contractual obligation to process the personal data. In this case, however, this may affect our ability to deliver services to you until such time as the requisite personal data has been provided.

Where we have relied on consent to process your personal data, you have the right to withdraw consent at any time. Where the processing is based on consent, the withdrawal of consent shall not affect the lawfulness of processing for other reasons and based on other grounds where this is permitted under applicable law.

You also have the right to lodge a complaint about the processing of your personal data either with us, with the Office of the Information Commissioner in Jersey (https://oicjersey.org) or the data protection authority in the EU member state of your usual residence or place of work. The Office of the Information Commissioner is an independent statutory authority, with a mission to promote respect for the private lives of individuals through ensuring privacy of your personal data. Please bear in mind that the Information Commissioner, as referred to in this policy and on our website, is the statutory data protection authority in the Island of Jersey and not the United Kingdom.

Should you wish to discuss the exercise of any of your rights, please contact us as set out below.

  1. Changes to this privacy notice
We may update our privacy policy from time to time. We advise you to review this page periodically for any changes. We will notify you of any changes by posting the new notice on this page. These changes are effective immediately after they are posted on this page. We may also notify you in other ways from time to time about the processing of your personal data.
  1. Contact information

If you have any questions in relation to this policy or data protection at AFO , please contact us at:

Email: dataprotection@aforbes.co.je

Write to us:

Data Protection Team Alexander Forbes Offshore PO Box 336 2-6 Church Street St Helier Jersey JE4 8UU

May 2020

style
grey