The privacy of your personal information is very important to us. This Data Privacy Notice explains how we (the data controllers identified below) process your personal information. It also describes your data protection rights, including a right to object to some of the processing which we carry out.
In relation to any information we collect about you and any information we process in relation to prospective clients the data controller is Tilney Smith & Williamson Limited. Tilney Investment Management Services Limited is the controller for any information we collect about you on our website. To the extent we provide products or services to you, the data controller is the Tilney Smith & Williamson Limited entity which provides these products or services to you under the applicable Terms of Business, unless we inform you otherwise. Where we communicate with you, in particular to offer services or pre-contractually, the data controller is the Tilney Smith & Williamson Limited entity named in the communications.
What information do we collect from you?
We process personal information about you that you provide when you engage with us, including:
- When you fill in forms or fill in applications and when you request any products or services
- Through your interactions with us, including if you contact us by post, email, telephone, in person, visiting our websites, or secure portals or by any other means
- We generate personal information about you from the way you use the ﬁnancial products you hold or take out with us and from your use of our website
We receive information from:
- Other Tilney Smith & Williamson Limited companies
- Third parties who provide services to you or us (e.g. solicitors, accountants, financial advisers, platform providers or custodians)
- Data aggregators such as Blue Sheep, which itself receives personal information from other parties and sources including publically available sources
- Credit reference and fraud prevention agencies which receive information from other parties, including publically available sources
- Our existing clients, connections or affiliates who refer us to you
- Public sources such as Companies House, the electoral roll as well as the news or social media
Information we process about you includes:
- Contact information such as your name, address, email address, phone number and other contact information
- Financial information, information about your wealth, assets, credit position, the products you have invested in, details of any payments you make or receive, household income and details of your business interests
- Information about your health, wellbeing, lifestyle, hobbies, interests and family
- Information about how you use our website (including IP address(es), device types used and country of access)
- Details of your professional advisers (e.g. accountants or solicitors)
- Information about your network and potential connections whom you may be able to introduce to us
How will we use the information we collect about you?
We use the personal information about you for a number of reasons:
Where necessary to perform a contract with you
- To provide you with products and services and administer your account
- To communicate with you
Where necessary to comply with a legal obligation
- To comply with legislation and to comply with regulatory requirements (e.g. Anti-Money Laundering, Anti-Bribery and the Markets and Financial Instruments Directive and any other applicable legislation and regulations that require data retention and/or use). This could result in processing of information about actual or alleged criminal convictions.
- For veriﬁcation purposes (e.g. as required by Money Laundering Regulations and Financial Services and Market Services legislation)
- In connection with legal claims, (including disclosure of personal information in connection with legal process or litigation). The latter may include special category information contained in documents, telephone or video recordings.
Where it is in our or a third party’s legitimate interests, as listed below, and where these interests are not overridden by your fundamental rights and freedoms
- For security and training purposes
- To monitor or record telephone and video conversations or other communications between you and us. Recordings of telephone and video conversations may take place without the use of a warning tone. We use these recordings (or transcripts of them):
- To check your instructions to us
- To analyse, assess and improve our services to clients
- For training and quality purposes
- To help us investigate any complaint you may make
- As evidence in any dispute or anticipated dispute between you and us
- To improve how we interact with you through our website, services and products and to improve our website user experience e.g. by enabling user feedback on our website
- To develop new products and services, including:
- To analyse our client base in order to establish whether it (as a collective) may be interested in new products and services highlighted by market trends
- To develop new products and services which would be suitable to you based on wider information including, trade frequency, client log ins and account values
- To test software and system improvements by using pseudonymised information
- To offer new investment products to you that we think may be of interest, based on what we know about you
- To invite you to events and inform you of our and our group companies’ relevant products and services by email, telephone, letter and other digital methods unless you ask us not to - you can determine the extent of our communication to you through the links or instructions in any email we send you, or by contacting us using the details below
- To prepare research and anonymised or pseudonimysed statistical reports, including reports on what our typical clients are like
- As part of profiling in order to better understand you, our clients and prospective clients (including the products and services you may be interested in). We work with third party organisations who provide additional insight, such as information about wealth, profession and attributes and information about you that is publicly available.
- In relation to clients, we use information we already hold about you in combination with information we obtain with third party organisations and public sources to better understand you and your network
- In relation to prospective clients, we use information that we obtain or learn from our existing clients and connections (e.g. our clients’ professional advisers) in combination with information we obtain with third party organisations and public sources to identify you, better understand you and to market to you using the methods described above
- To identify potential prospective clients based on what we know about you and your network (where you are a client)
- To gain an understanding of the typical Tilney client and typical prospective clients in order to identify those who may be interested in our and our group’s services and to tailor our marketing to prospective clients accordingly
- If you are a client, to obtain referrals from you based on your networks and connections and if you are a prospective client, to obtain introductions to you from our clients and other connections
You have the right to object to processing where it is in our or a third party’s legitimate interests by contacting us at: The Data Protection Officer, Tilney, The Observatory, Western Road, Bracknell, Berkshire RG12 1TL or by email: email@example.com.
With your consent
- With your consent, where such consent is required under the applicable regulations and data protection laws, to send you information about products and services of ours and other companies in our group which may be of interest to you. You may withdraw your consent or otherwise opt out of receiving this information at any point. You can contact us using the details below, or opt to unsubscribe from marketing communications by using the method contained in any marketing message.
- With your consent, to collect special category information such as information about your health and wellbeing in order to provide you suitable investment management services or financial planning advice. We will seek your explicit consent when collecting this information.
You have the right to withdraw your consent at any time. This will not affect the lawfulness of any processing that we carried out before your withdrawal. If you choose to withdraw your consent, we may not be able to provide you with certain products and services.
Who do we share your information with?
We share your personal information with:
- Tilney Smith & Williamson Limited companies
- Our service providers who act only on our instructions (e.g. back office, service and software providers, IT and hosted services) including their sub-contractors
- Third parties who provide services to you and/or us (e.g. independent financial advisers, platform providers and custodians) including their sub-contractors, your advisers or anyone you have confirmed has your permission to deal with your accounts
- Our professional advisors (e.g. suppliers, professional advisors, solicitors, auditors, insurers)
- Data aggregators (e.g. Blue Sheep)
- Website optimisation technologies (e.g. Hotjar)
- Statistics and research providers (e.g. Compeer)
- The representatives of a potential buyer, transferee, merger partner or seller if we wish to buy, sell, transfer or merge part or all of our business or assets
- Another client where we collected your information as part of providing services to that client (e.g. relatives, partners or spouses)
- Owners of other linked accounts
- Prospective clients you refer to us (we may tell them that you referred us)
- Law enforcement agencies
- Other authorities to comply with legal or regulatory obligations (e.g. HMRC or the FCA)
Your personal information may be transferred to or accessed from other countries (including those outside the European Economic Area) and processed for us in those countries on the basis that we will ensure that appropriate measures are in place to ensure that anyone we pass it to will provide a level of protection equivalent to United Kingdom and European data protection law.
Such information could be accessed by local law enforcement agencies and other authorities to prevent and detect crime and comply with legal obligations. For further details as to where your personal information is transferred, please contact us using the details at the end of this Data Privacy Notice.
We will take appropriate steps to both store and send the information you provide us with securely and employees are trained on and are aware of their responsibility to maintain your privacy.
How long do we keep hold of your information?
We only hold your personal information for as long as we require it to provide you with the services you have asked for or for as long as we are legally required under various business and financial laws. This includes:
- If you are interested in taking out a product or service with us we will keep the information we have collected between six months and five years, depending on the stage in the application process you are at (e.g. where you chose not to open your account with us but we have conducted verification of identity and other checks).
- If you are our client we will keep the information we hold about you as long as you are a client or for as long as we are required to by applicable legal and regulatory requirements.
- If you used to have an account with us, or a company we have acquired or merged with, but your account is closed now:
- For most products and services, your information will be retained for five years following account closure.
- If you have received financial advice from us (or certain companies we have acquired or merged with) your information may be retained for longer periods so that we can respond to questions or complaints you might have, to maintain records according to rules that apply to us (including to ensure you receive no direct marketing from us), or for fighting financial crime and fraud.
Once we no longer need your personal information, we securely destroy it.
What are your rights in relation to the personal information we hold about you?
This section explains your rights under data protection law with respect of your personal information. If you wish to request to exercise any of these rights or if you would like further information about them, you can contact us using the details set out in the ‘How to Contact Us’ section below. We will grant your request only to the extent that it follows from our assessment of your request that we are allowed and required to do so under data protection law. Your rights may be limited, for example if fulfilling your request would unfairly reveal personal information about another person, or if you ask us to delete information which we are required by law or have compelling legitimate interests to keep.
You have the right to ask for a copy of the personal information we hold about you in a written format, free of charge.
You also have the right, at no cost, to require us, and any third parties who we have shared your personal information with, to correct any inaccuracies in your personal information.
In some cases, you have the right to restrict or suppress further use of your personal information. When you have exercised this right, we can still store your personal information but may not use it further unless you provide your consent for us to do so or as otherwise permitted by law.
You have the right to object to the processing of your personal information in certain circumstances.
You have the right to have the personal information we hold about you erased in certain circumstances unless it prevents us from carrying out the services you have requested or prevents us from meeting our legal obligations.
You have certain rights to obtain and reuse your personal information for your own purposes across different organisations for example, if you wish to move to a new financial services provider. This enables you to move, copy or transfer your personal information easily between our IT systems and another provider’s safely and securely, without affecting its usability.
You have the right to lodge a complaint about how we collect, process and store your personal information with the supervisory authority:
- Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
You may also contact our data protection officer:
- The Data Protection Officer, Tilney, The Observatory, Western Road, Bracknell, Berkshire, RG12 1TL
Changes to our Data Privacy Notice
We keep our Data Privacy Notice under regular review and we will update this document from time to time. This Data Privacy Notice was last updated November 2018.
How to contact us
To discuss anything in this notice please write to: The Data Protection Officer, Tilney, The Observatory, Western Road, Bracknell, Berkshire RG12 1TL. Alternatively you may contact us by email: firstname.lastname@example.org.