Privacy notice (Guernsey)

Please note that this privacy notice only applies if you engage with us through our Guernsey legal entity in accordance with its terms and conditions.

Introduction

The privacy of your personal information is very important to us. We process all personal information in line with data protection laws applicable in Guernsey (the “DP Law”). For the purposes of the DP Law, for any data we collect about you on our website the data controller is Tilney Group Ltd. To the extent we provide products or services to you, the data controller is the Tilney group entity which provides these products or services to you under the applicable Terms of Business, unless we inform you otherwise. Except as stated below, we confirm we will not disclose or transfer your personal information to any third party for any purpose.

What information do we collect from you?

The information we collect, hold and process about you comes from the way you engage with us, such as:

• by filling in forms, in applications, when you request any products or services,
• through your interactions with us, including if you contact us by post, email, telephone, in person or by any other means; and
• from the way you use the financial products you hold or take out with us.

We may also receive information about you from other Tilney group companies, third parties who provide services to you or us, and research, credit reference and fraud prevention agencies.

The information we collect from you or receive from any of the third parties listed above may include:

• your name, address, email address, phone number and other contact information
• financial information about your assets, credit position and the products you have invested in
• details of any payments you make or receive; and
• information about your health

The DP Law sets apart certain personal information as special categories, e.g. racial or ethnic origin, religious beliefs, physical or mental health, sexual life.

We will process these special categories of your personal information only with your explicit consent or where we have other legal grounds to do so when it will help us fulfil our obligations to you. If at any time you wish us to stop processing these special categories of your personal information, please contact us using the contact details below.

What are the legal grounds for processing the information we collect about you?

We are entitled to hold and process your personal information on the following lawful grounds:

• the processing is necessary for our legitimate interests provided that your interests and fundamental rights do not override those interests
• the processing if necessary to comply with our contractual duties to you in providing the products or services to you
• to comply with our legal and regulatory obligations
• there we have obtained your consent; and
• (on rare occasions) where it is needed in the public interest

Some of the grounds for processing described above will overlap and there may be several grounds which justify our use of your personal information.

How will we use the information we collect about you?

We use the personal information you provide us in a number of ways.  Those based wholly or partly on our legitimate interests are set out in paragraphs (a) to (f) inclusive and paragraphs (i) to (m) inclusive:

• to provide you with products and services and service your account
• to develop new products and services
• to offer new investment products
• to inform you of other 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 in any email we send you or by contacting us using the details below
• for security, identity verification and training purposes
• to communicate with you
• to comply with the law and regulations; and
• to prepare research and anonymised statistical reports

In particular we and other Tilney group companies may use your information to monitor or record telephone conversations or other communications between you and us. We use these recordings (or transcripts of them):

• to check your instructions to us
• to analyse, assess and improve our services to customers
• for training and quality purposes
• to help us investigate any complaint you may make; and
• as evidence in any dispute or anticipated dispute between you and us

Recordings of telephone conversations may take place without the use of a warning tone.  

If you change your mind about how you wish us to contact you or no longer wish to receive this information or our marketing communications, you can let us know by using the contact details below.

We do not make decisions about you based on automated processing of your personal information.

Cookies

We may use cookies and similar technologies on our websites and in our emails. These technologies do many different things, such as letting you navigate between web pages efficiently and remembering your preferences. In emails they help us to understand whether you have opened the email and how you have interacted with it.

Please refer to our Cookie Policy for further details on these technologies, how and where we use them and how you can control them.

Marketing

We would, from time to time, like 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 decline to receive these at the point when we collect your personal information. If you have previously consented to receiving such communications, you may opt out of receiving this information at any point by contacting us using the details below, or by opting to unsubscribe from email and SMS communications by using the method contained in any marketing email or SMS we send to you.

Who might we share this information with?

We will keep your personal information confidential, but we may share it with:

• Tilney group companies;
• our service providers and agents (including their sub-contractors);
• third parties providing services to you;
• 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;
• your advisers or anyone you have confirmed has your permission to deal with your accounts;
• owners of other linked accounts; and
• law enforcement agencies and other authorities to comply with legal obligations.

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 the DP Law. Such information may 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 may be transferred or the protective measures adopted, please contact us using the details at the end of this policy.

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. We will ensure that all third parties we use to help us provide services to you are also compliant with DP Law.

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. Our retention and deletion policy details these timeframes. Further information can be provided to you by getting in touch with us using the contact details below. Once we no longer need your personal information, we will securely destroy it.

What are your rights in relation to the personal information we hold about you?

This section explains the rights you have under DP Law with respect to how your personal information is held and used by us. 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 DP Law.

You have the right to withdraw your consent to us processing special categories of your personal information at any time. This will not affect the lawfulness of any processing of these special categories of your personal information that we carried out before your withdrawal. If you choose to withdraw your consent to us processing these special categories of your personal information, we may not be able to provide you with certain products and services.

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 order for us to do so, you must inform us of any changes to your personal information so that we can keep it up to date.  

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 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. We may not be able to provide our products and services to you if you ask us to erase your personal information.

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 certain rights to object to the processing of your personal information.

Where we have relied on consent to process the personal information, you have the right to withdraw consent at any time by contacting us at the details below.  Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.

Finally you have the right to lodge a complaint about how we collect, process and store your personal data, with us in writing to this address:

• The Data Protection Officer, Tilney, The Observatory, Western Road, Bracknell, Berkshire, RG12 1TL

as well as with the Guernsey supervisory authority:

• Office of the Data Protection Commissioner, Guernsey Information Centre, North Esplanade, St. Peter Port, Guernsey GY1 2LQ.

You may also appeal to certain courts against (i) any failure of the Guernsey Data Protection Commissioner to give written notice of whether the complaint is either being investigated or not being investigated and where applicable, the progress and the outcome of the investigation and (ii) a determination of the Guernsey Data Protection Commissioner not to investigate the complaint or a determination that a controller or processor has not breached or is not likely to breach an operative provision in connection with the complaint.

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 April 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: ask.dataprotection@tilney.co.uk.