Privacy Policy - Data Protection & Anti Money Laundering


1. Important information and who we are

At ACCL we take your privacy very seriously. Please read this privacy policy carefully as it contains important information on who we are and how and why we collect, store, use and share your personal data.

This policy clearly outlines your rights regarding your personal data and offers guidance on how to contact us or the appropriate supervisory authorities in the event that you have a complaint.

We are regulated under the General Data Protection Regulation (GDPR), which is applicable across the European Union, including Gibraltar. As the 'controller' of your personal data, we are entrusted with the responsibility of ensuring its secure and lawful handling in accordance with the GDPR. Our use of your personal data is subject to your instructions, the provisions set forth in the GDPR, as well as other relevant Gibraltar and EU legislation, and our professional duty of confidentiality.

Controller

ACCL is the controller and responsible for your personal data (collectively referred to as “we", "us" or "our" in this privacy policy).

We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights (paragraph 9), please contact the DPO using the information set out in the contact details section (paragraph 10).

2. The types of personal data we collect about you

Personal data means any information about an individual from which that person can be identified.

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

  • Identity Data includes first name, last name, any previous names, username or similar identifier, nationality and immigration status from passport or other identification, marital status, title, date of birth and gender.
  • Contact Data includes residential address, email address and telephone numbers.
  • Financial Data includes bank account details.
  • Tax Data includes National Insurance or Social Security Number and tax details.
  • Employment Data includes employment status and details including salary and benefits.

We also collect, use and share aggregated data such as statistical or demographic data which is not personal data as it does not directly (or indirectly) reveal your identity. For example, we may aggregate individuals' usage data to calculate the percentage of users accessing a specific website feature in order to analyse general trends in how users are interacting with our website to help improve the website and our service offering.

3. How is your personal data collected?

We use different methods to collect data from and about you including through:

Your interactions with us. You may give us your personal data by completing and signing our data consent forms or by corresponding with us by post, telephone, email or otherwise. This includes personal data you provide when you:

• apply for our services;

• request marketing to be sent to you; or

• give us feedback or contact us.

Automated technologies or interactions. As you interact with our website, we will automatically collect technical data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies. Please see our Cookie Policy for further details.

Third parties or publicly available sources. We will receive personal data about you from various third parties and public sources as set out below:

• Companies House;

• Land Registry;

• Sanctions screening providers;

• Credit reference agencies;

• Client due diligence providers;

With your consent

• Bank or financial institution or advisor;

• Employer or pension administrators; and

• Doctors and medical health professionals.

4. How we use your personal data

Legal basis

The law requires us to have a legal basis for collecting and using your personal data. We rely on one or more of the following legal bases:

  • Performance of a contract with you: Where we need to perform the contract, we are about to enter into or have entered into with you.
  • Legitimate interests: We may use your personal data where it is necessary to conduct our business and pursue our legitimate interests, for example to prevent fraud and enable us to give you the best and most secure client experience. We make sure we consider and balance any potential impact on you and your rights (both positive and negative) before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
  • Legal obligation: We may use your personal data where it is necessary for compliance with a legal obligation that we are subject to. We will identify the relevant legal obligation when we rely on this legal basis.
  • Consent: We rely on consent only where we have obtained your active agreement to use your personal data for a specified purpose.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use the various categories of your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Purpose/Use

Legal basis

To provide investment and/or pension advisory services to you.

To performing checks to ascertain and verify the identity of our clients.

To conducting screening for financial and other sanctions or embargoes.

Performance of a contract with you or taking the necessary steps at your request prior to entering into a contract.

To carrying out other processing required to meet our professional and regulatory obligations relevant to our business, such as rules set forth by our professional regulators.

Necessary to comply with legal and regulatory obligations.

Collating and furnishing information required for audits, inquiries, or

investigations conducted by regulatory bodies.

Necessary to comply with legal and regulatory obligations.

Ensuring compliance with business policies, including those concerning security and internet usage.

Necessary for our legitimate interests or those of a third party (to ensure compliance with our internal procedures and deliver the best possible service to you).

Operational purposes, such as enhancing efficiency, training, and quality control.

Necessary for our legitimate interests or those of a third party (to operate efficiently in order to provide you with the best service at the most competitive price).

Necessary for our legitimate interests and those of a third party (safeguarding our intellectual property and other

commercially valuable information).

Safeguarding the confidentiality of commercially sensitive information.

Necessary to comply with legal and regulatory obligations.

Updating and enhancing client records to ensure adherence to our internal

procedures.

Necessary for our legitimate interests and those of a third party (enabling us to work efficiently and deliver the best service to you).

Statutory returns

Necessary to comply with legal and regulatory obligations.

External audits and quality checks, including the audit of accounts.

Necessary to comply with legal and regulatory obligations.

To send you relevant marketing

communications and make personalised recommendations to you about our services that may be of interest to you.

Necessary for our legitimate interests and those of a third party (to carry out direct marketing and develop our services and grow our business).

Direct marketing

You will receive marketing communications from us if you have requested information from us or purchased services from us and you have not opted out of receiving the marketing.

We may also analyse your identity, contact, technical, usage and profile data to form a view which services may be of interest to you so that we can then send you relevant marketing communications.


Third-party marketing

We will get your express consent before we share your personal data with any third party for their own direct marketing purposes.

Opting out of marketing

You can ask to stop sending you marketing communications at any time by following the opt-out links within any marketing communication sent to you.

If you opt out of receiving marketing communications, you will still receive service-related communications that are essential for administrative or customer service purposes for

example relating to a service warranty registration, appointment reminders, updates to our Terms and Conditions, checking that your contact details are correct.

Cookies

For more information about the cookies, we use and how to change your cookie preferences, please see our Cookie Policy.

5. Disclosures of your personal data

We may share your personal data where necessary with the parties set out below.

  • Professional advisers whom we engage on your behalf or recommend to you, (e.g. barristers, medical professionals, accountants, tax advisors, or other specialists).
  • Our insurance providers and brokers.
  • External auditors, for instance, for accreditation purposes or auditing our accounts.
  • Our banking associates.
  • External service providers, representatives, and agents engaged to enhance the efficiency of our operations.

Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6. International transfers

There are instances where we may need to share your personal data outside the European Economic Area (EEA), such as:

  • Service providers (ours and yours) situated outside the EEA.
  • If you are located outside the EEA.
  • In cases where there is an international aspect to the matter on which we are advising you.

These transfers are subject to specific regulations under European and Gibraltar data protection laws.

Whenever we transfer your personal data out of Gibraltar to countries which have laws that do not provide the same level of data protection as Gibraltar law, we always ensure that a similar degree of protection is afforded to it.

If Personal Data is transferred outside Gibraltar to Service Providers

We may transfer your personal data to service providers that carry out certain functions on our behalf. This may involve transferring personal data outside Gibraltar to countries which have laws that do not provide the same level of data protection as Gibraltar law.

We may use specific standard contractual terms approved for use in Gibraltar which give the transferred personal data the same protection as it has in Gibraltar, namely The International Data Transfer Addendum to the European Commission’s standard contractual clauses for international data transfers. For further details, see link below:

Standard Contractual Clauses (SCC) - European Commission (europa.eu)

7. Data security

We have put in place 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.

8. Data retention

How long will you use my personal data for?

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal

data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.

In some circumstances you can ask us to delete your data: see paragraph 9 below for further information.

In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

9. Your legal rights

You have a number of rights under data protection laws in relation to your personal data. You have the right to:

  • Request access to your personal data (commonly known as a "subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
  • Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
  • Request erasure of your personal data in certain circumstances. 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 successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
  • Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) as the legal basis for that particular use of your data (including carrying out profiling based on our legitimate interests). In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your right to object.
  • You also have the absolute right to object any time to the processing of your personal data for direct marketing purposes (see Opting Out of Marketing in paragraph 4 for details of how to object to receiving direct marketing communications).
  • Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
  • Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in one of the following scenarios:
    • If you want us to establish the data's accuracy;
    • Where our use of the data is unlawful but you do not want us to erase it; o Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
    • You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

If you wish to exercise any of the rights set out above, please contact us. see Contact details (paragraph 10).

No fee usually required

You will not 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 is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who

has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

10. Contact details

If you have any questions about this privacy policy or about the use of your personal data or you want to exercise your privacy rights, please contact our DPO in the following ways:

Email address: francis.carreras@internationalaccl.com

Postal address: 3.3 Madison, Midtown, Gibraltar, GX11 1AA

Telephone number: +350 200 67469


11. Complaints

You have the right to make a complaint at any time to the Gibraltar Regulatory Authority. You can contact them via email at info@gra.gi or by telephone at (+350) 20074636. We would, however, appreciate the chance to deal with your concerns before you approach the GRA so please contact us in the first instance.

12. Changes to the privacy policy and your duty to inform us of changes

We keep our privacy policy under regular review. This version was last updated on 27/02/2024.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us, for example a new address or email address.