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Privacy notice

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

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

The Company is the data controller of your personal data and is subject to the Data Protection (Jersey) Law 2018 (“DPL”) incorporating legislation equivalent to EU Regulation 2016/679 (the “GDPR”) into Jersey law. Our Privacy Officer is Paul Le Bihan. His contact details are: Email: jerseyprivacyofficer@stonehagefleming.com ‐ tel. +44 1534 823 109

Our appointed representative in the European Union is Sturdon Holdings Luxembourg SARL. Our Data Privacy Officer in Luxembourg is Peter Egan. His contact details are: email - luxprivacyofficer@stonehagefleming.com - tel. +352 2744 7303.

Our appointed representative in the United Kingdom is Stonehage Fleming Services Limited. Our Data Protection Officer in the United Kingdom is Cesare Milani. His contact details are: email - ukdataprotectionofficer@stonehagefleming.com - tel. +44 207 087 0136.

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 below as well as anything to the contrary contained in any agreement with us.

You have the following rights.

  • To obtain access to, and copies of, the personal data that we hold about you;
  • To require that we cease processing your personal data if the processing is causing you damage or distress;
  • To require us not to send you direct marketing communications;
  • To require us to erase your personal data;
  • To require us to restrict our data processing activities;
  • To receive from us the personal data we hold about you which you have provided to us, in a reasonable format specified by you, including for the purpose of you transmitting that personal data to another data controller;
  • To require us to correct the personal data we hold about you if it is incorrect.

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.dataci.je

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 Privacy Officer using any of the following: ‒

By post - No 2 The Forum Grenville Street, St Helier Jersey, JE1 4HH Channel Islands.
By email - jerseyprivacyofficer@stonehagefleming.com

By telephone - +44 1534 823 109.

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.dataci.je

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 one of our Group companies;
  • 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 subscription or application documents relating to an investment 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 other companies in our Group;
  • 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.

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 or business address, email address, fax and telephone number;
  • Information relating to your tax affairs, including your tax status and tax identification number;
  • Information relating to your financial situation such as your industry and marketing segment, the services we offer which may be of interest, your net worth, income, expenditure, assets and liabilities, sources of wealth and your bank account details;
  • Information about your knowledge and experience in the investment field;
  • Information, some of which is collected daily, to assess whether you may represent a money laundering, terrorist financing or reputational risk to the Group. This includes whether you are a Politically Exposed Person, are involved in a high risk business, have been arrested, charged or convicted of a crime, are on a sanctions list or expose us to tax, litigation, bribery or corruption risk.

We may process your personal data because it is necessary for the performance of a contract to deliver the investment services you have subscribed or applied for or in order to take steps at your request prior to entering into such an investment.

In this respect, we use your personal data for the following:

  • To assist in managing the investment made by you, or made on your behalf in accordance with any subscription document or application form signed 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.

In this respect, we may share your personal data with the following:

  • Other service providers to the fund or investment vehicle in which you have an investment in order to assist in the management of that investment;
  • Your appointed agent or intermediary where your investment is made through a third party;
  • Our advisers where it is necessary for us to obtain their advice or assistance;
  • Payment processors where we are making payments on your behalf; 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:

  • To run, grow and develop our business;
  • To ensure a safe environment for our employees and visitors, including website visitors;
  • To provide client services;
  • To conduct market research and carry out business development activities;
  • To train our staff or monitor their performance;
  • For the administration and management of our business including carrying out internal group administrative functions and recovering money you owe to us;
  • To seek advice and guidance on our rights and obligations, such as where we require our own legal advice;
  • To mitigate the risks we face;
  • To make disclosures to external service providers and any regulatory authorities outside of Jersey where any structure includes an entity incorporated outside Jersey.

In this respect we may share your personal data with the following:

  • Our advisers, agents, settlors or protectors of trusts where it is necessary for us to obtain their advice or assistance;
  • With third parties and their advisers where those third parties are acquiring, or considering acquiring all or part of our business;
  • Any regulatory authority or service provider.

If we rely on our (or another person's) legitimate interests for using your personal information, we will undertake a balancing test to ensure that our (or the other person's) legitimate interests are not outweighed by your personal interests or fundamental rights and freedoms which require protection.

We may also process your data for our compliance with a legal obligation which we are under.

In this respect, we may use your personal data for the following:

  • To meet our compliance and regulatory obligations, such as compliance with anti-money laundering and terrorist financing regulations, tax reporting and beneficial ownership reporting requirements.

In this respect, we may share your personal data with the following:

  • Our advisers where it is necessary for us to obtain their advice or assistance;
  • Our auditors where it is necessary as part of their auditing functions;
  • With third parties who assist us in conducting background checks about you, such as whether you are on sanctions lists; and
  • With relevant regulators, tax authorities and law enforcement agencies where we are required to do so.

In sharing your personal data for the reasons set out elsewhere in this Privacy Notice, we may need to transfer it to other Group companies located in the European Economic Area as well as Switzerland, the United Kingdom, Israel or Guernsey which are countries which provide the same or a similarly adequate level of protection for your personal data as is provided within Jersey. We may also share your personal data with Group companies located in the United States of America and South Africa which currently do not have laws which provide the same level of protection to your personal data as are provided within Jersey. However, these companies are subject to our contractual data sharing arrangements which offer a common level of protection across the Group.

We may also share your personal data with other companies that we have engaged to assist us in providing services to you. These companies may be located in jurisdictions which currently do not have laws which provide the same level of protection to your personal data as are provided within Jersey, such as the BVI. However, these companies are subject to contractual data sharing arrangements which offer a level of protection equivalent to those applicable in Jersey.

If you wish to receive details regarding all of the companies within the Group which we have engaged to assist in delivering services to entities in respect of which you are connected or have an interest and with whom we have shared your information please contact us at: jerseyprivacyofficer@stonehagefleming.com

We may retain your personal data for a period of 10 years after the termination of our relationship with you in order to meet our regulatory and legal obligations. However, we may retain your personal data for a longer period where necessary to protect against legal claims.

Version: 3 January 2021