Clairmont Trust Company Limited have adopted this privacy notice with recognition that protecting the privacy and security of the personal information we obtain about our customers, vendors, website users and other individuals we interact with is an important responsibility. We also know that you expect us to service you in an accurate and efficient manner. To do so, we must collect and maintain certain personal information about you. We want you to know what information we collect and how we use and safeguard that information.
Additional information for customers located in the European Economic Area (“EEA”), Switzerland and the UK about their rights and other information can be found in the Annex to this privacy notice.
Please read this notice carefully. By visiting our website, using our services or otherwise interacting with us, you acknowledge the information processing activities described in this privacy notice. If we amend this notice, your continued use of our website and services will amount to your acknowledgement of the amended notice.
Information We Collect: We collect certain nonpublic information about you, including:
- Information about your device when you access our website and clickstream data such sites visited, pages viewed and similar information. This information is collected automatically but it is not mandatory and is subject to your browser settings.
- Information provided by you in your interaction with us such as emails, calls and meetings including your contact information, background information, investment plans and requirements and other records concerning your financial condition and assets. Where relevant, we will collect information about your family members and business associates. Such information is required for us to provide you with the desired services.
- Information that we learn about you in our interaction with you such as your preferences in relation to communication channels or services and information about your transactions with us, or others (e.g., broker-dealers, clearing firms, or other chosen investment sponsors).
- Information that we require for compliance with money laundering, anti-bribery, financial and other regulations such as information about your background and transactions. Such information may be obtained from you, your representatives or from third party sources such as consumer reporting (e.g. credit bureau) and background checking agencies. We would ask that you keep us updated of any changes to the information provided to us by you.
- Information from our security systems such as CCTV cameras collected when you visit our offices.
- Information about individuals who you may represent as an attorney, adviser, guardian or other capacity.
- Any information we collect regarding children is on an absolutely necessary basis and lawfully obtained.
How Do We Use Your Information: The essential purpose for collecting your information is to allow us to provide fiduciary and advisory services to you and deliver any content and products requested by you. Other purposes include:
- Responding to your communications such as queries, complaints or job applications;
- Carrying out necessary compliance processes such as anti-money laundering checks;
- Facilitating the opening and management of your accounts or investment schemes;
- Taking steps in connection with our services such as acquisition or transfer of assets or money;
- Providing information about our products and services, keeping in touch and reporting to you;
- Carrying out business administration, ensuring our legal compliance, recovering debts, fulfilling our tax obligations and similar legitimate business activities;
- Maintaining appropriate security measures to safeguard our and our customers’ assets and information;
- Analyzing our business and customer data for business development purposes;
- Complying with applicable laws, court orders, and regulatory requests, cooperating with authorities and complying with our financial reporting obligations.
Your Right to Withdraw Consent Or Opt-Out:
We may send you promotional materials with your consent or as otherwise permitted by law. You can withdraw your consent or opt-out from our marketing by contacting us at any time.
You may decline cookies through your browser settings or through online services such as the Digital Advertising Alliance (https://www.digitaladvertisingalliance.org)here, Your Online Choices (www.youronlinechoices.eu) here or the Network Advertising Initiative (https://www.networkadvertising.org) here. You may opt-out from Google Analytics (https://tools.google.com/dlpage/gaoptout) here.
Information We Disclose: We do not disclose information about you to anyone except to the extent permitted by law: (i) to our Clairmont partner businesses where this is required for business administration and service fulfilment and for cross-selling purposes; (ii) third parties who assist in effecting the transactions and providing the authorized services such as broker-dealers, custodians, independent managers, etc.; (iii) persons assessing our compliance with industry standards, e.g., professional licensing authorities, consultants, etc.; (iv) our attorneys, accountants, and auditors; (iv) courts, law enforcement agencies, regulators or as otherwise provided by law; (v) any entity or individual where this is required in connection with a merger, acquisition or the sale of our business or a joint venture; or (vi) any other third party where you have consented to disclosure.
Security of Your Information: We restrict access to your information to those employees on a need to know basis to service your account. All employees sign a Declaration of Confidentiality and are bound by our Client Confidentiality Policy. We maintain appropriate physical, electronic and procedural safeguards that comply with applicable laws and standards to protect your information. Please contact our Chief Compliance Officer for more information about our security measures. At your request, we can provide you with a copy of the noted Declaration and Policy.
How Long is Your Information Retained? Your information will be retained during our engagement and thereafter for as long as is necessary for the legitimate business purposes listed above. Generally, we will not keep your information for longer than seven years following the closure of your account or your last interaction with us. Where required by law, we may retain your information for longer periods, particularly where the law requires us to keep mandatory records or where it is required in connection with any court, regulatory or law enforcement process.
If you are located in the EEA, Switzerland or in the UK, you may contact us about further detail about our data retention periods in relation to your personal data. At your request, we can provide you with a copy of our Data Retention Guidelines which is within our Policies and Procedures Manual.
Changes to Our Privacy Notice: In the event there were to be a material change to our privacy notice regarding how we use your information, we will provide written notice to you. Where applicable, you would be given an opportunity to limit or opt-out of such disclosure arrangements.
Third Party Sites: Please note that any linked websites are subject to their own terms and privacy notice.
Questions: If you have questions about this privacy notice or about the privacy of your information call the main number of Clairmont Trust Company Ltd at 242-362-6071 and ask to speak to the Chief Compliance Officer. Further contact details are on our website.
Annex: Additional information for residents of European countries
Clairmont provides the following additional information to its EEA, Switzerland and UK based customers to comply with any applicable European data protection laws such as the General Data Protection Regulation (GDPR).
What is personal data? It is information about you (a “data subject”) the use of which is governed by applicable European data protection laws. It will include any information from which you can be identified, directly or indirectly, in particular by reference to an identifier such as your name, identification number, location data, an online identifier such as IP address or other information about you. Most information collected about you on our website or in connection with our services will constitute personal data.
Who is responsible for your personal data? If you use our website, the data controller is Clairmont Trust Company Ltd . If you interact with any of our affiliates, each will be the data controller. If in doubt, please contact our Chief Compliance Officer.
What Is The Legal Basis For Processing Your Personal Data? On some occasions, we process your personal data with your consent, for example, when you agree that we may pass your information to one of our partner firms to assist with your investment needs. On other occasions, we process your personal data when required in connection with our services which we provide pursuant to our contract with you. We may have a legitimate interest to process your personal data where our interest is not overridden by your data protection rights. For example, we may process your personal data in order to ensure that our website and services are provided efficiently and in a user-friendly and personalised manner. We will process personal data where required in order to ensure the security of our business and the information of our customers, and to ensure the proper and efficient administration of our business. You may contact our Chief Compliance Officer for further information. Finally, we will process your personal data where we are required to do this by law. For example, we may have to fulfil anti-money laundering requirements or disclose information under a court order.
Data transfers: Personal data about you may be transferred to our group companies in the Bahamas, Cayman Islands and the US which perform certain compliance and administration functions and to our commercial partners, suppliers and agents located outside of your country of residence who may assist in the fulfilment of the services. We will ensure adequate protection of your personal data as required under applicable laws. For example, we may ask the recipient to enter into the standard contractual clauses issued by the European Commission. You may contact us to request further information on these safeguards.
Your rights: Data subjects may ask us for a copy of their personal data, to correct it, erase it or to transfer it to other organizations at their request. Data subjects also have rights to object to some processing including profiling. In particular, data subjects have the right to object to direct marketing at any time. Where we have asked for their consent, data subjects may withdraw such consent at any time. Where a data subject withdraws their consent, this will not affect the legitimacy of the processing conducted prior to such withdrawal. Where we process personal data because we have a legitimate interest in doing so (as explained above), the data subject has a right to object to this. These rights may be limited in some situations – for example, where we can demonstrate that we have a legal requirement to process the personal data. Please contact the Chief Compliance Officer with any enquiries. We will aim to acknowledge your enquiries within 72 hours and respond within one month, unless otherwise required by law. We hope that we can satisfy your requirements. However, if you have any unresolved concerns you also have the right to complain to your local data protection authority.
Last updated 5 December 2018.