Hawksford Group Privacy Notice

Important information and who we are

This privacy notice is issued on behalf of Hawksford Group Holdings Limited and other companies within the Hawksford Group.  Accordingly, references to “Hawksford”, we”, “us” or “our” in this privacy notice are to the relevant company in the Hawksford Group responsible for processing your personal data and include the following Hawksford Group companies:

• Hawksford Trust Company Jersey Limited and its affiliates (including Hawksford Funds Services Jersey Limited and Hawksford Executors Limited) are regulated by the Jersey Financial Services Commission.
• Hawksford Singapore Pte Ltd is licenced as an employment agency by the Ministry of Manpower.
• Hawksford Trust Services Pte Ltd is regulated by the Monetary Authority of Singapore for trust company business.
• Hawksford Corporate Services Hong Kong Limited is regulated in Hong Kong by the Registry for Trust and Company Service Providers.
• Hawksford Corporate Consulting Services Shanghai Limited is licensed in the People’s Republic of China by the Shanghai Municipal Finance Bureau for book keeping services.
• Hawksford Corporate Consulting Services Suzhou Limited is regulated in the People’s Republic of China by the Suzhou Municipal Finance Bureau for book keeping services.
• Hawksford UK Services Limited is registered in England and Wales.

The identity of the data controller for data protection purposes will vary depending upon which Hawksford entity you contract with.

It is important that you read this privacy notice together with any other privacy policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why Hawksford is using your data.

Hawksford operates in jurisdictions that are outside the European Union, some of which have not been deemed adequate by the European Commission.  Where we share your data with Hawksford Group companies we do so on terms whereby such data is to be kept secure and confidential.

Contact details

Hawksford’s Global Data Protection Officer (DPO) may be contacted in relation to questions arising in relation to this privacy notice or if you have any questions in relation to exercising your legal rights.

The DPO may be contacted at: dpo@hawksford.com  or by post at Hawksford House, 15 Esplanade, St Helier, Jersey JE1 1RB.

You also have the right to make a complaint at any time to the Office of the Information Commissioner in Jersey (https://oicjersey.org), the Office of the Privacy Commissioner for Personal Data in Hong Kong (www.pcpd.org.hk), the Personal Data Protection Commission in Singapore (www.pdpc.gov.sg), the Information Commissioner’s Office of the United Kingdom (https://ico.org.uk) or a supervisory authority in the EU member state of your usual residence or place of work or of the place of any alleged breach of data protection legislation.

We would, appreciate the chance to deal with your concerns before you approach any information commissioner authority so please contact us in the first instance.

The data we collect about you

Personal data, means any information about an individual from which that person can be identified it includes information that you provide to us or which we gather in the course of operating our business. 

Hawksford may collect, use, store and  transfer various types of personal data about you including:

• Identity data (which may include your title, name and passport/driving licence/national identification card information, politically exposed person (PEP) status and personal data available in the public domain);
• Contact data (which may include postal address, email address and telephone numbers);
• Professional/employment data (which may include educational background, professional qualifications, employment, details of directorship and other offices which you may hold);
• Financial data (which may include sources of wealth, details of your assets, shareholdings and beneficial interest in assets, bank account details, credit history);
• Family relationships data (which may include your marital status, the identity of your spouse/partner and any children you may have);
• Third party relationships data (which may include your employer, advisors, service providers (including bankers and investment advisers) and entities with which you are associated);
• Technical data (which may include your internet protocol (IP) address, how you use our website, browser type and version, time zone setting and location, and other technology available from the devices you use to access our websites);
• Marketing and communications data (which may include your preferences in receiving marketing from us and our third party providers and your communication preferences).

We may also collect and process “Special Categories of Personal Data” about you where we are required to for the purposes of our legal and/or regulatory obligations including, but not limited to, legislation and regulatory obligations relating to anti-money laundering and combating the financing of terrorism and other related legislation.  This may include information about your race or ethnicity, religious or philosophical beliefs, political opinions and information relating to criminal convictions). We may also collect Special Categories of Personal Data comprising information about your health to enable us to meet our contractual obligations.

If you apply for a position with  Hawksford either through our website or directly via email or post we may collect personal data relating to your past employment, education and professional qualifications, your nationality and immigration/residential status, opinions from third parties about you (such as references), publicly available information including but not limited to information on social media accounts and any other personal data which may be gathered during the recruitment process.

If you fail to provide personal data

Where Hawksford is required to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or propose to enter into with you. In this case, we may have to withdraw the service you have with us but we will notify you if this is the case at the time.

How is your personal data collected?

We use different methods to collect data from you and about you including but not limited to:

Direct Interactions. You may give us your personal data by filling in forms or by corresponding with us by post, telephone, email or otherwise.  This includes personal data you provide when you:

• apply for our services;
• subscribe to our services or publications;
• request material to be sent to you.

Third Parties or Publicly Available Sources. We may receive personal data about you from various third parties and public sources including but not limited to: 

• personal data gathered through client due diligence undertaken to meet regulatory requirements (including through credit reference agents);
• personal data from publicly available sources such as companies registries;
• personal data received in the course of dealing with advisors, lawyers, regulators, official authorities and service providers;
• our clients in connection with the services we are providing (for example a settlor may provide personal data on beneficiaries);
• other financial services providers (including from other trust and companies administration service providers);
• personal data on potential candidates may be obtained from recruitment agencies, past or current employers, educational institutions and/or professional bodies;
• analytics providers such as Google based outside the EU.

Information that we collect through our websites

Hawksford may collect information from you through your use of our websites, when you request information from us or otherwise in the course of our business. Hawksford has four websites: www.hawksford.com; www.guidemesingapore.com; www.guidemehongkong.com; and www.pndp.net.  You are not required to provide any personal data in order to access our websites.

You may voluntarily choose to provide personal data by signing up for news letters or other publications.

Our websites collect the domain names, IP addresses, user statistics, analytics and browsing history of all visitors.  For further information please see our Cookies Policy. Hawksford uses this data to promote our services.

Purposes for which Hawksford uses your personal data

Hawksford provides corporate, private client and fund administration services to our clients and we use your personal data for those purposes.  Hawksford will use your personal data to:

• perform a contract that we are about to enter into or have entered into with you;
• where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests;
• comply with a legal or regulatory obligation (to include the prevention and detection of fraud, money laundering and other crimes);
• respond to requests, enquiries or complaints received from you or someone connected to you;
• establish, exercise or defend legal proceedings and/or Hawksford’s legal rights;
• conduct administrative or operational processes within Hawksford;
• compile statistics in relation to the use of our websites;
• send you marketing material;
• for other legitimate business purposes;
• enable us to display relevant targeted advertisements to you about products and services that may be of interest;
• review and process any application you make in relation to recruitment.

Hawksford does not generally rely on consent as a legal basis for processing your personal data other than in relation to sending marketing communications to you via email. You have the right to withdraw consent to marketing at any time by contacting us. 

Change of purpose 

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.  If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above purposes, where this is required or permitted by law.

Sharing personal data

Hawksford may share your personal data with the parties set out below for the purposes listed above.

Internal. Other companies in the Hawksford Group.

External. The following third parties:  

• Service providers acting as processors who provide IT and system administration services;
• Professional advisers acting as processors or joint controllers including lawyers, bankers, investment advisers, auditors, brokers, insurers and accountants who provide, legal, banking, advisory, audit, insurance and accounting services;
• Tax authorities, regulators and other authorities acting as processors or joint controllers who require reporting of processing or information for tax, regulatory or legal compliance.
• Fraud prevention agencies acting as joint controllers.
• Courts or other competent judicial or governmental body to comply with legal obligations such as combating money laundering and terrorist financing where such parties would be acting as joint controllers.
• Organisations and individuals if you have applied for a role with Hawksford, in order for us to obtain references and confirmation of details.

International transfers

Whenever Hawksford transfers your personal data outside of the European Economic Area (EEA), we will ensure a similar degree of protection is afforded to such data by ensuring that at least one of the following safeguards is implemented:

• Hawksford will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission (this includes Jersey and Guernsey);
• Hawksford may require certain organisations to use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.
• Where we use providers based in the United States (US), Hawksford may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US.
• Hawksford may rely on other circumstances where the law permits the transfer for example where the transfer is necessary for the performance of a contract.  Hawksford will ensure any transfer of your personal data will be compliant with applicable data protection laws.  Please contact the DPO if you require further information on the specific mechanism used by Hawksford when transferring your personal data outside of the EEA.

Marketing

Hawksford will provide you with choices regarding certain use of your personal data, particularly around marketing and advertising. Hawksford may contact you by email or other means to inform you about news, market updates, services or events which we think may be of interest to you.

You have the right to ask Hawksford to stop sending you marketing messages at any time by adjusting your marketing preferences or by following the opt-out links on any marketing message sent to you or by contacting us at any time at info@hawksford.com.

Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies.  If you disable or refuse cookies, please note that some parts of our websites may not be accessible or their functionality may be restricted.  For more information about the cookies we use, please see our Cookies Policy.

Data security

Hawksford has put in place appropriate security measures to protect 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 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. 

Hawksford has put in place procedures to deal with any suspected personal data breach and we will notify you and any applicable regulator of a breach where we are legally required to do so.

Data retention: how long will you use my personal data for?

Hawksford will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting, or reporting requirements. 

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 requirements.

Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data we process, you have the right to:

• request access your personal data;
• request correction of your personal data;
• request restriction of the use of your personal data;
• request your personal data is erased; and
• object to processing of your personal data.

Where we have relied on consent or our legitimate interests to process your personal data, you have the right to withdraw consent at any time. If you choose to do so, we may not be able to provide our services to you.

If you wish to exercise any of the rights set out above please contact the DPO. 

Changes to the privacy notice and your duty to inform us of changes

This Privacy Policy is dated 28 January 2019.

We may make changes to this privacy notice from time to time without notice, in which case the date of the notice will be up dated.

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.