Privacy Policy

INTRODUCTION  

Benest & Syvret respects your privacy and is committed to protecting your personal data. This document sets out the Benest & Syvret privacy policy which we are required under data protection legislation to notify you of. 

Please use the Glossary to understand the meaning of some of the terms used in this privacy policy.

1. PURPOSE OF THIS POLICY AND WHO WE ARE  

PURPOSE OF THIS PRIVACY POLICY  

This privacy policy aims to give you information on how Benest & Syvret collects and processes your personal data, including any data you may provide to us or which we otherwise gather in the course of operating our business. 

It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions where we are collecting or processing personal data about you. This privacy policy supplements other notices and privacy policies and is not intended to override them.

CONTROLLER  

Benest & Syvret is the controller and responsible for your personal data (referred to as “we”, “us” or “our” in this privacy policy).

Benest & Syvret has appointed a Data Protection Committee which is responsible for overseeing questions in relation to this privacy policy. 

CONTACT DETAILS  

If you have any questions about this privacy policy, including any requests to exercise your legal rights please contact our Data Protection Committee, using the details set out below.

Email address: info@benestsyvret.com

Postal address: Data Protection Committee, Benest & Syvret, 16 Hill Street, St Helier, Jersey, JE1 1BS. 

Telephone number: 01534 875875

You have the right to make a complaint at any time to the Jersey Office of the Information Commissioner (JOIC), Jersey’s supervisory authority for data protection issues.  We would, however, appreciate the opportunity to deal with any concerns you may have before you approach the JOIC and so please contact us in the first instance. 

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 1st June 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.

THIRD-PARTY LINKS ON OUR WEBSITE

Our website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

2.  THE DATA WE COLLECT ABOUT YOU  

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

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

Identity Data includes your first name, maiden name, last name, user name or similar identifier, marital status, title, date of birth, Social Security number and gender.  Your passport or driving licence. 

Contact Data includes billing address, delivery address, email address and telephone numbers. Details of your family members. 

Financial Data includes bank account, payment card details, your assets, source of wealth, shareholdings and beneficial interests in assets and credit history. 

Transaction Data includes details about payments to and from you and other details  of services that you have purchased from us.

Technical Data includes internet protocol (IP) address, browser type and version, time zone settings and location, browser plug-in types and versions, operating system and platform, and other technology on the device that you use to access our website.

Profile Data includes your interests, preferences, feedback and survey responses. 

Usage Data includes information about how you navigate our website and the actions that you take. 

Marketing and Communications Data includes your preferences in receiving marketing from us.

Criminal Convictions and Offences Data includes information relating to criminal convictions and offences. 

Special Categories of Personal Data includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data.

We do not actively collect data regarding Criminal Convictions and Offences and Special Categories of Personal Data from you through our website however we may become aware of this through any legal instructions. 

IF YOU FAIL TO PROVIDE PERSONAL DATA  

Where we need 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 are trying to enter into with you (for example, to provide you with services). In this case, we may have to cancel a service provided to you but we will notify you if this is the case at the time.

3.  HOW IS YOUR PERSONAL DATA COLLECTED?  

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

Direct interactions. You may provide us with your Identity Data, Contact Data, Financial Data, Transaction Data, Communication Data, Criminal Convictions and Offences Data, and Special Category Data when you:-

• apply for our services we will ask you to complete forms and documents in relation to the administration/management of our services, we will gather information from you through our client due diligence process as part of our compliance and regulatory requirements and any personal information provided to us by way of correspondence with us by phone, e-mail or otherwise;

• instruct us to deal with a matter on your behalf;

• apply for a vacancy with us;

• subscribe to our service or publications;

• request marketing to be sent to you;

• enter a competition, promotion or survey; 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 Cookies Policy for further details. 

Third parties or publicly available sources for example form the following sources:-

• our clients in connection with matters upon which we are or may be instructed (for example where you are a counterparty to a transaction or an employee of one of our clients or where you are a witness in a dispute resolution matter);

• entities in which you or someone connected to you has an interest;

• your legal and/or financial or other advisors;

• financial institutions who hold and process your personal information;

• credit reference agencies and financial crime databases for the purposes of complying with our regulatory requirements, and personal information received in the course of dealing with advisors, regulators, official authorities and service providers by whom you are employed or engaged or for whom you act; or 

• analytics providers such as Google or publicly available information such as information available from the Jersey Financial Services Commission or Jersey Electoral Register. 

4.  HOW WE USE YOUR PERSONAL DATA

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:-

• where we need to perform a contract 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;

• where we need to comply with a legal obligation.

Please refer to the Glossary, Lawful Basis, to find out more about the types of lawful basis that we will rely on to process your personal data.

5.  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 your personal data, and which of the legal basis we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data on more than one lawful basis depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal basis we are relying on to process your personal data where more than one ground has been set out in the table below.

MARKETING

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

We may ask whether you wish to receive future marketing from us (such as to know about events we are running or services we provide that may be relevant to you) and this will be presented to you as an option on any marketing communication that we sent to you. 

You have the right at any time to tell us to stop contacting you for marketing purposes.  If you wish to do so please email info@benestsyvret.com. 

PROMOTIONAL OFFERS FROM US  

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which services and offers may be relevant for you.

THIRD-PARTY MARKETING  

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

OPTING OUT  

You can ask us or third parties to stop sending you marketing messages at any time by emailing info@benestsyvret.com.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a service purchase, product/service experience or other transactions.

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 website may become inaccessible or not function properly. For more information about the cookies we use please see our Cookies Policy. 

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 you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

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 rules, where this is required or permitted by law.

5.  DISCLOSURES OF YOUR PERSONAL DATA  

We may share your personal data with the parties set out below for the purposes set out in the table above.

External Third Parties

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  

To deliver services to you, it is sometimes necessary for us to share your personal data outside Jersey, for example:-

If you are based outside Jersey/EEA;

Where there is a European and/or international dimension to the services that we are providing to you.  Under data protection law, we can only transfer your personal data to a country or international organisation outside Jersey/EEA where:-

• the Jersey government or, where the EU GDPR applies, the European Commission has decided that the particular country or international organisation ensures an adequate level of protection of personal data (known as an ‘adequacy decision’);

• there are appropriate safeguards in place, together with enforceable rights and effective legal remedies for data subjects; or

• a specific exemption applies under data protection law. 

ADEQUACY DECISION

We may transfer your personal data to certain countries on the basis of an adequacy decision.  These include: 

• All European Union countries, plus Iceland, Liechtenstein and Norway (collectively known as the ‘EEA’)

• Gibraltar; and

• Andorra, Argentina, Canada, Faroe Islands, Guernsey, Israel, Isle of Man, Japan, New Zealand, Switzerland, Uruguay and the UK. 

The list of countries that benefit from adequacy decisions will change from time to time.  We will always seek to rely on an adequacy decision where one exists.

Other countries or international organisations we are likely to transfer personal data to do not have the benefit of an adequacy decision.  This does not necessarily mean they provide poor protection for personal data, but we must look at alternative grounds for transferring the personal data, such as ensuring appropriate safeguards are in place or relying on an exemption, as explained below.   

TRANSFERS WITH APPROPRIATE SAFEGUARDS

Where there is no adequacy decision, we may transfer your personal data to another country or international organisation if we are satisfied the transfer complies with data protection law, appropriate safeguards are in place, and enforceable rights and effective legal remedies are available for data subjects.

TRANSFERS UNDER AN EXCEPTION 

In the absence of an adequacy decision or appropriate safeguards we may transfer personal data to a third country or international organisation where an exception applies under the data protection law, for example where:-

• you have explicitly consented to the proposed transfer after having been informed of the possible risks;

• the transfer is necessary for the performance of a contract between us or to take pre-contractual measures at your request;

• the transfer is necessary for a contract in your interests, between us and another person; or

• the transfer is necessary to establish, exercise or defend legal claims.

We may also transfer information for the purposes of our compelling legitimate interests, so long as those interests are not overridden by your interests, rights and freedoms.  Specific conditions apply to such transfers and we will provide relevant information if and when we seek to transfer your personal data on this ground. 

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.

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

8.  DATA RETENTION  

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.

Your physical files or an electronic copy of the same may be retained by us for a period of 20 years after we have completed the matter.  This period allows for any relevant prescription period for contract or tortious liability to pass.  If we are required to retain files to comply with longer prescription periods, protect essential documentation including wills, or to assist clients with providing copy documentation or providing details such as those required pursuant to the Rehabilitation of Offenders (Jersey) Law 2001, such files will be kept beyond the aforementioned 20 year period.

After that time we reserve the right to destroy your files whether held in hard copy or electronically which destruction you agree to unless we are specifically instructed by you not to.  We reserve the right to scan and store documents electronically, including your original signed documents, destroying the originals.  

If your file contains any documents that may we may need to refer to in order to verify the accuracy of the Public Registry the file may be retained indefinitely. 

If instructed by you to retain the files for longer than 20 years we reserve the right to charge for such storage at a commercial rate. Where matters are completed and in storage we reserve the right to charge a retrieval fee where deemed appropriate should you wish to review documentation or should we be asked to review documentation.

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

9.  YOUR LEGAL RIGHTS  

Under certain circumstances, you have rights under data protection laws in relation to your personal data, which are as follows: 

Request access to your personal data (commonly known as a “data 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. 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) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in 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;

• 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.

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.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

Should you wish to exercise any of the rights set out above, please contact our Data Protection Committee as set out above. 

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.  GLOSSARY  

LAWFUL BASIS  

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights 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).  

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

Consent: We rely on consent only were we have obtained your active agreement to use your personal data for a specified purposes. 

THIRD PARTIES  

External Third Parties

Whilst we may use service providers who provide IT and system administration services, none of these providers act on our behalf as data processors.

Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in Jersey and the EEA who provide consultancy, banking, legal, insurance and accounting services.

Regulators and other authorities acting as processors or joint controllers based in Jersey who require reporting of processing activities in certain circumstances.