Aqua is responsible for your personal information and remains committed to protecting your privacy. With effect from 25 May 2018, Aqua is, as data controller of your personal information, subject to the European Union General Data Protection Regulation 2016/679 (the "GDPR") and any locally applicable data protection laws. In this Privacy Notice, "we", "us" and "our" mean all Aqua Group entities that you have instructed or that are providing services or communication to you.
As a result of GDPR, we are introducing this Privacy Notice which makes it easier for you to find out how we collect, use, protect and disclose your personal information and which rights and options you have in relation to the personal information we hold.
This Privacy Notice will provide you with additional details such as:
- The types of personal information we collect about you;
- How we collect your personal information;
- How we use your personal information;
- Who we can share your personal information with;
- How long we will keep you personal information;
- Transferring your personal information abroad;
- Your rights relating to your personal information.
1. What personal information do we collect
The personal information we may collect include:
- Biographical information such as your name, date of birth, gender, identification number, tax number, occupation, country of domicile and/or nationality;
- Contact information such as your address, telephone number, email address, fax number, website registration;
- Information relating to your employment, education, family or personal circumstances and interest, where relevant;
- Information relating to your financial position such as bank account detail, income and source of wealth;
- Information to understand your needs and objectives to offer you services or to carry our your instructions;
- Information to assess whether you represent a politically exposed person, money laundering or negative publicity risk
2. How we collect personal information
We collect personal information about you in various ways, including:
- Directly from you when you meet or communicate with us;
- From a third party on your behalf e.g. an intermediary, agent or advisor;
- From other Aqua entities;
- Form publically available sources;
- When we generate it ourselves;
- From other organisations.
We will only collect information in line with relevant regulations and laws and this may relate to services you apply for, currently hold or have held in the past. You provide us with your personal information entirely voluntarily. However, there may be statutory or (pre-) contractual conditions under which Aqua will not be able to take action or process your instructions without you providing the relevant personal information to us.
3. How we use your personal information
We will only use your personal information as allowed by law e.g. carrying out an instruction or agreement, fulfilling a legal obligation, because we or third party recipient have a legitimate interest or as agreed by you. In particular, we have, inter alia, a legitimate business interest to use your personal information:
- To comply with our legal and regulatory obligations and requests, including reporting and/or being audited by regulatory bodies;
- For monitoring and assessing compliance with our policies and procedures;
- To analyse and improve our services and communication with you;
- For marketing to you, please note Aqua Group will not share personal information with third parties for marketing purposes;
- For the management and administration of our business;
- For insurance purposes;
- Seeking advice on our rights and obligations;
- Protecting the security of our IT and communication systems, online platform, websites and other systems, preventing and detecting security threats, fraud ad other criminal or malicious activities;
- To comply with legal obligation, compliance screening or recording obligations which may include automated checks to assist us in carrying out money laundering checks;
- To comply with court orders and/or defend our legal rights;
- For any purpose related and/or ancillary to any of the above or any other purpose for which your personal information was provided to us.
4. Who can we share your personal information with
We may share your personal information with:
- Other Aqua entities on a confidential basis for the purpose of providing services and for the administration and management of our business. A list of countries in which Aqua entities are located can be found on our website;
- Your agents, intermediaries and advisors;
- Third parties we engage to provide services to you such as agents, advisors, banks, brokers, insurers or any third party to whom we assign or novate any of our rights or obligations;
- Professional advisors such as lawyers, auditors, accountants, IT providers;
- Our data processors;
- Third parties to conduct background checks or other similar services;
- Courts, regulators and law enforcement agencies, where required.
If you provide personal information about someone else such as a director, employee or someone with whom you have business dealing, you must ensure that you are authorised to disclose that information without us taking further steps we will collect, use and share the information as set out in this Privacy Notice. In particular, you must ensure the affected individual is aware of this Privacy Notice and its contents including our contact details.
5. How long we keep your personal information
We will keep your information for as long as you have a relationship with us. After it ends we will keep your information for up to 10 years or as long as we may have a legitimate purpose or you withdraw your consent (where applicable) and we are not legally required or otherwise permitted to continue storing your data. In particular, we will retain your personal data
- where we have collected your personal information as required for anti-money laundering legislation;
- to help us respond to queries or complaints;
- to help us to respond to requests from regulators;
- for other reasons such as fighting fraud and financial crime.
6. Transferring your information overseas
Your information may be transferred and stored as set out in this Privacy Notice to countries outside the European Economic Area or to countries not approved by the European Union as providing an adequate level of protection for personal information. This may include countries which do not provide the same level of protection for personal information. When this happens, we will ensure any such transfers are made subject to appropriate or suitable safeguards. Such transfers will occur where you have given explicit consent; where the recipient has entered into European Union Standard Contractual Clauses or where the recipient is based in the United Stated of America and has registered under the EU/US Privacy Shield.
7. Your Rights
You have a number of rights relating to your information including:
- To request a copy of the personal data we hold about you;
- To ask us to share your personal data with another party;
- To ask us to update incorrect or incomplete details;
- To ask us to erase your personal information;
- To object to or restrict our processing activities of your information;
- To make a complaint;
- To withdraw consent.
We may request that you provide prove of your identity in order for us comply with our security obligations and to prevent unauthorised disclosure of data. We reserve the right to charge a reasonable administrative fee for any manifestly unfounded or excessive requests concerning your access to your data. Please note these rights are not absolute, and we may be entitled to refuse requests where exceptions apply.
We will consider any requests or complaints and provide you with a response within 4 weeks. If you are not satisfied with our response you may lodge a complaint with the relevant data protection regulator. We will provide you with details of the relevant regulator upon request.
Updates to this Privacy Notice
We reserve the right to update and change this Privacy Notice from time to time in order to reflect regulatory changes or changes to the way we process your personal information. In case of any such changes, we post the amended Privacy Notice on our website. The changes will come into effect upon publication.
You can view or download a copy of this Privacy Notice here
For more details, queries or comments about anything covered in this Privacy Notice, please contact us by:
Post: 23 Pier Road, St Helier, JE2 4XW, Jersey Channel Islands or Susan Court B No 7, Triq Il-Prinjolata, Ta`Xbiex, XBX 1130, Malta
Tel: +44 (0) 1534 72 9913 or +356 2766 3562
In order to comply with regulatory obligations, we will add this Privacy Notice to our current terms and conditions. We are not changing our terms of engagement and any other agreements already in place between us shall continue in full force. Please refer to our terns and conditions if you wish to learn more about our client confidentiality obligations. In the event of conflict or discrepancy between this Privacy Notice and our terms and conditions, this Notice shall prevail. If you do not notify us of your disagreement with any of the terms of this Privacy Notice, you will be deemed to have accepted it.