15 Herbert Place, Dublin 2, D02 X289
+353 1 574 5844 baytrustees.ie
Data Privacy Notice
The General Data Protection Regulation (“GDPR”) has been effective since 25th May 2018 and is the first major revision of data protection rights and responsibilities at European level since 1995. GDPR, along with applicable Irish legislative changes, amended existing data protection law in Ireland and created enhanced accountability and transparency obligations for all companies who process personal data, as well as granting new and enhanced rights for individuals.
We conduct our business in an honest, professional and transparent manner. As part of this commitment, we adhere to the principles set out in this notice for the protection of the rights and freedoms of data subjects and to assist data subjects in the exercise of their rights.
The purpose of this notice is to explain how we collect personal information about you, how we use such data and how you can interact with us in relation to your rights.
Bay Trustees & Protectors Limited (“Bay Trustees” or “we”, “us” or “our”) are based at 15 Herbert Place, Dublin 2, Ireland. Any queries in relation to this notice or your data protection rights can be addressed to the managing director, Jeremy Mitchell.
How We Collect Data
We collect data about you when you, a trust or a settlor, protector, trustee or beneficiary (an “Interested Party”) of a trust of which you are to be or are an Interested Party, your representative, your employer or the promoter of an investment into which you are proposing to make an investment engages us, or proposes to engage us, to provide our trustee and administration services. We also collect data about you during the course of your relationship with us, such as when you request or complete transactions, when you receive distributions, when you request additional services, when you use our website or from third parties such as your professional advisers or other representatives.
What Data Do We Collect?
We may collect data under a number of categories, including:
- Identification and contact information, including your name, date of birth, gender, marital status, nationality/citizenship, tax and other identifying numbers, address, e-mail address, home telephone number, work telephone number, mobile telephone number and fax number.
- Financial details and financial information, including information in relation to the assets of, or distributions you have received from, a trust of which you are an Interested Party, your income, your wealth and its source, your business, shareholding and directorship information, your occupation, job title and other employment information, your bank details and tax residence.
- Special categories of personal data, including health data or data relating to criminal convictions. Such data will only be processed where this is a requirement in order to provide our services to you or where it is required under a legal obligation to which we are subject.
- Other personal information, including information about your family and personal responsibilities, your official positions, information provided by you during the course of your relationship with us such as data to complete a transaction or enter an investment on your behalf, or data collected from online activities, such as cookies.
The Purposes for Which We Use Your Data
We will only ever use your information for a limited number of purposes, including:
- To provide our trustee and administration services to you in line with the contract and trust documentation under which we have been engaged. We may require your data to make decisions about and to make distributions and other payments to you, to process transactions at your request, to ensure tax returns are filed, to perform accounting and other record-keeping functions, or to contact you in respect of such matters.
- To comply with our legal and regulatory obligations, including our obligations as trustees and administrators to establish your identity, residence and tax status in order to comply with laws and regulations in the areas of taxation, financial crime, anti-money laundering and counter-terrorist financing, or to comply with court orders, enactments or rules of law or the instructions of regulatory bodies.
- To operate our business in line with our legitimate interests, including managing and improving customer service, administration and billing, risk and compliance monitoring, identifying improvements which can be made to our services, maintaining and improving our security systems, conducting marketing activities and other purposes incidental to the provision of our products and services.
- To protect your vital interests or those of another natural person.
- Where you have given your consent, including for direct marketing, or cookies from our website.
Sharing Your Data
We will keep your personal data confidential but may disclose it to third parties where necessary for the purpose of providing the services to the trusts of which you are an Interested Party, including associated companies, financial institutions, your authorised representatives, including your professional advisers, and other parties with whom we have contractual arrangements to provide ancillary and support services.
We may also share your data with regulatory and other governmental bodies where required by or under any enactment or rule of law or court order, including, but not limited to, the Revenue Commissioners, An Garda Siochana, the Department of Justice and Equality and the Companies Registration Office. If we are required to make such a disclosure, we may not be able to tell you that a disclosure has been made and we may have to stop providing our services for a period of time and may not be able to tell you why.
International Transfers of Data
We may transfer your data to countries outside the European Union in order to provide our services to you, but will only do so where we have arrangements in place to ensure that an equivalent level of protection is in place to protect your privacy rights.
For How Long Will We Keep Your Data?
We are committed to keeping your information for no longer than is necessary. This depends on the type of service provided to you, regulatory rules or the potential existence of legal disputes. In general, we will not retain your information for more than six years from the end of the relationship between us; however, this is extended to twelve years in cases where trusts are executed by way of sealed deed.
The security of your personal data is important to us. We have implemented appropriate technical and organisational measures to ensure a level of security designed to minimise loss or damage through accident, negligence or deliberate actions. Our security controls are in line with industry standards that protect confidentiality, integrity and availability of your information.
Not Providing Data
Where the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, and such data is not provided by you to us, we may not be able to provide or continue to provide the services requested.
Exercising Your Data Protection Rights
You have a number of rights in respect of how we use your data and these are as follows:
- Access – you have the right to be informed of how we collect, share and use your personal information and to request a copy of the data we hold about you.
- Rectification – you have the right to have inaccurate information corrected and incomplete information updated.
- Erasure – under certain circumstances you have the right to have your data or a portion of it deleted.
- Restriction – under certain circumstances you have the right to have the use of your data restricted.
- Objection – under certain circumstances you have the right to object to the processing of your data.
- Portability – under certain circumstances you have the right to obtain a transferable copy of certain data which can be transferred to another provider.
- Withdrawal of consent – you have the right to withdraw consent to the use of your data at any time where this is the legal basis for its use.
- Right not to be subject to automated decision-making, including profiling. You have the right to ask us:
- to give you information about our processing of your personal information;
- to request human intervention or challenge a decision whose processing is done solely by automated processes; and
- to carry out regular checks to make sure that our automated decision-making and profiling processes are working as they should.
If you wish to exercise any of these rights please contact the Managing Director, Bay Trustees, 15 Herbert Place, Dublin 2. We are obliged under GDPR to respond to your request without undue delay and will endeavour to respond within one calendar month. If we are unable to deal with your request fully within a calendar month, we may extend this period by a further two calendar months. Should this be necessary, we will explain the reasons why. Where you make a request electronically, we will provide the information by electronic means where possible.
If You Have a Complaint
You have the right to complain to the Data Protection Commission at:
Data Protection Commission
21 Fitzwilliam Square South
Phone: +353 (0)1-765 0100 / 1800-437 737
E-mail: [email protected]
We will update this notice from time to time and will provide you with an updated copy on request.
Bay Trustees & Protectors Limited