For the purposes of the Data Protection Act 2018 and the EU General Data Protection Regulation (together the data protection legislation) M D Barnard & Company Limited is the data controller of your personal information.
If you have any queries about this policy or wish to exercise your privacy rights, please contact our data privacy manager at email@example.com
The information we collect about you
We may collect and process the following information about you:
- identity data including your title, name, date of birth and employment details
- contact data including your address, telephone number, contact details, records of correspondence with you and recordings of calls with you
- financial data including bank account details and income and expenditure details
- transaction data including details about payments between us and various transactions undertaken by us on your behalf
- sensitive data including information about your health
- criminal conviction or offence data which may be collected as a result of the fraud prevention searches we are required to carry out.
The above information is mostly collected directly from you through information provided by you completing our forms (electronically or in person), through correspondence from you or in telephone conversations with you. Sometimes we also collect information about you from our agents and intermediaries or through other introducers such as financial advisors, from credit reference agencies or fraud prevention agencies or from publicly available sources such as Companies House and social media websites.
We collect your identity, contact, financial, transaction and any criminal record data in order to be able to provide you with our services. If we do not have this information, we may be unable to provide you with our services.
If you provide us with sensitive data such as data about your health, we will always ask for your explicit consent before processing this information.
How we use your personal information
We use your personal information to provide you with our services which require us to:
- carry out indentity and fraud checks and to understand your circumstances,
- administer and manage any account you have with us
- report any unlawful or suspicious activity to the Financial Conduct Authority (FCA) or any other enforcement body or government agency.
We also use your information to communicate with you and send you details of services and products we feel may be of interest to you (unless you have opted out of receiving such information).
We use the data you provide to us through our website to communicate with you by replying to enquiries made via online forms.
Reasons for processing your personal information
Using your personal information to provide you with our services is necessary so that we can perform the contract we have with you or take steps to do so.
Sometimes we process your information to comply with our legal obligations such as when we carry out identity or fraud checks or report suspicious activity to the FCA.
It is in our legitimate interests to provide our clients and/or prospective clients with responsible advice, appropriate services and products and this includes giving you information about services, products, events and investment news and opportunities.
These are the “lawful bases” we rely on under data protection laws to process your personal information.
Who we share your information with
To provide you with our services, we may disclose your personal information to the following third parties:
- our regulator, the FCA
- HMRC and the London Stock Exchange
- credit reference agencies and fraud prevention agencies
- any client relationship management software provider
We ensure that suitable data processing agreements are in place between us and anyone who processes your data on our behalf.
Transfer of personal data
We store your personal information on our secure servers in the UK. We will only send your data outside the EU where there are adequate protections in place in line with the requirements of the data protection legislation, for example where the relevant organisation subscribes to the EU-US Privacy Shield framework.
How long will we keep your data for
We will retain your personal information for as long as we need to in order to fulfil the relevant purpose it was collected for unless we are required to keep it for a longer period, either due to regulations or because we have legitimate reasons for doing so.
If you are a prospective client who has registered an interest in receiving information from us, we will contact you with a view to providing you with the information requested. If we do not hear further from you we will delete your details in accordance with our data protection policy after 12 months. 3
Questions and concerns
If you have any questions or concerns about our use of your personal information, please let us know by emailing firstname.lastname@example.org. You may raise any concerns or obtain more information from the Information Commissioner’s Office (ICO) (https://ico.org.uk/concerns/).
Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data. These rights are as follows:
Right to 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.
Right to 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.
Right to 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 or you have successfully exercised your right to object to processing (see below). 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: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) 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 (d) 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.
How to contact us 4
Lesley Jay, MD Barnard, Level 2 James House, 1 Babmaes Street, London SW1Y 6HD