This data privacy notice (the “Notice”) explains how we may use any personal information that we collect and about you in order to provide services to you pursuant to this Agreement.
For the purposes of the General Data Protection Regulation (“GDPR”) and the Data Protection Act 2018, James Sharp & Co LLP, whose address is at The Exchange, 5 Bank Street, Bury, Lancashire BL9 0DN, is the “controller” of personal information collected in connection with our services.
If you have any questions about how we use your personal information, please contact us using our details in the Contact Us section at the end of this notice.
INFORMATION WE COLLECT
When you contact us
If you contact us by telephone, email or post to find out more about the services we offer, we will collect your name, contact details and any other information you provide to us.
We will use this information to respond to your questions and provide you with any necessary information and documents. Please note that we may record telephone calls made to us.
When you apply to open an account with us and when we provide you with services
If you apply to open an account with us or engage us to provide you with services, we will collect information about you including your name, date of birth, nationality, address (personal and business), e-mail address, the form(s) of government-issued identification you provide (e.g. passport or driving licence) and the information contained within those forms of identification, mobile telephone number and landline telephone number. We will also collect financial information about you including bank account information, tax residency information, information about your source of wealth and financial situation, and information about your financial aims and attitude to risk.
When you apply to open an account with us, or at any other point in your relationship with us, we may request that you provide additional documents that we require to verify your identity or status.
When you give us information about another individual, for example if you apply to open a joint account or to act as power of attorney, you may be required to provide some (or all) of the above information about that individual. You must have their prior agreement to do so.
Promotional communications that you may receive from us
We will use the information that you provide to us in order to communicate with you. You can ask us to stop contacting you at any time by contacting us using the details in the Contact Us section at the end of this notice, or by clicking the “Unsubscribe” link at the bottom of any email you receive from us.
Information we receive from third parties
We may also receive information from third parties (including public sources), including credit reference agencies, the ID Reference agency and fraud prevention agencies, such as GB Group.
HOW WE USE YOUR INFORMATION
The information we hold on you will be used in a number of ways. This is generally to process your application, provide you with access to our services, keep you informed and comply with our legal and regulatory obligations.
We use your information for the following purposes:
To carry out verification checks
In order to ensure we are complying with our legal and regulatory obligations (including fraud prevention, anti-money laundering and sanctions screening) we need to carry out identity, credit and verification checks (“Background Checks”) before we can provide our services. We will therefore use your information to:
- verify your identity and that of any other individuals listed in your application form (e.g. if you are applying for a joint account, Junior ISA or acting with power of attorney);
- validate the information that you provide in your application form;
- assess any potential fraud, credit or other potential risk; and
- contact you if we have any questions about your application form.
To contact you about our services or your application form
Once we have completed all necessary Background Checks, we will use your information to contact you about your account and provide you will all the necessary information. We will also use your contact information to respond to any customer service queries or complaints that your raise.
To provide the services
If you open an account with us, we will use your information to:
- act as your intermediary for financial transactions;
- administer your account in line with regulatory requirements;
- provide you with access to our website’s Client Area, if you request this;
- maintain our own accounts and records;
- prevent fraud, money laundering and market abuse;
- carry out statistical analysis;
- perform and enforce the terms of any agreement between you and James Sharp & Co.
OUR LEGAL BASIS FOR PROCESSING INFORMATION
If you open an account with us or register to receive any of our services, our legal basis for processing your personal information is that it is necessary:
- for the performance of the Agreement;
- for us to provide the services to you;
- for us to comply with our legal and regulatory obligations.
In all other circumstances, including where you contact us, our legal basis for processing your personal information is that it is necessary for our legitimate interest in conducting our business.
INFORMATION WE MAY SHARE
We may share your personal information with ID Reference Agencies and credit referencing agencies in the process of opening your account and providing certain services to you. These agencies keep a record of our enquiries and record, use and give out information we give them to make assessments and to help make decisions on you to prevent fraud and money laundering. We may also share your personal information with tax authorities, as further set out in the Additional Compliance section of Our Services and Business Terms.
We may also disclose your personal information to third parties:
- if we have your prior consent to do so;
- to enforce our Terms;
- if we are processing your information through a trusted business partner, who is acting on our explicit instructions and in accordance with this Policy, confidentiality and levels of security. Our business partners include:
- providers of anti-corruption and anti-money-laundering checks;
- cloud and online security services providers;
- professional advisors, such as lawyers or accountants;
- our outsourced service providers;
- in the event that we sell or buy any business or assets, in which case we may disclose your personal information to the prospective seller or buyer of such business or assets;
- if we transfer ownership or management of our services, business and/or assets (in whole or in part) to a third party, in which case we may also transfer your personal information to such third party; and
- if we are under a duty to disclose or share your personal information in order to comply with any legal obligation, or in order to enforce or apply any agreement that we conclude with you; or to protect our rights, property, or safety, or those of our customers or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection, or to sell any debt that you may owe to us.
RETENTION OF YOUR INFORMATION
We will keep your personal information only for as long as is necessary for the purposes set out in this Notice and to fulfil our legal obligations. This is usually at least for as long as you remain a client. However, please be advised that we retain some of your personal information after you cease to be a client, for instance if this is necessary to meet our legal obligations such as retaining the information for tax and accounting purposes or for anti-money laundering purposes.
When determining the relevant retention periods, we will take into account factors including:
- our contractual obligations and rights in relation to the information involved;
- legal and regulatory obligation(s) under applicable law to retain information for a certain period of time;
- potential or actual disputes;
- guidelines issued by the Information Commissioner’s Office; and
- our legitimate interests, where we need to consider retaining personal information to meet any other obligations
Otherwise, we securely erase your personal information once this is no longer needed.
The personal information that we collect from you may be transmitted to third parties located in countries outside of the European Economic Area, including the United States.
If you would like more information about how your personal information is transferred, please contact us at firstname.lastname@example.org.
You may have certain rights in relation to any personal information we collect about you. These may include the right to request access to the personal information we hold about you, or to obtain a copy of the personal information in machine readable format, to request that it is erased or that any inaccurate personal information is rectified. You may also have the right to ask us to restrict how we process your personal information or to withdraw your consent to how we process your personal information. Please contact email@example.com if you would like to make a request.
You also have the right to complain about the use of your personal information to the supervisory authority, which in the United Kingdom is the Information Commissioner’s Office. You can contact them via phone (0303 123 1113), email (firstname.lastname@example.org) or post (Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF)
CHANGES TO THIS NOTICE
This Notice will be reviewed from time to time to take account of changes to our operations and practices. If we make changes, we provide an updated version of the Notice on our website. If the changes are significant, we may send you an email or a letter with the update. Any personal information held will be governed by our most current Notice.
If you have any questions or requests regarding this Notice, our practices or your dealings with you, please contact us via:
Phone: 0161 764 4043
Post: The Exchange, 5 Bank Street, Bury, Lancashire, BL9 0DN