Privacy | Bracken Rothwell

The Notice is issued by Bracken Rothwell Limited.

Bracken Rothwell Limited is committed to protecting and respecting your privacy at all times. Therefore, we respect and protect your right to privacy and will process your personal data in accordance with the provisions of the European General Data Protection Regulation (“GDPR”) and other applicable privacy laws.

The GDPR and any other applicable privacy laws apply to this Privacy Notice and anything not specifically mentioned in this notice shall be governed by the GDPR and any other applicable privacy laws.

This Privacy Notice explains how we may use, process and store your personal data.

What is personal data?

Personal data is information that can identify a living individual from the information we hold on them. This includes their name, address and contact details and may include individual’s IP addresses and online identifiers. This is data which identifies an individual, even without a name associated with it, where it is processed to learn or record something about that individual. Data may ‘relate to’ an individual in several different ways, such as

Information processed or held in electronic form – on a computer;
Information processed in a non-automated manner – paper records held in a filing system; and
Information that forms part of any accessible record – certain health records, educational records etc.

What kind of personal data do we collect?

We collect the following types of personal data:

names and contact information;
general demographic information (such as gender, age, date of birth, marital status, nationality, employment details, residence, utility bills, etc.);
personal identification documentation and related information such as passport numbers, national ID Card, driver’s licence and employee identification numbers;
source of wealth;
financial and payment data such as bank account numbers, bank statements and transaction information;
tax residency; and
information related to the provision of the services performed under the Letter of Engagement or per the services provided by the Client to such individuals.
The list above is not exhaustive and that Bracken Rothwell Limited may also collect and process personal data to extent this is useful or necessary for the provision of our services.

What is sensitive data?

Under Data Protection law some data may be considered ‘sensitive’ – this could be racial or ethnic origin, political opinion, religion, a membership of a trade union, health, genetic/biometric data or criminal activity.

How does Bracken Rothwell Limited collect personal data?

Bracken Rothwell Limited obtains and processes personal data in different ways.

Personal data provided to Bracken Rothwell Limited directly:
We will collect personal data directly from all clients including prospective clients, and intermediaries for the purposes of entering into a contract or service agreement and/or to be compliant with certain legal requirements.
Personal data obtained from third parties:
We will collect and process personal data from publicly accessible sources such as the internet, social networks, compliance screening systems or commercial registers. We may also receive personal data from third parties as part of the service we provide to you or in connection with legal requirements that are applicable to us.

How does Bracken Rothwell Limited use personal data?

The majority of the personal data processed by Bracken Rothwell Limited is necessary for the performance of a contract to which the data subject is a party or to comply with the request of the data subject prior to entering into a contract. Bracken Rothwell Limited also processes personal data in order to comply with our legal and regulatory obligations.

We may furthermore process personal data for the purposes of the legitimate business interests pursued by Bracken Rothwell Limited. Such legitimate interests include general research and development (including statistical research or as a basis to analyse our current security measures) or to develop and improve our services or to strengthen our relationship with you. We may provide you with communications or information regarding our service offering which we think will be interesting for you. When we process your personal data for our legitimate business interests, we will consider any potential impact on you and your rights under the relevant data protection and any other relevant law. Whenever we process personal data for these purposes you have the right to object to this way of processing.

Who does Bracken Rothwell Limited provide personal data to?

Bracken Rothwell Limited may disclose or transfer personal data collected by Bracken Rothwell Limited to companies insofar as reasonably necessary for the purposes of our service offering or for bona fide compliance purposes as well as on the legal basis as set out in this Privacy Notice.

Except as described in this paragraph, Bracken Rothwell Limited will not disclose, transfer or sell your personal data to any third party unless you have consented to this.

The following is a list of potential recipients of data (in each case including respective employees, directors and officers):

Other providers of services (legal, governance or otherwise, including any bank or
financial institution providing services in relation to any matter on which Bracken Rothwell Limited is instructed) where disclosure to that provider of services is considered necessary to fulfil the purposes set out above;
Any sub-contractors, agents or service providers of Bracken Rothwell Limited;
Courts or tribunals;
Third parties with whom Bracken Rothwell Limited engages for the hosting of events or other marketing initiatives;
Law enforcement agencies where considered necessary for Bracken Rothwell Limited to fulfil legal obligations applicable to it;
Regulators or other governmental or supervisory bodies with a legal right to the material or a legitimate interest in any material;
Any registrar of a public register where the data is to be included in a public registry;
Potential parties with whom Bracken Rothwell Limited intends to merge or sell any part of Bracken Rothwell Limited.
Where Bracken Rothwell Limited is entering into an engagement with a third party pursuant to which data may be processed by that third party, we will seek to enter into an agreement with that third party setting out the respective obligations of each party and will seek to be reasonably satisfied that the third party has measures in place to protect data against unauthorised or accidental use, access, disclosure, damage, loss or destruction.

Bracken Rothwell Limited may disclose or transfer personal data to subcontractors for the purpose of the proper performance of the services we provide to our clients. It may, for example, disclose or transfer such personal data to third party service providers who provide administrative, computer, payment, data processing, screening, debt collecting or other services. We enter into data processing agreements with such subcontractors to ensure that they process your data, on our behalf, with the same level of security and confidentiality as applied by Bracken Rothwell Limited. Bracken Rothwell Limited may furthermore disclose or transfer personal data when we received your consent to do so.

In addition Bracken Rothwell Limited may disclose or transfer personal data to protect our rights or those of our clients and/or to prevent fraud. Bracken Rothwell Limited can also be obliged to disclose or transfer personal data to competent authorities in order to comply with our legal and/or regulatory obligations.

International transfers and data storage

Bracken Rothwell Limited may disclose or transfer personal data to other companies of Bracken Rothwell Limited that are located in countries that are outside the European Economic Area in connection with the above purposes.

The personal data Bracken Rothwell Limited processes is stored by Bracken Rothwell Limited on our servers, and/ or on the servers of the cloud-based database management services Bracken Rothwell Limited engages.

If disclosure or transfer of personal data is undertaken in a country that does not ensure an adequate level of protection of your personal data, Bracken Rothwell Limited will make sure additional safeguards are put in place.

Record Retention

Bracken Rothwell Limited will process and store the relevant personal data for the duration of our services or for the duration of the business relationship. Bracken Rothwell Limited may also continue to store the data for as long as it is necessary or required in order to fulfil legal, regulatory, contractual or statutory obligations and, or for the establishment, exercise or defence of legal claims, and in general where it has a legitimate interest for doing so.

Your rights

You have the following rights:

Access to your information
You have the right to access the personal information that Bracken Rothwell Limited holds about you at any time.
Data portability
You may ask Bracken Rothwell Limited to provide you with a copy of the personal information that Bracken Rothwell Limited holds about you.
Correction of your personal information
You have the right to ask Bracken Rothwell Limited to update and correct any out-of-date or incorrect personal information that we hold about you.
Deletion of your personal information (the right to be forgotten)
You have the right to ask Bracken Rothwell Limited to delete your personal information, to the extent that Bracken Rothwell Limited has no legal and/or regulatory obligations to keep such personal information.
Restriction of processing of your personal information
You have the right to ask Bracken Rothwell Limited to restrict the processing of your personal information in case:
a. You contested the accuracy of the personal information held by Bracken Rothwell Limited;
b. The processing is unlawful but you objected to the deletion of the personal data and requests the restriction of the use instead;
c. Bracken Rothwell Limited no longer needs the personal data for the purposes of the processing, but you require them for legal reasons; and
d. You objected to processing and Bracken Rothwell Limited is investigating whether there are legitimate grounds to override your objection.

Automatic decision making

Bracken Rothwell Limited generally does not make decisions by purely automatic means, but if we do, you have the right to object.

Your right to object to the processing of your personal data

You have the right to object at any time to the processing of your personal data for any direct marketing (and related profiling) by Bracken Rothwell Limited.

If you wish to exercise the above right, you can contact Bracken Rothwell Limited using the below contact details.

In addition you have the right to make a complaint to the local supervisory authority with respect to the way Bracken Rothwell Limited is processing your personal data or the way Bracken Rothwell Limited is handling your rights.

Navigations and Cookies

We may collect information about your computer, including your IP address, operating system and browser type, for system administration and in order to create reports. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.

The only cookies in use on our site are for Google Analytics. Google Analytics is a web analytics tool that helps website owners understand how visitors engage with their website. Google Analytics customers can view a variety of reports about how visitors interact with their website so that they can improve it.

Like many services, Google Analytics uses first-party cookies to track visitor interactions as in our case, where they are used to collect information about how visitors use our site. We then use the information to compile reports and to help us improve our site.

Cookies contain information that is transferred to your computer’s hard drive. These cookies are used to store information, such as the time that the current visit occurred, whether the visitor has been to the site before and what site referred the visitor to the web page.

Google Analytics collects information anonymously. It reports website trends without identifying individual visitors. You can opt out of Google Analytics without affecting how you visit our site – for more information on opting out of being tracked by Google Analytics across all websites you use, visit this Google page.

Children

Bracken Rothwell Limited’s website is not directed at, nor do we knowingly collect personal data from people under the age of 18 years old.

How we protect personal data

Bracken Rothwell Limited is committed to ensuring the security of your personal data. Bracken Rothwell Limited takes appropriate commercially reasonable technical, physical and organisational measures to prevent unauthorised or unlawful processing of your personal data or accidental loss or destruction of your personal data. Bracken Rothwell Limited will ensure a level of security suitable to the identified risks and pursuant to applicable Data Protection Laws and, where the Processing concerns personal data of EU residents, shall take measures required pursuant to Article 32 GDPR.

Employees of Bracken Rothwell Limited are trained to handle personal data securely and with utmost respect and they will treat your personal data as strictly confidential. Staff members shall be authorised to access personal data only to the extent necessary to serve the applicable legitimate purposes for which the data is held and processed for by Bracken Rothwell Limited.

Bracken Rothwell Limited will not divulge client information to a third party unless we have received explicit client authorisation to do so or we are required to do so by law.

Changes to this notice

Bracken Rothwell Limited may update this Privacy Notice from time to time. We advise you to periodically review this Privacy Notice to be informed of how Bracken Rothwell Limited is protecting your privacy.

Contact Bracken Rothwell Limited/Data Protection Officer

If you have any questions, concerns or complaints with respect to this Privacy Notice, the way Bracken Rothwell Limited is handling your privacy or you wish to exercise any of your rights please contact our Data Protection Officer:

Sarah Bois – Privacy@brackenrothwell.com

Please note that Bracken Rothwell Limited is not always required to provide details of all data held, and may charge a fee (where permitted by law) to cover reasonable costs of retrieval.

Consent

By consenting to this privacy notice you are giving us permission to process your personal data specifically for the purposes identified above. Consent is required for Bracken Rothwell Limited to process both types of personal data, but it must be explicitly given. Where we are asking you for sensitive personal data we will always tell you why and how the information will be used.

You may withdraw consent at any time by contacting the Data Protection Officer as detailed above.

The sources of data may include intermediaries, clients, data subjects directly, third parties connected to the data subject (for example, an employer or another service provider who provides services to the data subject).