Privacy Notice and Compliance Statements
At Livingstone Trust Company Limited, we are committed to maintaining the accuracy, confidentiality and security of your personal information. This Privacy Notice describes the personal information that LTCL collects from you or about you and how we use and to whom we disclose this information.
As a business regulated by the Guernsey Financial Services Commission, we may on occasion need to process your data to comply with our regulatory requirements or fullfil the obligations of a contract we have entered with you.
What is personal information?
For the purposes of this Privacy Policy, personal information is any information about an identifiable individual, other than the person’s business title or business contact information when used or disclosed for the purpose of business communications. Personal information does not include anonymous or non-identifiable information (i.e. information that cannot be associated with or tracked back to a specific individual).
Personal Information we collect, process, and hold includes (amongst others):
Name and residential address
Date of birth
Contact details
Identification numbers and documents (i.e. TIN’s and passport numbers)
Place of birth and nationality
Source of wealth and funds (where relevant)
Why we collect and use this information
- Providing our contracted services to you
- Maintaining and using relevant electronic filing systems
- Keeping your records up to date
- Conducting compliance, anti-money laundering and risk reviews
- Complying with any requirement of Law, Regulation or reporting to a Regulatory or Tax authority
In the future, if we intend to process your personal data for a purpose other than that which it was collected, we will provide you with information on that purpose and any other relevant information.
The lawful basis on which we process this information
LTCL processes your personal data in order to comply with its legal obligations. These obligations are set out in legislation such as the Criminal Justice (Proceeds of Crime) (Bailiwick of Guernsey) Law 1999, the Companies (Bailiwick of Guernsey) Law 2008, and other legislation and regulation applicable to our business as a licensed fiduciary in Guernsey.
Collecting this information
Much of the information we hold will have been provided by you upon completion of an application form. We do not use automated decision making (including profiling) in any circumstances.
Storing this information
We hold your personal data both in hard copy files and on IT systems. The information will be stored until the expiration of a period of six years after the termination of our relationship with you.
Some documents which may hold your personal data are required to be held for a longer period, for instance Trust Deeds.
We take the security of your data seriously. We have internal policies and controls in place to ensure that your data is not lost, accidentally destroyed, misused or disclosed, and is not accessed except by our employees in the proper performance of their duties.
Who we share this information with
Personal data may be shared with the senior management of LTCL and relevant information may be shared with members of the workforce. Information may also be shared with parties that provide certain information technology and data processing services to us so that we may operate our business.
In some circumstances we may need to transfer personal data outside of the Bailiwick of Guernsey and the European Economic Area. Currently, the only jurisdiction outside these areas which receives personal data from us is the British Virgin Islands. This is in order to work with registered agents which are regulated in the BVI for some relevant clients. Where such transfers are deemed necessary, we always ensure contractual safeguards are in place with any third party as relevant.
Your Rights
Under the EU’s General Data Protection Regulation (GDPR) and the Data Protection (Guernsey) Law 2017 (the DP Law), you have certain rights with regards to your personal data. You have the right to request from us access to and rectification of your personal data.
If you would like access to the data we hold, we must receive a request in writing in order to fulfill the request.
This request should be sent to us:
By email to Mark Jefferies with subject line: Subject Access Request
By regular post to the Attention of and at the address appended to the end of this Privacy Notice.
In certain circumstances, you have the right to request erasure of your personal data, the right to restrict processing, object to processing, and the right to data portability.
You have the right to file a complaint with the Data Commissioner’s Office in Guernsey if you believe that we have not complied with the requirements of GDPR with regard to your personal data.
Identity and contact details of Responsible Officer
If you have any concerns as to how your data is processed, you can contact our Responsible Officer at Mark@livingstonetrust.com or you can write to us using the following address:
Livingstone Trust Company Limited
Attn: Mark Jefferies
St Peter’s House
Rue des Brehauts
St Pierre du Bois
Guernsey GY7 9RT
