DATA PRIVACY NOTICE
We take your privacy very seriously and we ask that you read this privacy notice carefully as it contains important information on who we are, how and why we collect, store, use and share personal data, your rights in relation to your personal data and on how to contact us and supervisory authorities in the event you have a complaint.
Italicised words in this privacy notice have the meaning set out in the Glossary of Terms at the end of this document.
WHO ARE WE
Anderson Sinclair & Co LLP collects, uses and is responsible for certain personal data about you. When we do so we are required to comply with data protection regulation and we are responsible as a data controller of that personal data for the purposes of those laws.
Anderson Sinclair & Co LLP is a company registered in England and Wales company number OC308793 whose registered office is at The Leatherhead Institute, 67 High Street, Leatherhead, Surrey. KT22 8AH. Anderson Sinclair & Co LLP is authorised and regulated by the Financial Conduct Authority. Anderson Sinclair & Co LLP Financial Services Register number is 416880.
Please refer to our client agreement of our costs and services.
THE PERSONAL DATA WE COLLECT AND USE
In the course of providing our service to you we may collect the following personal data when you provide it to us:
- Contact information
- Identity information
- Financial information
- Employment status
- Lifestyle information
- Health information
- Data about criminal convictions or offences
- Details of any vulnerability
- Details of your dependents and/or beneficiaries under a policy (If you are providing information about another person we expect you to ensure that they know you are doing so and are content with their information being provided to us. You might find it helpful to show them this privacy notice and if they have any concerns please contact us in one of the ways described below.
- Product details
INFORMATION COLLECTED FROM OTHER SOURCES
We also obtain personal data from other sources in the course of providing our intermediary services. Where we obtain this information from another party it is their responsibility to make sure they explain that they will be sharing personal data with us and, where necessary, ask permission before sharing information with us.
The personal data we obtain from other sources may include the following:
- From lenders and/or product providers:
- product details
- From identification and verification checking agencies:
- identity information
- sanction check information
HOW WE USE YOUR PERSONAL DATA
- To correspond with the customers.
- To process new business applications
- We do not process data relating to criminal convictions. However, should we ever do the above then it may be for the purpose of advising on, arranging or administering an insurance contract & Explicit consent would have been obtained.
- To establish Know Your Customer (KYC) information which would enable advice to be provided to client’s and to be able to review complaints on an individual basis to ascertain if they should be upheld or not.
- In relation to Disaster Recovery plans so that there is a contact for all clients and employees
- Guaging a client demands/ needs for financial advice for example non investment insurance and subsequently issuing to underwriters/ providers to obtain an appropriate contract of insurance to protect the individual(s) personal/corporate financial situation.
- In situations: Online mortgages or life insurance applications on behalf of our clients.
- Investment, non investment and Mortgage/ finance provider applications Plus compliance consultancy (i.e. Bankhall). Data held would be Personal Client data.
- To facilitate Money transfers and/or provide a regular income from our clients investments. For clients to pay us an ongoing monthly adviser charge via Standing Order.
THE LAWFUL BASES UPON WHICH WE COLLECT AND USE YOUR PERSONAL DATA
- Entering/performing a contract with the data subject
- Compliance with a legal obligation
WHO WE ROUTINELY SHARE YOUR PERSONAL DATA WITH
- All staff including administrators. Third parties will have access to this data as well i.e. Companies to which products have been recommended and applications submitted. Our compliance advisers (Bankhall) who ensure that the advice that we give meets our clients objectives
SPECIAL CATEGORY DATA
Certain types of personal data are considered more sensitive and so are subject to additional levels of protection under data protection legislation. These are known as ‘special categories of data’ and include data concerning your health, racial or ethnic origin, genetic data and sexual orientation. Data relating to criminal convictions or offences is also subject to additional levels of protection.
We may process:
- Health information and lifestyle information when providing intermediary services in relation to a protection insurance product; and/or
- Criminal conviction or offence information when providing intermediary services in relation to a general insurance product
- Processing for the purpose of advising on, arranging or administering an insurance contract
In addition to the lawful basis for processing this information set out in the above table, we will be processing it either (i) for the purpose of advising on, arranging or administering an insurance contract or (ii) for the establishment, exercise or defence of legal claims.
[In the course of our activities relating to the prevention, detection and investigation of financial crime, we may process criminal conviction or offence information. Where we do so, in addition to the lawful basis for processing this information set out in the above table, we will be processing it for the purpose of compliance with regulatory requirements relating to unlawful acts and dishonesty.
We may use personal data we hold about you to help us identify, tailor and provide you with details of products and services from us that may be of interest to you. We will only do so where we have obtained your consent and then will do so in accordance with any marketing preferences you have provided to us.
In addition, where you provided your consent, we may provide you with details of products and services of third parties where they may be of interest to you.
You can opt out of receiving marketing at any time. If you wish to amend your marketing preferences please contact us:
By phone: 01372 379345 By email: firstname.lastname@example.org
By Post: Anderson Sinclair & Co LLP. The Leatherhead Institute, 67 High Street, Leatherhead, Surrey. KT22 8AH
In addition, you can opt out of receiving marketing at any time by clicking the ‘unsubscribe’ link at the bottom of every email.
WHETHER INFORMATION HAS TO BE PROVIDED BY YOU, AND IF SO WHY
We will tell you if providing some personal data is optional, including if we ask for your consent to process it. In all other cases you must provide your personal data in order for us to provide you with intermediary services.
HOW LONG YOUR PERSONAL DATA WILL BE KEPT
We will hold your personal data for differing periods of time depending upon the reason we have for processing it. These retention periods are set out below.
We will keep all client information indefinitely.
TRANSFER OF YOUR INFORMATION OUT OF THE EEA
We will not transfer your personal data outside of the European Economic Area or to any organisation (or subordinate bodies) governed by public international law or which is set up under any agreement between two or more countries.
You have a right to ask us for more information about the safeguards we have put in place as mentioned above. To learn more, please see ‘Your rights’ below.
You have legal rights under data protection regulation in relation to your personal data. These are set out under the below headings:
- To access personal data
- To correct / erase personal data
- To restrict how we use personal data
- To object to how we use personal data
- To ask us to transfer personal data to another organisation
- To object to automated decisions
- To find out more about how we use personal data
We may ask you for proof of identity when making a request to exercise any of these rights. We do this to ensure we only disclose information or change your details where we know we are dealing with the right individual.
We will not ask for a fee, unless we think your request is unfounded, repetitive or excessive. Where a fee is necessary, we will inform you before proceeding with your request.
We aim to respond to all valid requests within one month. It may however take us longer if the request is particularly complicated or you have made several requests. We will always let you know if we think a response will take longer than one month. To speed up our response, we may ask you to provide more detail about what you want to receive or are concerned about.
We may not always be able to fully address your request, for example if it would impact the duty of confidentiality we owe to others, or if we are otherwise legally entitled to deal with the request in a different way.
To access personal data
You can ask us to confirm whether or not we have and are using your personal data. You can also ask to get a copy of your personal data from us and for information on how we process it.
To rectify / erase personal data
You can ask that we rectify any information about you which is incorrect. We will be happy to rectify such information but would need to verify the accuracy of the information first.
You can ask that we erase your personal data if you think we no longer need to use it for the purpose we collected it from you.
You can also ask that we erase your personal data if you have either withdrawn your consent to us using your information (if we originally asked for your consent to use your information), or exercised your right to object to further legitimate use of your information, or where we have used it unlawfully or where we are subject to a legal obligation to erase your personal data.
We may not always be able to comply with your request, for example where we need to keep using your personal data in order to comply with our legal obligation or where we need to use your personal data to establish, exercise or defend legal claims.
To restrict our use of personal data
You can ask that we restrict our use of your personal data in certain circumstances, for example
- where you think the information is inaccurate and we need to verify it;
- where our use of your personal data is not lawful but you do not want us to erase it;
- where the information is no longer required for the purposes for which it was collected but we need it to establish, exercise or defend legal claims; or
- where you have objected to our use of your personal data but we still need to verify if we have overriding grounds to use it.
We can continue to use your personal data following a request for restriction where we have your consent to use it; or we need to use it to establish, exercise or defend legal claims, or we need to use it to protect the rights of another individual or a company.
To object to use of personal data
You can object to any use of your personal data which we have justified on the basis of our legitimate interest, if you believe your fundamental rights and freedoms to data protection outweigh our legitimate interest in using the information. If you raise an objection, we may continue to use the personal data if we can demonstrate that we have compelling legitimate interests to use the information.
To request a transfer of personal data
You can ask us to provide your personal data to you in a structured, commonly used, machine-readable format, or you can ask to have it transferred directly to another data controller (e.g. another company).
You may only exercise this right where we use your personal data in order to perform a contract with you, or where we asked for your consent to use your personal data. This right does not apply to any personal data which we hold or process outside automated means.
To contest decisions based on automatic decision making
If we made a decision about you based solely by automated means (i.e. with no human intervention), and the decision made by us produces a legal effect concerning you, or significantly affects you, you may have the right to contest that decision, express your point of view and ask for a human review. These rights do not apply where we are authorised by law to make such decisions and have adopted suitable safeguards in our decision making processes to protect your rights and freedoms.
You can contact us for more information
If you are not satisfied with the level of information provided in this privacy notice, you can ask us about what personal data we have about you, what we use your information for, who we disclose your information to, whether we transfer it abroad, how we protect it, how long we keep it for, what rights you have, how you can make a complaint, where we got your data from and whether we have carried out any automated decision making using your personal data.
If you would like to exercise any of the above rights, please:
- Please write to GavinAnderson, our Data Protection Officer at Anderson Sinclair & Co LLP, The Leatherhead Institute, 67 High Street, Leatherhead, Surrey. KT22 8AH
- let us have enough information to identify you, e.g. name, address, date of birth;
- let us have proof of your identity and address (a copy of your driving licence or passport and a recent utility or credit card bill); and
- let us know the information to which your request relates.
KEEPING YOUR PERSONAL DATA SECURE
We have appropriate security measures in place to prevent personal data from being accidentally lost, or used or accessed in an unauthorised way. We limit access to your personal data to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.
We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
OUR SUPERVISORY AUTHORITY
If you are not happy with the way we are handling your information, you have a right to lodge a complaint with the Information Commissioners Office. It has enforcement powers and can investigate compliance with data protection regulation (www.ico.org.uk).
We ask that you please attempt to resolve any issues with us before the ICO.
HOW TO CONTACT US
Please contact Gavin Anderson, our Data Protection Officerif you have any questions about this privacy notice or the information we hold about you.
If you wish to contact Gavin Anderson, Data Protection Officer , please write to us at, Anderson Sinclair & Co LLP, The Leatherhead Institute, 67 High Street, Leatherhead, Surrey. KT22 8AH
GLOSSARY OF TERMS
We, us or our
Anderson Sinclair & Co LLP a Limited Liability Partnership incorporated under the Limited Liability Partnerships Act 2000 registered in England and Wales number OC308793 and having its registered office at, The Leatherhead Institute, 67 High Street, Leatherhead, Surrey. KT22 8AH
These aredetails that can be used to contact a person, including title, first name, surname, personal telephone number, fax, email address, home address, country, postcode or city of residence. This may also include work contact information such as work telephone number, fax, work email and work address
Means a natural or legal person (such as a company) which determines the means and purposes of processing of personal data. For example, we are your data controller as we determine how we will collect personal data from you, the scope of data which will be collected, and the purposes for which it will be used in the course of us providing you with intermediary services
Data protection regulation
Applicable data privacy and protection laws
This is information about your work, if you are employed, self-employed, unemployed, a student or on job seeker allowance
The Financial Conduct Authority, being the independent watchdog that regulates financial services
This is information relating to your financial status, including salary/income, outgoings/expenditure, tax rate and P60
This is information relating to your medical history, including symptoms, diagnoses, procedures and outcomes, as well as information about your height and weight. This could include previous and current or persistent medical conditions and family medical history
This is any information that can be used to distinguish a person or verify their identity, such as name, date of birth, place of birth, gender, marital status, national identity card/number, passport, drivers licence and national insurance number
These are the services we provide to you.
A mortgage lender
This includes both work and leisure behaviour patterns. Most relevant to your products may be your smoker status, alcohol consumption, health, retirement age and exercise habits
This is an any investment, pension, mortgage, and/or protection product in respect of which we provide intermediary services to you
A company which provides investment, pension, protection and/or general insurance products (for a list of product providers which we work with, please contact us – see How to contact us above)
Sanction check information
This is information relating to your politically exposed persons (PEPs) status and Her Majesty’s Treasury financial sanctions status, which is recorded to prevent fraud and money laundering
A vulnerable consumer is someone who, due to their personal circumstances, is especially susceptible to detriment, particularly when an advisory firm is not acting with appropriate levels of care. These customers are more likely to suffer severe detriment if something goes wrong. Details of vulnerability fall in to the following categories: health; resilience (financial); life events; and capability (financial knowledge/ confidence)