Our Privacy Notice
We respect individuals’ rights to privacy and to the protection of personal
information.
You can visit our websites without telling us who you are or revealing any information about
yourself.
However, if you do give us any personal information about yourself or others, we promise to
treat it securely, fairly and lawfully. We are committed to protecting your privacy.
Objective
This Privacy Notice explains how your Personal Data is processed by The
Winterbotham Trust Company Limited (hereinafter “Winterbotham”), when collected through our
websites (e.g. when you are using our websites as registered user), or during the interactions
you may have with us. In this regard, Winterbotham will process all your Personal Data in
compliance with the Bahamas Data Protection (Privacy of Personal Information) Act, 2003 , with
the most restrictive framework of EU General Data Protection Regulation (GDPR) (Regulation (EU)
2016/679) and other applicable data protection legislation (hereinafter “Data Protection Laws”).
Scope
This Privacy Notice applies to all of the products, services and websites
offered by Winterbotham or its subsidiaries.
Change to this Notice
We may update this Privacy Notice to reflect changes to our privacy practices, from time to time
and any changes will be notified to you by posting an updated version on our sites and/or by
contacting you by email. Any changes will take effect immediately on the date on which we post
the modified terms on our site or the date of our email, whichever is the earlier. We recommend
you regularly check for changes and review this notice when you visit our site.
Information we collect about you
When you use our sites, the categories of information that we may collect about you are as
follows:
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Personal information you give to us: This is information about you that you give to us by
entering information on our sites or contacting us directly, including by submitting details
via the “Contact Us” section on the sites, and from any other contact forms on the sites or
by corresponding with us by phone, email or otherwise. The information you give to us on the
sites may include your name, contact details (such as phone numbers, email address and
address), and any information you provide to us in “Comments” fields on the sites.
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Personal information we collect about you: We may automatically collect the following
information: details of your browser and operating system, the website from which you visit
our site, the pages that you visit on our site, the date of your visit, and, for security
reasons such as to identify attacks on our site, the Internet protocol (IP) address assigned
to you by your internet service. We collect some of this information using cookies – please
see our Cookies Notice for further information.
For the purpose of providing the services in relation to your account, Winterbotham keeps record
of (i) your details, (ii), the authorized signatories, if appropriate and (iii) any other
information provided in relation to you and any other party or parties related to the Account or
Facility.
Use of your information
The purposes for which we use your information and the legal basis under data
protection laws on which we rely to do this are as follows:
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It is necessary for the performance of the contract with you or to take steps to enter into
it. This applies when we need to verify your identity. If you have an agreement with us,
then we will also use your information for administering the agreement between us and to
provide you with the service under that agreement (i.e. managing your account, communicating
with you, providing updates on the status of your account, dealing with any complaints and
notifying you of any changes to this statement).
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It is necessary for our legitimate interests or that of a third party. This includes:
- To identify you when you contact us and to correspond and communicate with you
- To verify the accuracy of data that we hold about you and create a better
understanding of you as a customer or visitor
- To administer our sites, for website analysis and for internal operations, including
troubleshooting, testing, statistical purposes
- For network and information security in order for us to take steps to protect your
information against loss or damage, theft or unauthorised access
- For the prevention of fraud and other criminal activities
- To enforce or protect our contractual or other legal rights or to bring or defend
legal proceedings
- For general administration including managing your queries, complaints, or claims,
and to send service messages to you
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It is necessary for compliance with a legal obligation. This includes when you exercise your
legal rights under data protection law, to verify your identity, for the establishment and
defence of our legal rights, for activities relating to the prevention, detection and
investigation of crime, to conduct credit, fraud prevention and anti-money laundering checks
and for compliance with our legal and regulatory responsibilities.
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You in your capacity as account holder and otherwise agree that Winterbotham is entitled,
but not obliged, to process your Personal Data and to disclose and to transfer the data to
(i) other offices or affiliates of Winterbotham, (ii) any banking or other institutions with
which Winterbotham conducts business in connection with you, or to (iii) accountants,
auditors, legal and other advisors, directors or agents who render any service in connection
with the services to be provided by Winterbotham in relation to you. This permission shall
remain in effect notwithstanding your death, unless and until revoked in writing as
described in the section “Your rights”.
Disclosure to and use by third parties
We disclose your information to the following third parties:
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Any Court, regulatory authority or governmental department which has jurisdiction over
Winterbotham and the assets held in your Account or Facility and you also permit
Winterbotham to make such disclosure whenever it is compelled to do so by any applicable
law. You understand that such applicable laws may include an obligation on Winterbotham
under the Common Reporting Standard established by the Organisation for Economic Co-
operation and Development as signed by each jurisdiction to collect information and
documentation from account holders about their tax residence status and to report this and
financial information to the local tax authority. In turn, the local competent authority
will exchange information on tax residents with other participating countries.
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To the extent the Entity has one or more substantial U.S. owners as those terms are defined
under the “Foreign Account Tax Compliance Act” (“FATCA”), you acknowledge that Winterbotham
may be required to disclose the Data, and any other required information, to the U.S.
Internal Revenue Service or the designated government institution in The Bahamas, as the
case may be, pursuant to the reporting rules and regulations of FATCA and/or any government
agreement entered into between the United States and the Commonwealth of the Bahamas.
Retention of your information
We retain and use Personal Data as necessary to comply with our legal obligations, resolve
disputes, and enforce our agreements.
Your rights
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To be informed about the processing of your information. This is what this statement sets
out to do.
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Accessing your personal information. You have the right to ask for a copy of the information
that we hold about you by emailing or writing to us at the address at the footer of this website. We may not provide you with a copy of your personal information if this concerns
other individuals or we have another lawful reason to withhold that information.
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Correcting and updating your personal information. If you change your name or address/email
address, or you discover that any of the other information we hold is inaccurate or out of
date, please let us know by contacting us on any of the details described at the end of this
policy.
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Erasing your personal information or restricting its processing. In certain circumstances,
you may ask for your personal information to be removed from our systems by emailing or
writing to us at the address at the end of this policy. Provided we do not have any
continuing lawful reason to continue processing or holding your personal information, we
will make reasonable efforts to comply with your request. You may also ask us to restrict
processing your personal information where you believe it is unlawful for us to do so, you
have objected to its use and our investigation is pending or you require us to keep it in
connection with legal proceedings.
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Right to restriction of processing. You can ask us to restrict the use of your personal
information if:
- It is not accurate
- It has been used unlawfully but you don’t want us to delete it
- It is not relevant any more, but you want us to keep it for use in legal claims
- You have already asked us to stop using your data but you are waiting for us to tell
you if we are allowed to keep on using it
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Transferring your personal information in a structured data file. Where we rely on your
consent as the legal basis for processing your personal information or need to process it in
connection with a contract with have with you, you may ask us to provide you with a copy of
that information in a structured data file. We will provide this to you electronically in a
structured, commonly used and machine readable form, such as a CSV file.