Privacy Notice

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:

• 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.
• 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:

• 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).
• 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
• 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.
• 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:

• 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.
• 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

• To be informed about the processing of your information. This is what this statement sets out to do.
• 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.
• 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.
• 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.
• 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
• 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.