The HIGHVERN group of companies is comprised of various entities across multiple jurisdictions (collectively, the “HIGHVERN Group” or “HIGHVERN”).

For a full list of HIGHVERN entities see our legal and regulatory page here:

Legal Notice | HIGHVERN

HIGHVERN is committed to the principles of respecting the safety, accuracy, and integrity of all personal data that it holds and only using it for the purposes for which it has lawfully been collected.  HIGHVERN is also committed to the principle of transparency – i.e. ensuring that to the extent permitted by law all individuals in respect of whom HIGHVERN holds personal data are aware of how that data is being used and of their rights in relation to that data.

INTRODUCTION

HIGHVERN is committed to ensuring your privacy and personal information is protected and remains private. This Privacy Notice will explain how we collect, hold, use and disclose personal information about you in connection with fund administration and trust or company services provided by HIGHVERN. From time to time we may need to make changes to this Privacy Notice. This could be because of government regulation or new technologies or other developments in data protection laws.

DATA PROTECTION PRINCIPLES

All processing of personal information is conducted in accordance with the data protection principles set out in the EU’s General Data Protection Regulation (GDPR) and/or other relevant data protection legislation depending on your location. Our policies and procedures are designed to ensure compliance with the following principles:

  • Personal information you provide is processed fairly, lawfully and in a transparent manner;
  • Personal information you provide is collected for a specific purpose and is not processed in a way which is incompatible with the purpose which we collected it;
  • Your personal information is adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed;
  • Your personal information is kept accurate and, where necessary kept up to date with every effort to erase or rectify without delay;
  • Your personal information is kept no longer than is necessary for the purposes for which the personal information is processed;
  • We take appropriate steps to keep your personal information secure and
  • Your personal information is processed in accordance with your rights.

WHAT PERSONAL DATA DO WE PROCESS?

The types of personal information that we collect will vary depending on a number of factors including the nature of your relationship with us and the services we are requested to perform. This may include:

  • Name and contact information – email, postal address and telephone number;
  • KYC Information and other information necessary to ensure legal and/or regulatory obligations in connection with the services we provide are complied with. Information may include: date of birth, country of residence, nationality, government identification, documents e.g., passport copy, driver’s license;
  • Financial information e.g., source of funds and source of wealth, bank account details;
  • Public domain information including matters revealed by client screening processes;
  • Information about the services we provide to you, including any preferences you have expressed in relation to these services;
  • Information required to facilitate investments you make or redeem from funds we administer or actions we make on your behalf based on instructions from corporate clients;
  • CCTV or similar security information should you visit our premises (closed circuit cameras are installed at some of our offices for the purposes of security);
  • Any other information about you which we may obtain as part of our day-to-day business operations, including but not limited to events hosted by HIGHVERN;
  • Information obtained through our use of our cookies, and
  • In certain limited circumstances we may request or receive special category data about you, including but not limited to details about your health if the context requires it and with your express consent. For example, if you require documents in larger font this could indicate your health status and if you attend one of our events we may request details of your dietary preferences which could indicate your health status or religious beliefs.

HOW DO WE COLLECT YOUR PERSONAL INFORMATION?

We mainly collect information from you directly via telephone, electronic communications and to a lesser extent written correspondence (post). However, this may also be collected indirectly from third parties as a result of the nature of the services we provide. Such information is requested during the following processes conducted by HIGHVERN:

  • Client introductions, and on-boarding including due diligence;
  • Client specific activities and transactions;
  • Transfer agency processes and
  • For legal matters, e.g., to execute and perform contractual agreements.

Depending on the nature of our relationship with you, we may also collect your personal information from a number of different sources including publicly available information. For example:

  • Through companies which validate identity for financial crime purposes;
  • From third party registers maintained by regulators;
  • Through business interactions between your company and HIGHVERN;
  • Other electronic verification checks or screening systems to ensure all regulatory obligations are met, and
  • Other third parties including fund service providers, lawyers, tax advisers, investment managers and other professional advisors retained by the relevant client.

HOW AND WHY DO WE USE YOUR PERSONAL INFORMATION?

This is dependent on our relationship with you and includes (but is not limited to)

  • If you are a prospective client or existing client, we use your personal information to onboard you as a client and to provide services;
  • If you are a financial services firm, we use your personal information to provide you with information about our services and events or in order to service a common client; If you are an employee of a firm that we have a business relationship with, we use your personal information as part of our normal course of business;
  • If you are a candidate for a job, we use your personal information as part of our recruitment process;
  • To prevent fraud and comply with our regulatory obligations and
  • If you are viewing our website, we use your personal information contained in cookies.

MARKETING

We may from time to time use your personal information to promote to you the services we offer and other related services offered by the Highvern Group. However, we will only do so if you are:

  • Someone who has done business with us or the HIGHVERN Group as a private client, a client business contact or by being involved in transactions which also involved us or another entity in the HIGHVERN Group.
  • You have expressed an interest in the services we offer or are offered by the HIGHVERN Group e.g. at business meetings, events etc.
  • You have explicitly consented to receiving marketing materials from us.

You may unsubscribe from receiving marketing communications from us at any time by emailing unsubscribe@highvern.com.

WHAT IS THE LEGAL BASIS FOR PROCESSING PERSONAL DATA?

We may process your personal information for a number of different purposes. However, we need a reason to use and process your personal information which is called a legal basis – further details are given below. Reasons for collecting personal information includes:

  • Performance of a contract where processing is necessary for the performance of a contract to which you are party.
  • Marketing Materials and events – to promote the HIGHVERN Group.
  • Legitimate Business Interest- to manage, maintain and develop our relationship with clients and day to day operations – to facilitate the management and administration of all aspects of our business.
  • To ensure all legal obligations are met including requests from regulators.

WHO DO WE SHARE YOUR PERSONAL INFORMATION WITH?

We will only disclose your personal information in accordance with applicable laws and regulations. This may include (but is not limited to):

  • Our corporate clients e.g., if you are a client business contact then this could be your employer;
  • Any person with legal or regulatory power over us that may require disclosure on legal grounds. Please note that where we share your personal information with the authorities, we may, depending on the circumstances be forbidden from advising you of the fact that your personal information was disclosed or requested by the authorities;
  • Service providers engaged by us to help us run our business. Such service providers may include, for example, cloud or archive storage providers (engaged by us to provide electronic or physical storage facilities for our business data and your information), or providers of software or other IT resources, tax advisers etc;
  • Any member of the HIGHVERN Group which means our affiliates, our ultimate holding company and its subsidiaries (from time to time) including those who are engaged by us to perform support services and
  • Providers of background checks and risk screening services.

HOW LONG DO WE KEEP RECORDS FOR?

We will only keep your personal information for as long as reasonably necessary to fulfil the relevant purposes set out in this Privacy Policy and in order to comply with our legal and regulatory obligations.

INTERNATIONAL DATA TRANSFER

In the course of providing services to clients we may transfer personal data to third parties located in other countries, including countries outside the European Economic Area (EEA), or countries which do not have data protection legislation deemed equivalent to the GDPR. By way of example, this may happen if any of our servers are from time to time located in a country outside of the EU or if a service provider operates in another jurisdiction. If you use our services while you are outside the EEA, your information may be transferred outside the EEA in order to provide you with those services. We will only transfer your personal information to another country or an international organisation outside the EEA where we have taken the required steps to ensure that your personal information is protected.

CHILDREN’S DATA

We do not knowingly collect data relating to children (under 16 years of age), except with parental consent (or if the child is the beneficiary of a Trust our Trust Companies may need to process their data without their consent or knowledge). Taking into account the above exceptions, if we learn that we have collected the personal information of a child under 16 without parental consent, we will take steps to delete the information as soon as possible.

YOUR RIGHTS

Under GDPR and equivalent data protection legislation in other jurisdictions, you have the following rights in relation to our use of your personal information including:

  • Right to access your personal information: You are entitled to a copy of the personal information we hold about you and certain details of how we use it (subject to certain exemptions). This can be done by contacting HIGHVERN using the contact details below.
  • Right to rectification: We take reasonable steps to ensure that the personal information we hold about you is accurate and complete. However, if you do not believe this is the case, please contact us and request an update or amendment.
  • Right to restriction of processing: In certain circumstances, you are entitled to ask us to stop using your personal information. We will implement and maintain appropriate procedures to assess whether a request to restrict the processing of y our data can be implemented.
  • Right to data portability: In certain circumstances, you have the right to ask that we transfer any personal information that you have provided to us to another third party of your choice. Once transferred, the other party will be responsible for looking after your personal information.
  • Right to object to direct marketing: You can ask us to stop sending you marketing messages at any time.
  • Right not to be subject to automated decision making. We make certain decisions using automated systems, such as checking identity for financial crime purposes. You have the right to request that this decision is checked by a human.
  • The right to withdraw consent: For certain limited uses of your personal information, we will ask for your consent. Where we do this, you have the right to withdraw your consent to further use of your personal information.
  • You can make any of the requests set out above using the contact details in this policy. Please note that in some cases we may not be able to comply with your request for reasons such as our own obligations to comply with other legal or regulatory requirements. However, we will always respond to any request you make and if we can’t comply with your request, we will tell you why.
  • You have a right to complain to the relevant Data Protection Regulator at any time if you object to the way in which we use your personal information, although we would be grateful if you would contact the Group Data Protection Officer in the first instance by emailing dpo@highvern.com who will do their best to resolve. The contact details for the respective regulators are below.

JERSEY
www.jerseyoic.org

GUERNSEY
www.odpa.gg

CAYMAN
www.ombudsman.ky/data-protection

UNITED KINGDOM
www.ico.org.uk

IRELAND
www.dataprotection.ie

CONTACT DETAILS

If you wish to exercise any of your rights or have a question or concern, please reach out to your HIGHVERN contact in the first instance and/ or the HIGHVERN Group Data Protection Lead dpo@highvern.com

If you are located in the EU, our EU data protection representative is in Ireland and can be contacted at: EUDataProtectionRepresentative@highvern.com

If you are located in Cayman, our Cayman data protection representative can be contacted at: CaymanDataProtectionRepresentative@highvern.com

If you are located in the UK, our UK data protection representative can be contacted at: UKDataProtectionRepresentative@highvern.com