We are committed to protecting and respecting your privacy. This notice sets out the basis on which any personal data we collect from you, or that you provide to us, is processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we treat it.
Who are we?
Arbuthnot Direct is a trading name of Arbuthnot Latham & Co., Limited (Arbuthnot Latham, with UK Information Commissioner’s Office (ICO) registration number Z6024586) and is the data controller of any personal data it holds about you and the deposits you have with us.
You can find more information about us at http://www.arbuthnotdirect.co.uk/
Our Data Protection Office
If you have any questions, or would like more details about how we use your personal information, you can contact the Data Protection Office using the details below:
|Post||Arbuthnot House, 7 Wilson Street, London EC2M 2SN|
|Telephone||0330 058 5510|
What information do we collect?
In order for us to provide you with the products and services you have requested from us, we need to collect and process personal data about you.
The types of personal data that are processed may include:
|Type of personal data||Description|
|Financial||Source of funds.|
|Contact||Where you live and your contact details.|
|Socio-Demographic||This includes your nationality, country of birth, country of residence.|
|Transactional||Details about payments to and from your accounts with us.|
|Contractual||Details about the products and services we offer and provide to you.|
|Locational||Data we get about your location may come from your mobile phone or the address where you connect a computer to the internet.|
|Technical||Details on the devices and technology you use.|
|Communications||What we learn about you from letters, emails and conversations between us including on our recorded telephone lines.|
|Open Data and Public Records||Details about you that are in public records, such as the Electoral Register, and information about you that is openly available on the internet.|
|Usage Data||Other data about how you use our products and services.|
|Documentary Data||Details about you that are stored in documents in different formats, or copies of them. This could include documents such as your passport, driving licence or birth certificate.|
|Special Categories of Data||The law and other regulations treat some types of personal information as particularly sensitive and warrants a greater level of protection. We will only collect and use these types of data if the law allows us to do so:
|Consents||Any permissions, consents or preferences that you give us.|
|National Insurance Number||Your National Insurance Number.|
Where might we collect your personal data from?
We might collect your personal data from various sources including:
|Data you give to us||
|Data we collect when you use our services||
|Data from third parties we work with||
Why we collect personal data about you
Data protection law allows us to use your personal data provided we have acceptable reasons for doing so. This might include sharing your personal data outside Arbuthnot Direct. The law categorises these acceptable reasons as follows:
- to fulfil our contractual obligations to you, or because you have asked us to do something before entering into a contract (contract); or
- when it is our legal duty (legal obligation); or
- when it is in our legitimate interests (legitimate interests); or
- when you consent to it (consent); or
- when it is in the public interest.
A legitimate interest is when we have a business or commercial reason to use your information. However, our legitimate interest must not unfairly go against what is right and best for you. If we rely on our legitimate interest, we will tell you what that is.
The law and other regulations treat some types of sensitive personal information as special. This includes information about racial or ethnic origin, sexual orientation, religious beliefs, trade union membership, health data, and criminal records. We will not collect or use these types of data without your consent unless the law allows us to do so. If we do, it will only be when it is necessary:
- for reasons of substantial public interest; or
- to establish, exercise or defend legal claims.
We use your personal data both before you become a customer of Arbuthnot Direct and when you become a customer of Arbuthnot Direct.
The tables in schedule 1 at the end of this document, explain how we may use your personal information for our relevant services, and the reasons we rely on for doing so. We also explain what our legitimate interests are.
Who we share your personal data with
We share your personal data within Arbuthnot Direct and with group companies where appropriate and we may share your personal data with organisations outside Arbuthnot Direct. This is so that we can provide you with products and services, run our business, and obey rules that apply to us. We have outlined a list of all the types of organisation that we may share your personal information with below:
- Central and local government.
- HM Revenue & Customs (HMRC) or any other relevant tax authority in the UK or overseas with whom information is required to be shared in accordance with the provisions of law, legislation or regulation of the UK or other applicable jurisdiction.
- Regulators (including the Financial Conduct Authority and Prudential Regulation Authority) and other authorities (including the Financial Ombudsman Service and Pensions Ombudsman).
- UK Financial Services Compensation Scheme.
- Credit reference agencies.
- Fraud prevention agencies.
- Companies we have a joint venture or agreement to co-operate with.
- Market researchers.
- Companies you ask us to share your data with.
We may also share your personal data if the corporate structure of Arbuthnot Direct changes in the future:
- We may choose to sell, transfer, or merge parts of our business, or our assets, and we may seek to acquire other businesses or merge with them. During any such process, we may share your data with other parties. We will only do this if they agree to keep your data safe and private.
- If a change to Arbuthnot Direct happens, then other parties may use your data in the same way as set out in this notice.
We may share or sell some data to other companies outside Arbuthnot Latham, but only when it is grouped so that no-one’s identity can be known or found out.
We combine data in this way so we can look for general patterns and trends. When we combine data this way, we use all of the information – including historical data – that we hold about you and our other clients.
We do this to learn about the types of clients we have, how they use our products, and how our products perform for them. The law says this is not considered to be personal information after it has been grouped in this way.
How we use your information to make automated decisions
As part of our account opening process, we use a third party credit reference agency to perform comprehensive identity verification and bank checks.
The credit reference agency uses the information you have provided to us, as well as information from other sources (such as fraud prevention agencies and the electoral register), to make a pass or fail decision about your application for a Fixed Term Deposit Account.
Sometimes we will make an automated decision. These help to ensure that our decisions are quick, fair and efficient based on the personal data we have about you. The types of automated decisions we make are:
- to check whether you meet the conditions required to open the account you have applied for;
- to check your identity or
- to verify your bank account or
- to decide whether we will offer additional products and services, or the opportunity to vary existing products or services and the terms of any such products, services or variation.
Your rights over automated decisions
- You can ask that we do not make our decision based on the automated score alone.
- You can object to an automated decision, and ask that a person reviews it.
If you would like to know more about these rights, please contact our Data Protection Office.
How we use Credit Reference Agencies
We carry out credit and identity checks when you apply for products or services for you. We may use Credit Reference Agencies (CRAs) to help us with this.
If you use our services, from time to time we may also search information that the CRAs have, to help us manage those accounts.
We may share your personal data with CRAs and they give us information about you. The data we exchange can include:
- Name, address and date of birth.
- Credit application.
- Details of any shared credit.
- Financial situation and history.
- Public information, from sources such as the electoral register and Companies House.
- National Insurance number.
- Current, previous and forwarding addresses.
- Credit Industry Fraud Avoidance System (CIFAS) records.
- Electoral Register.
- Deceased register.
- Bankruptcy Insolvency records.
- County Court judgements against you.
- UK Investor records.
- SHARE records.
- HM Treasury Sanction records.
- Politically Exposed People database.
- Length of residency.
- Bank account checks.
We use this data to:
- Make sure what you have told us is true and correct.
- Help detect and prevent financial crime.
- Meet our obligations under anti-money laundering rules and guidance.
- Manage accounts with us.
- Make sure that we tell you about relevant offers.
We may continue sharing your personal information with CRAs for as long as we have a relationship with you. The CRAs may give this information to other organisations that want to check your credit status. We may also tell the CRAs when you settle your accounts with us.
When we ask CRAs about you, they will note it on your credit file. This is called a credit search.
You can find out more about the CRAs on their websites, in the Credit Reference Agency Information Notice (CRAIN). This includes details about:
- Who they are.
- Their role as fraud prevention agencies.
- The data they hold and how they use it.
- How they share personal information.
- How long they can keep data.
- Your data protection rights.
Here is the link to the information notice for the Credit Reference Agency that Arbuthnot Direct uses:
TransUnion International UK Limited (https://www.transunion.co.uk/crain)
How we use Fraud Prevention Agencies
We may need to confirm your identity before we provide products or services to you. Once you have become our client, we share your personal information as needed to help detect money-laundering and fraud risks. We use Fraud Prevention Agencies (FPAs) to help us with this.
Both we and FPAs can only use your personal information if we have a good reason to do so. It must be needed either for us to obey the law, or for a ‘legitimate interest’.
We use the information to:
- Confirm identities.
- Help prevent money-laundering and fraud.
- Fulfil any contracts you have with us.
We or an FPA may allow law enforcement agencies to access your personal information. This is to support their duty to detect, investigate, prevent and prosecute crime.
FPAs can keep personal data for different lengths of time. They can keep your data for up to six years if they find a risk of money-laundering or fraud.
Below are examples of the personal data that is used:
- Date of birth.
- Residential address.
- History of where you have lived.
- Contact details, such as email addresses and phone numbers.
- Country of birth.
- Tax residency.
- Financial data.
- Data relating to your products or services.
- Data that identifies computers or other devices you use to connect to the internet. This includes your Internet Protocol (IP) address.
We and FPAs may process your personal information in systems that look for fraud by studying patterns in the data. We may find that an account is being used in ways that fraudsters work. Or we may notice that an account is being used in a way that is unusual for you. Either of these could indicate a possible risk of fraud or money-laundering.
If we or an FPA decide there is a risk of fraud, we may stop activity on the accounts or block access to them. FPAs will also keep a record of the risk that you may pose.
This may result in other organisations refusing to provide you with products or services, or to employ you.
FPAs may send personal information to countries outside the European Economic Area (‘EEA’). When they do, there will be a contract in place to make sure the recipient protects the data to the same standard as the EEA. This may include following international frameworks for making data sharing secure.
Sending data outside of the EEA
We will only send your data outside the European Economic Area (‘EEA’) to:
- Follow your instructions.
- Comply with a legal duty.
- Work with our agents, advisers and third party service providers who we use to help run your accounts and services.
If we do transfer information to our agents or advisers outside the EEA, we will make sure it is protected in the same way as if it was being used within the EEA. We will use one of these safeguards:
- Transfer it to a non-EEA country with privacy laws that give the same protection as the EEA.
- Put in place a contract with the recipient that means they must protect it to the same standards as the EEA. Read more about this on the European Commission Justice website.
You can find out more about data protection on the European Commission Justice website (https://ec.europa.eu/info/law/law-topic/data-protection_en).
If you choose not to give personal information
We may need to collect personal information by law, or under the terms of a contract we have with you.
If you choose not to give us this personal information, it may delay or prevent us from meeting our obligations. It may also mean that we cannot perform services needed to operate your accounts or policies. It could mean that we cancel a product or service you have with us.
We may use your personal information to tell you about relevant products, services and offers. This is what we mean when we talk about ‘marketing’.
The personal information we have for you is made up of what you tell us and data we collect when you use our services, or from third parties we work with.
We study this to form a view on what we think you may want, need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you. This is called profiling for marketing purposes. You can contact us at any time and ask us to stop using your personal information this way.
If you allow it, we may show or send you marketing material online (on our own and other websites including social media), in our own or other apps, or by email, mobile phone, or post or through smart devices and other digital channels.
What you will get will depend on the marketing preferences that you set. You can change these at any time and you can ask us to stop sending you marketing messages by contacting your relationship manager or our Data Protection Office.
Whatever you choose, you will still receive statements, and other important information in relation to your accounts with us, including changes to your existing products and services.
We may ask you to confirm or update your choices, if you take out any new products or services with us in future. We will also ask you to do this if there are changes in the law, regulation, or the structure of our business.
If you change your mind, you can update your choices at any time by contacting your relationship manager or our Data Protection Office.
How long we keep your personal data
We will keep your personal information for as long as you are a client of Arbuthnot Direct. After you stop being a client, we may keep your data for a period afterwards:
- To maintain records to comply with our legal and regulatory obligations.
- To respond to any questions or complaints.
- To show that we treated you fairly.
- If we cannot delete it for legal, regulatory or technical reasons.
We may also keep it for research or statistical purposes. If we do, we will make sure that your privacy is protected and only use it for those purposes.
How to get a copy of your personal data
Please contact our Data Protection Office if you would like to obtain a copy of the personal data we hold.
You have the right to obtain your personal data from us in a format that can be easily reused. You can also ask us to pass on your personal information in this format to other organisations. Please contact our Data Protection Office if you would like to do this.
Letting us know if your personal data is incorrect
You have the right to question any personal data we have about you that you think is wrong or incomplete. Please contact our Data Protection Office if you would like to do this and we will take reasonable steps to check its accuracy and where necessary, correct it.
What if you want us to stop using your personal data?
You have the right to object to our use of your personal data, or to ask us to delete, remove, or stop using your personal information if there is no need for us to keep it. This is known as the ‘right to object’ and ‘right to erasure’, also known as the ‘right to be forgotten’.
There may be legal or other official reasons why we need to keep or use your data. But please tell us if you think that we should not be using it.
We may sometimes be able to restrict the use of your data. This means that it can only be used for certain things, such as legal claims or to exercise legal rights. In this situation, we would not use or share your information in other ways while it is restricted.
You can ask us to restrict the use of your personal data if:
- It is not accurate.
- It has been used unlawfully but you do not 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.
If you want to object to how we use your data, or ask us to delete it or restrict how we use it or, please contact our Data Protection Office.
How to withdraw your consent
Where you have given consent for your data to be used, you can withdraw your consent at any time. Please contact our Data Protection Office if you wish to do so.
This will only affect the way we use information when our reason for doing so is that we have your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. If this happens, we will tell you.
Making a complaint
If you are unhappy with the way your personal data has been processed you can make a complaint to our Data Protection Office using the details below:
- Post: Arbuthnot House, 7 Wilson Street, London EC2M 2SN
- Telephone: 0330 058 5510
- Email: DataProtectionOffice@arbuthnot.co.uk
The Information Commissioner’s Office (ICO)
You can also refer your concerns directly to the Information Commissioner’s Office, the body that regulates the handling of personal data in the UK. Find out on their website how to report a concern: https://ico.org.uk/make-a-complaint/
The contact details for the Information Commissioner’s Office are:
- Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, SK9 5AF
- Telephone: 0303 123 1113
- Website: www.ico.org.uk
We will co-operate fully with the Information Commissioner’s Office in the handling of complaints against us.
Schedule 1: How we may use your personal data
The tables below explain how we may use your personal information for each of the activities noted in the ‘Why we collect personal data about you’ section of this notice, and the reasons we rely on for doing so. We also explain what our legitimate interests are.
Before becoming a client of Arbuthnot Direct
|What we use your personal information for:||Our reasons:||Our legitimate interests:|
Becoming a customer of Arbuthnot Direct
|What we use your personal information for:||Our reasons:||Our legitimate interests:|
Fixed Term Deposits with Arbuthnot Direct
|What we use your personal information for:||Our reasons:||Our legitimate interests:|