Obsidian Fund Services Limited Privacy Notice
Obsidian Fund Services Limited (“Obsidian”) is a company incorporated in Guernsey with limited liability (registered no. 68574, registered office: PO Box 343 Rosewood, The Grange, St Peter Port, Guernsey, GY1 5SS) and is licensed by the Guernsey Financial Services Commission in respect of investment business pursuant to the Protection of Investors (Bailiwick of Guernsey) Law, 1987 (as amended). For further details of Obsidian please see our website, www.obsidian.co.uk
1. Who is responsible for your personal data?
Obsidian is the controller of and responsible for your personal data.
2. What personal data do we collect?
We may collect the following personal data from you:
This personal information may, from time to time, include personal data about your membership of a profession or trade association and details of any criminal record you may have.
In certain cases, we may also collect what is known as “Special Categories” of information. Our money laundering, sanctions, financial crime, and fraud prevention checks sometimes result in us obtaining information about actual or alleged criminal convictions and offences, as well as in respect of Politically Exposed Persons.
You are not obliged to provide us with your information where it is requested but we may be unable to provide certain products and services or proceed with our business relationship with you if you do not do so. Where this is the case, we will make you aware.
3. How is your personal data collected?
We primarily collect your Personal Data from the following sources:
1. from information which you or your authorised representative gives to us, including but not limited to:
2. Personal Data we receive from you or any third party sources which may include:
We may also collect and process your Personal Data in the course of dealing with advisors, regulators, official authorities, and service providers by whom you are employed or engaged or for whom you act.
4. How and for which purposes will we use your personal data?
We will only use your personal data when the law allows us to do so. Most commonly, we will use your personal data in the following circumstances:
In addition, the processing may be based on your consent where you have expressly given that to us.
We may use your personal data for the following purposes only (being permitted purposes):
Where required, we will only send you marketing communications where you have opted-in and will provide you with the opportunity to opt-out at any time if you no longer wish to receive marketing communications from us.
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.
We will not use your personal data for taking any automated decision affecting you or creating profiles other than described above.
We may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
Please let us know if any of your Personal Data (including correspondence details) changes as soon as possible. Failure to provide accurate information or to update changed information may have a detrimental impact upon services. Failure to provide information where the same is required for anti-money laundering, pursuant to automatic exchange of information agreements, or other legal requirements means we may not, or may no longer, be able to accept you as a client.
5. With whom will we share your personal data?
We may share your personal data with the following parties and in the following circumstances:
We will otherwise only disclose your personal data when you direct us or give us permission to do so, when we are required by applicable law or regulation to do so, or as required to investigate actual or suspected criminal of fraudulent activities.
We will not share your personal data with any company Obsidian marketing purposes unless we first obtain your express opt-in consent.
6. International transfers of personal data
Like many international organisations, we may transfer your information to locations outside the European Economic Area (which for the purposes of this Privacy Notice includes the Bailiwicks of Guernsey and Jersey, the “EEA”).
Where we transfer your information outside of the EEA, however, we will ensure that the transfer is subject to appropriate safeguards in accordance with data protection laws. Often, these safeguards include contractual protections.
7. Keeping personal data secure
We will take appropriate technical and organisational measures to keep your personal data confidential and secure in accordance with our internal procedures covering the storage, disclosure of and access to personal data. Personal data may be kept on our IT systems, those of our contractors and service providers or in paper files.
8. For how long will we retain personal data?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory accounting, or reporting requirements, or until you withdraw your consent (where applicable), and provided that in each case we are not legally required or otherwise permitted to continue storing such data.
9. Your rights
Under certain circumstances and subject to certain legal conditions, you have the right:
You may also make a complaint if you have a concern about our handling of your personal data.
If you wish to exercise any of the rights set out above or make a complaint, please send an email to firstname.lastname@example.org. We may request specific information from you to confirm your identity, in order for us to comply with our security obligations and to prevent unauthorised disclosure of data. You will not usually have to pay a fee to access your personal data, but we reserve the right to charge you a reasonable administrative fee for (or we may refuse to comply with) any manifestly unfounded or excessive requests or any additional copies of the personal data you request from us.
We will respond to all legitimate requests in a timely manner. If you are not satisfied with our response, may take your complaint to the Guernsey Office of the Data Protection Authority, the Guernsey supervisory authority for data protection issues (https://odpa.gg) and/or a supervisory authority in the EU member state of your usual residence or place of work or of the place of the alleged breach.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data (including your email address) changes during your relationship with us or if you wish to cancel any request you have made of us, by sending an email to email@example.com or your usual business contact. We will not be responsible for any losses arising from any inaccurate, inauthentic, deficient or incomplete personal data that you provide to us.