This Privacy Notice (“Notice”) explains how the entities within the Earl Group (defined below) collect, use, disclose and retain your personal data (including personal data that you provide to us about other persons) (together, “Personal Data”). It also explains your privacy rights and how you can exercise them.
In this Notice, the “Earl Group”, “we”, “us” and “our” includes Earl Group Holdings Limited, Earl Fiduciary AG, Earl Capital AG, Earl Trust (Cyprus) Limited,
Earl Management (Netherlands) B.V. and all subsidiaries of these entities, including companies acting as nominee companies and/or corporate directors.
The entity within the Earl Group with whom you conduct business is the data controller of your Personal Data for the purposes of the EU General Data Protection Regulation 2016/679 (“GDPR”), the Swiss Federal Act on Data Protection (“FADP”) and any locally applicable data protection laws and regulations.
If you have any questions regarding our processing of your Personal Data or would like to exercise your privacy rights, please contact us.
Why does the Earl Group hold Personal Data?
We hold Personal Data in order to meet our contractual obligations and provide our services as a trust and corporate service provider, for legal, anti-money laundering and regulatory purposes and to administer and manage our business and its associated relationships.
Whose Personal Data do we hold?
We hold the Personal Data of natural persons as follows:
- Clients, directly or indirectly, of the Earl Group. Such persons may include settlors, trustees, protectors, beneficiaries, directors, officers, shareholders, controllers and beneficial owners of entities to which we provide services.
- Persons inquiring about our services, whether or not we are or will be engaged to act.
- Suppliers of goods and services to us and to entities to which we provide services.
Applicants for a role with us, interns, contractors and employees of the Earl Group.
How do we collect Personal Data?
You will voluntarily provide most of your Personal Data directly to us. We will also obtain Personal Data from third parties. The main sources and occurrences are as follows:
- Information and documentation you or your professional advisers or introducers provide at the point of initial enquiry and subsequent follow-up.
- When we complete client take-on procedures.
- When you, your professional advisers, intermediaries or other suppliers or service providers communicate with us by whatever means resulting in us recording and storing such communication.
- From other entities within the Earl Group.
- From publicly available sources such as the internet and online information and checking services.
Sometimes the provision of your Personal Data to us by third parties will be unsolicited and/or provided in confidence (for example, reports made to us by regulators and other persons) and in this event we will be unable to notify you. In all cases we shall take such steps as necessary in order to ensure that Personal Data is obtained and used in a fair and lawful way.
What types of Personal Data do we collect?
The types of Personal Data we collect will vary depending upon the specific relationship that we have with you. We will hold personal identification and contact details with related verification documentation. In addition, we may hold a range of information including but not limited to:
- Information relating to your financial circumstances including banking, investments, source of funds and source of wealth;
- Information relating to your employment history, business activities and taxation status including tax, national insurance and other identification numbers;
- Certain details about your family and your personal circumstances.
Use of Personal Data
Our processing of Personal Data will include obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including organising, copying, analysing, amending, retrieving, storing, disclosing, transferring, retaining, archiving, anonymising, erasing or destroying it.
The legal basis upon which we process Personal Data is that we have either obtained your consent to do so or (more commonly) where it is necessary:
- To perform our contract with you or to take steps at your request to enter into the contract;
- For compliance with a legal obligation;
- For the purposes of our or another party’s legitimate interests.
The purposes for which we process Personal Data (“Permitted Purposes”) are for the proper governance, management and administration of the Earl Group and for the proper discharge of our responsibilities to clients, staff, suppliers and other third parties and to comply with all applicable legal, regulatory and anti-money laundering obligations.
Storage and sharing of Personal Data
We hold Personal Data in organised paper files and electronically in various document formats including in email and database form on secure servers and networked storage devices securely backed-up.
We will, at times, need to share Personal Data within the Earl Group and with select third parties, such as:
Persons related to you:
Your agents, professional advisers, counterparties, beneficiaries, family members, trustees, directors, banks, investment managers etc where you ask us to, or as otherwise necessary for the
Persons related to us:
Our agents, consultants and other professionals including within the Earl Group. Suppliers and external parties who assist us with legal, administrative, financial, operational and other services and who may have access to certain of your Personal Data as part of their role. These will include, for example IT and back-up service providers, banks, auditors, brokers, insurers, lawyers, accountants and tax advisers.
We will also share Personal Data in situations where disclosure is required by applicable rules and laws or by any court, tribunal, law enforcement, regulatory, public or quasi-governmental authority or department with appropriate authority.
We will also make disclosures of Personal Data as required to fulfil the obligations of the Earl Group under all applicable national and international tax compliance and exchange of information agreements including those relating to disclosure of controllers and beneficial owners.
If a data breach leading to the destruction, loss, alteration, unauthorised disclosure of, or access to, your Personal Data occurs which is likely to result in a high risk of adversely affecting your rights and freedoms, we will inform you of this without undue delay.
How long will we keep Personal Data?
We will keep Personal Data in an accessible form which can identify a natural person only for as long as we need to for the Permitted Purposes.
Applicable laws generally require us to retain Personal Data for a minimum period of 10 years.
After the expiry of the retention period, we may dispose of files including associated Personal Data without further reference to you.
GDPR and the FADP provides you with certain privacy rights, as a data subject, in relation to your Personal Data; such as the:
- Right of access: You can request us to provide you with a copy of your Personal Data.
- Right to rectification: You can ask us to correct any errors in your Personal Data.
To exercise your rights, please email firstname.lastname@example.org
You can view the full text of the GDPR and the FADP including all your rights thereunder by visiting https://gdpr-info.eu/ and https://www.fedlex.admin.ch/eli/cc/1993/1945_1945_1945/de