Privacy Policy- May 2018 Update

Affinity Management Services Limited (AMSL) and Affinity Management Services (Malta) Limited (AMSML) (together “Affinity”) is committed to keeping your personal information secure and to adhering to the principles laid down in the General Data Protection Regulations (“GDPR”) which came into force on 25th May 2018.

This privacy policy explains how Affinity will use any personal information that we may collect from you in respect of the services we provide to you.  For information on our Cookie Policy please click here

This privacy policy covers the following:

  • Why we need your information
  • What information do we need
  • What we do with the information
  • How we store your information
  • Sharing your information
  • Transferring your information to other countries
  • How we keep your information accurate
  • What we do with your information when we don’t need it anymore
  • How you can access the information we hold
  • Affinity’s role as a Data Controller
  • The Data Protection Officer
  • Links to other websites
  • Marketing
  • Complaints
  • Changes to our Privacy Policy

Why do we need your information?

AMSL is regulated in the Isle of Man by the Isle of Man Financial Services Authority to undertake the following classes of Regulated Activity:-

  • Class 4 (Corporate Services),
  • Class 5 (Trust Services); and
  • Class 7 (Management or Administration to Licenceholders)

AMSML is regulated in Malta with the Malta Financial Services Authority to undertake the following classes of Regulated Activity:-

  • Trust and Trustees Act

AMSML is also an

  • Accredited Agent for Identity Malta
  • Authorised Registered Mandatory for the Inland Revenue Department.

Affinity is obliged to operate in accordance with the framework of the laws and licensing regime in place in their applicable jurisdictions and applicable international laws. Such laws and regulations include (but are not limited to) legislation covering financial services, anti-money laundering and countering of terrorism and taxation (“the applicable legislation”).

What information do we need?

Affinity will collect personal information about you at the beginning of our relationship and may also collect further information from you from time to time during the course of our relationship to ensure our continued adherence with the applicable legislation.

We will only collect personal data that is absolutely necessary for us to comply with our requirements under the applicable legislation.

We do not collect any personal information that is deemed to be of a “Special Category” under GDPR (eg. information pertaining to race; ethnic origin; political beliefs, religious beliefs, trade union membership, genetics, biometrics, health, sex life or sexual orientation).

What we do with it

All of the personal data we collect is processed by our staff and is used in line with the services we are providing to you. This may include:

  • Providing proposals and engaging terms of business
  • Providing services to you including the administration of client companies or trusts
  • Managing assets on your behalf
  • Crew employment
  • Communicating it with third parties such as banks
  • Communicating it with ship and aircraft registries
  • Communicating it with Government Departments
  • Licencing applications
  • AEOI reporting such as FATCA and CRS
  • To assist with the prevention of financial crime and the funding of terrorism
  • To undertake risk assessments

As the services we provide are so varied the way we use your information will be determined by what those services are. A specific list based on our agreed relationship can be provided, please contact our Data Protection Officer for further information.

How we store your information

We store all electronic personal information received within secure software which is stored and maintained on servers located within the Isle of Man and maintained by a third party cloud processor which is resident in the Isle of Man. The Isle of Man is recognised by the EU as a jurisdiction that provides an adequate level of data protection.

We store all non-electronic personal information received within files located in our secure offices or within a secure archive facility which is operated by providers who are GDPR compliant.

Sharing your information

We may share your information within our group of companies or with other bodies where lawful circumstances provide us to do so. These include:

  • Tax and VAT authorities
  • Regulators
  • Law enforcement agencies
  • Third party agencies such as banks
  • Yacht and aircraft registries
  • Other regulated corporate and trust service providers (who also provide services to you outside of the our respective jurisdictions )
  • Credit reference agencies
  • Third party customer screening entities, (i.e. World Check)
  • Software providers and cloud server providers

We do not sell, distribute or lease your personal information to third parties, unless we have your express consent to do so or are required to by law.

Transferring your information to other countries

Affinity may have to share your information with an organisation in another jurisdiction, when these circumstances arise we will make sure that information remains secure and that there is a GDPR compliant data processor agreement in place where required.

The EU has deemed certain countries to have equivalent safeguards in terms of GDPR. Those countries as well as those within the EEA are considered to be secure and offer the same protection for your personal information.

In circumstances where information needs to be transferred to a jurisdiction that is not considered to be equivalent Affinity will put in place a GDPR compliant data sharing agreement which will ensure that the required additional safeguards are in place.

How we keep your information accurate

Article 5 of GDPR requires Affinity to ensure the personal data that we hold for you is accurate and up to date.

Affinity has adopted policies to ensure that they take every reasonable step to ensure that it keeps in regular contact with its clients and customers with a view to ensuring that the information that we hold for you remains up to date and accurate at all times.

What we do with your information when we don’t need it anymore

Affinity will only maintain your personal information for the minimum amount of time it is required to do so by law after which time it will be securely destroyed.

How you can access the information we hold

You have a right to request a copy of the information that we hold about you.

If you would like a copy of some or all of your personal information that we hold, please contact the Data Protection Officer at the respective office, whose details are listed below.

You may ask us to correct or remove information that you feel is inaccurate although our legal and regulatory obligations must always be adhered to.

A Data Subject request is provided free of charge, however we will reserve the right to charge for any Data Subject request which we may feel is excessive.

Affinity’s role as a Data Controller

AMSL is registered as a “Data Controller” with the Isle of Man Information Commissioner’s Office.

AMSML is registered as a “Data Controller” with the Malta Office of the Information and Data Protection Commissioner

Data Protection Officer 

AMSL and AMSML have appointed Data Protection Officers in each of their respective offices, who are responsible for the handling of Data Subject Requests and acting as a point of contact with the relevant authorities in each jurisdiction .

If you have any questions about our privacy policy or require information on the personal data that we hold on you or wish to opt out of us using your personal data for marketing purposes please contact the Data Protection Officer at the respective office.

AMSL                                                                                        AMSML

Second Floor                                                                                  Level 2

14 Athol Street                                                                               Progetta House

Douglas                                                                                           Tower Street

Isle of Man                                                                                     Birkirkara

IM1 1JA                                                                                           BKR 4012

British Isles                                                                                   Malta

Tel:                  +44 1624 670583                                                  +356 2010 4700

E-mail:           dataprotectionofficer@affinity.co.im               dataprotectionofficer@affinity-malta.com

 

Links to Other Websites

Further information pertaining to the operations of Affinity can be found on our website at the following address. http://www.affinity.co.im/.

Our website may contain links to other websites. This privacy policy only applies to the website of Affinity and Affinity has no control over the other websites with regard to how they may use your personal data. Affinity cannot be held responsible for the protection of privacy of information that you may provide whilst visiting the other websites.

Marketing

 We will only send you information about our products and services with your express consent which you may opt out of at anytime.

Your information that we use for marketing purposes will be retained by us in accordance with our privacy policy until such time as you notify us that you no longer wish to receive this information.

Complaints

If you wish to raise a complaint on how we have handled your personal data, you can contact the Data Protection Officer in the relevant office who will investigate the matter.

If you are not satisfied with our response or believe we are processing your personal

data in contravention of the law you can complain direct to the applicable Data Protection and Information Commissioner’s Office (as below).

Isle of Man

Isle of Man Information Commissioner’s Office

https://www.inforights.im/

Malta

Office of the Information and Data Protection Commissioner

https://idpc.org.mt/en/Pages/Home.aspx

 

Changes to our Privacy Policy

We keep our privacy policy under regular review and we will place any updates on our website and will communicate such changes to you as and when changes occur.

Copyright © Affinity 2018