Helm Trust Company Limited and its affiliates are regulated for the conduct of trust company service business by the Jersey Financial Services Commission in accordance with the Financial Services (Jersey) Law 1998.
The registered office of Helm is situated at:
17 Bond Street, St. Helier, Jersey JE2 3NP, Channel Islands
Office of the Information Commissioner
Helm is registered with the Office of the Information Commissioner (‘The Commissioner’) registration number 16762. The Commissioner is an independent statutory authority, with a mission to promote respect for the private lives of individuals through ensuring privacy of your personal information. Please bear in mind that the Commissioner as referred to in this Policy and on our website is that in the Bailiwick of Jersey and not the United Kingdom. You have a right to complain to the Commissioner by visiting www.dataci.je
Data Protection Officer
This privacy notice applies to personal information held by members of Helm Trust Company as data controllers, as described below. It explains what information we collect about you, how we will use that information, who we will share it with, and the circumstances when we will share it and what steps we will take to make sure it stays private and secure. It continues to apply even if your agreement for trust and company business services with us ends it should also be read alongside the terms and conditions, as these include sections relating to the use and disclosure of information. This notice includes all products or services you have with us.
We promise to meet internationally recognised standards of personal privacy protection such as complying with the requirement of the Data Protection (Jersey) Law 2018.
Helm’s website does not store or capture any personal or sensitive information. Sensitive information includes data relating to: race or ethnic origin; political opinions; religious or other similar beliefs; physical or mental health; sexual orientation or criminal record.
What personal data do we collect?
We believe your right to privacy is very important and recognize that when you choose to provide us with information about yourself through our application forms, you trust us to act in a responsible manner.
We will only collect your information in line with relevant regulations and law. We may collect it from a range of sources and it may relate to any of our products or services you apply for, currently hold or have held in the past.
Some of it will come directly from you, e.g. when you provide identity (ID) to open a relationship. It can also come from your appointed adviser. We might also get some of it from publicly available sources.
The type of information that we collect will differ. The information we collect may include:
Information that you provide to us, e.g.:
- personal details, e.g. name, previous names, gender, date and place of birth;
- contact details, e.g. address, email address, landline and mobile numbers;
- information concerning your identity e.g. photo ID, passport information, National Insurance number or equivalent social security details, National ID card and nationality;
- other information about you that you give us by filling in forms or by communicating with us, whether face-to-face, by phone, email, online or otherwise;
- details about your criminal convictions or related information. This will include information relating to offences or alleged offences;
- information regarding your family members or other third parties who might be covered by or benefit from your entity structure or financially dependent on you;
Information we collect or generate about you, e.g.:
- your financial information and information about your relationship with us, including the products and services you hold, the channels you use and your ways of interacting with us, your payment history, transactions records, market trades, payments into your account, and
- information concerning complaints and disputes;
- information we use to identify and authenticate you, e.g. your signature
- investigations data, e.g. due diligence checks, sanctions and anti-money laundering checks, external intelligence reports, content and metadata related to relevant exchanges of information between and among individuals, organisations, including emails, records of correspondence
- and other communications
- information that we need to support our regulatory obligations, e.g. information about transaction details, detection of any suspicious and unusual activity and information about parties connected to you or these activities.
What we use your personal data for;
Helm will only use your information where we have your consent or we have another lawful reason for using it. These reasons include where we:
- need to process the information to enter into or carry out an agreement we have with you
- need to pursue our legitimate interests
- need to process the information to comply with a legal obligation; believe the use of your information as described is in the public interest, e.g. for the purpose of preventing or detecting crime;
- need to establish, exercise or defend our legal rights;
The reasons we use your information include to:
- deliver our products and services;
- carry out your instructions, e.g. to fulfil a payment
- request carry out research such as interests and manage our relationship with you, including (unless you tell us otherwise)
- telling you about products and services we think may be relevant for you;
- prevent or detect crime, including fraud and financial crime, e.g. financing for terrorism and human trafficking
- investigate and resolve complaints
- ensure security and business continuity;
- risk management behaviour so that we can better understand our users, clients and potential clients;
- send you information about Helm and alert you to services that may be of interest to you (but you may opt out) by contacting us at: firstname.lastname@example.org
- in order to ensure the security and access of our systems, premises and other purposes reasonably ancillary to the above.
Is my information secure?
We have implemented generally acceptable standards of technology and operational security to protect personal information from loss, misuse, alteration or destruction. All personal and company information is stored in a secure database.
When we collect process or use your personal data, we take steps to ensure that it is treated securely and in accordance with this privacy notice. We require our staff and any third parties who carry out any work on our behalf to comply with appropriate compliance standards, including obligations to protect any information and applying appropriate measures for the use and transfer of information.
People who email us:
We monitor any emails sent to us, including file attachments, for viruses or malicious software. Please be aware that you have a responsibility to ensure that any email you send is within the boundaries of the law.
Will you disclose my personal data?
We will not sell, disclose or provide information to third parties for their own marketing purposes and we do not undertake mailings for third parties outside of Helm. We may share your information with others where lawful to do so, including:
- data processors who process your personal data on our behalf (such as our IT systems providers);
- third parties service providers which are themselves data controllers such as professional advisors, banks and other service providers;
- in order to provide you with products or services you’ve requested, e.g. fulfilling a payment request;
- any national and/or international regulatory, enforcement or exchange body or court where we are required to do so by applicable law or regulation or at their request.
- any central or local government department and other statutory or public bodies as required.
- in connection with regulatory reporting, litigation or asserting or defending legal rights and interests
- any legitimate business reason for doing so, e.g. to manage risk, verify your identity, enable another company to provide you with services you have requested, or assess your suitability for products and services;
- where we have asked you for your permission to share it, and you have agreed
- as a result of a sale, merger, change in control, transfer of assets, reorganization or liquidation of our firm (a “Reorganization Event”), transfer, sell or assign your personal data to third parties involved in the Reorganization Event.
How we make decisions about you
Helm does not use automated systems to help us make decisions. You may have a right to certain information about how we make these decisions.
Tracking or recording what you say or do
To help keep you and your assets safe, we may record details of your interactions with us. We may record and keep track of conversations you have with us, including phone calls, face-to-face meetings, letters, emails, and any other kinds of communication. We may use these recordings to check your instructions to us, assess, analyse and improve our service, train our people, manage risk or to prevent and detect fraud and other crimes. We may also capture additional information about these interactions, e.g. telephone numbers that you call us from.
What we need from you
You are responsible for making sure the information you give us is accurate and up to date, and you must tell us if anything changes as soon as possible. If you provide information for another person for example, a joint account holder, a beneficiary or a dependant, you will need to direct them to this notice. If we need that person’s consent, we will ask you to confirm that you have obtained such consent.
Compliance with laws and regulatory compliance obligations
We shall use your information to meet our compliance obligations, to comply with other laws and regulations, and to share with regulators and other authorities that Helm companies are subject to. This may include using it to help detect or prevent crime (including terrorism financing, money laundering and other financial crimes). We shall only do this on the basis that it is needed to comply with a legal obligation; it is in our legitimate interests.
The personal data we collect from you may be processed in (including being accessed in or stored in) a country or territory outside your home country, including outside the European Economic Area (“EEA”). Where we transfer data to another jurisdiction, which does not offer the same level of protection of personal data as may be enjoyed within your home country, we will ensure that your data has an appropriate level of protection and that the transfer is lawful. We may need to transfer your information in this way to carry out our contract with you, to fulfil a legal obligation, to protect the public interest and / or for our legitimate interests. In some countries the law might compel us to share certain information, e.g. with tax authorities. Even in these cases, we will only share your information with people who have the right to see it.
How long we retain personal data
We shall keep your information in line with our data retention policy. For example, we will normally keep your core trust company business data for a period of ten years from the end of our relationship with you. This enables us to comply with legal and regulatory requirements or use it where we need to for our legitimate purposes, such as managing your company or trust and dealing with any disputes or concerns that may arise.
We may need to retain your information for a longer period, where we need the information to comply with regulatory or legal requirements or where we may need it for our legitimate purposes, e.g. to help us respond to queries or complaints, fighting fraud and financial crime, responding to requests from regulators, etc.
If we do not need to retain information for this period of time, we may destroy, delete or anonymise it more promptly.
You have a number of rights in relation to the information that we hold about you. Please bear in mind that if you object to processing or withdraw your consent, this may affect our ability to deliver services to you. Should you wish to discuss the exercise of any your rights, please contact us using the details set out in the ‘Contact Information’ section.
These rights include:
- the right to access information we hold about you and to obtain information about how we process it;
- in some circumstances, the right to withdraw your consent to our processing of your information, which you can do at any time. We may continue to process your information if we have another legitimate reason for doing so;
- the right to object to, and to request that we restrict our processing of your information in some circumstances. Again, there may be situations where you object to, or ask us to restrict, our processing of your information, but we are entitled to continue processing your information
- and/or to refuse that request.
- the right to request that we rectify your information if it is inaccurate or incomplete;
- in some circumstances, the right to request that we erase your information. We may continue to retain your information if we are entitled or required to retain it;
- in some circumstances, the right to receive certain information you have provided to us.
You can exercise your rights by contacting us. You also have a right to complain to the Commissioner in the country where you live or work.
Helm Trust Company Limited
17 Bond Street,
St Helier, Jersey JE2 3NO
T: +44 (0) 1534 732299
F: +44 (0)1534 725376
Last modified April 2018.