This Privacy Notice
(as of September 2019)
The purpose of this Privacy Notice is to inform you why and how A.R.C. Directors Ltd (“A.R.C.”) handles personal information about you.
What sort of personal information about me does A.R.C. obtain?
The personal information A.R.C. may obtain includes (i) contact details (your contact details such as title, name, postal address and email address); and (ii) KYC records (Information about you which we are obliged to check for legal or regulatory reasons, such as your date of birth, country of residence, nationality, any ownership interest in any entity or asset you hold, and other like information concerning your identity and background). We will collect your personal information only where we are legally permitted to do so, and only to the extent it is appropriate and necessary for one or more of the purposes described below.
For what purposes does A.R.C. collect my personal information?
We handle your personal information to ensure that we (and our Corporate Clients, where relevant) comply with all relevant legal and regulatory requirements, including, without limitation, legal requirements relating to money laundering, bribery and corruption, tax evasion, sanctions/embargoes, and export control.
Important Note: If you are a Private Client or a Business Owner, we may use your personal information to conduct various checks to ensure that we comply with all applicable legal and regulatory requirements, before we formally accept you (or your business) as a client and from time to time after you (or your business) is accepted as our client.
In handling personal information, we rely on contractual necessity (where we handle your personal information in order to discharge the contractual obligations we owe to you), legitimate business interests (typically where we handle your personal information for the purposes of the services we provide to our Corporate Clients), and legal and regulatory requirement (where we handle your personal information for the purpose of legal and regulatory compliance).
How does A.R.C. obtain your personal information?
We try to collect personal information directly from you wherever possible, although the nature of the services we perform can often result in us collecting your personal information indirectly from third party sources. Additionally, there may be circumstances where we are required to seek your personal information from independent sources (for example where we need to use your personal information to comply with legal requirement to validate your identity and background). Sources from which we may obtain your personal information include (i) people who know you; (ii) publicly accessible websites, registers, and databases; (iii) providers of background check and business risk screening services; and (iv) the relevant Corporate Client to whom we provide the service and who entrusts us with your personal information.
Does A.R.C. share my personal information with others?
We will share your information with others only if and to the extent it is appropriate and necessary to do so for one or more of the purposes outlined above. Your personal information may be shared with one or more of the following categories of recipients:
- Our Corporate Clients (if you are a Client Business Contact this could be your employer, and if you are a Service Beneficiary this could, for example, be the company which you serve in your capacity as a director, or the investment funds in which you have invested and which are supported by us);
- Those who support our business operation;
- Providers of background check and business risk screening services, such as credit reference agencies, operators of fraud and financial crime databases, and operators of sanctions/embargoes databases;
- Third parties with whom we must by necessity interact in order to provide or facilitate the provision of our services; and
- Government departments and agencies, police, regulators, courts, tribunals, and other like authorities with whom we are legally obliged to share your personal information, or with whom we decide to cooperate voluntarily (but only to the extent we are legally permitted to do so).
Important Note: Where we share your personal information with the authorities, we may, depending on the circumstances, be forbidden from advising you of the fact that your personal information was disclosed to or requested by the authorities.
Does A.R.C. transfer my personal information outside the Cayman Islands?
We may share your personal information with recipients outside the Cayman Islands to the extent we are legally permitted to do so.
What would A.R.C. do if a data breach happens?
In the event your personal information under our control becomes compromised due to a breach of our security, we will act promptly to identify the cause and take the necessary steps to contain and mitigate the consequences of the breach. Where appropriate, and where legally required, we will also notify you of the breach.
How long will A.R.C. retain my personal information?
The personal information about you which we collect is typically retained at least for as long as your personal information is relevant to the services we provide. Once your personal information ceases to be relevant to the services we provide we will retain it as part of our business records in accordance with any legal or regulatory record keeping requirement that applies. In the absence of any specific legal or regulatory record-keeping requirement which applies, we may retain your personal information for an appropriate period where we consider it necessary.
Will this Privacy Notice change in the future?
We may revise this Privacy Notice from time to time to reflect changes in law or changes in how we run our business.
What rights do I have in respect of my personal information?
You have certain legal rights in respect of your personal information handled by us. These include (i) the right to ask us to confirm whether or not we handle any personal information about you; (ii) the right to ask us to provide you with copies of your personal information we hold; (iii) the right to ask us to correct any inaccuracy or incompleteness in your personal information we hold; (iv) the right to ask us to stop handling your personal information or to not begin the handling of your personal information; and (v) the right to ask us not to subject you to automated decision-making that uses your personal information.
Important Note: The rights you have in respect of your personal information are not absolute and are subject to a range of legal conditions and exemptions. If and to the extent a relevant legal condition or exemption applies, we reserve the right not to comply with your request.
Who can I contact about my personal information?
If you would like to exercise any of the rights you have in respect of your personal information, or if you have any question or concern regarding the way in which we handle your personal information, then please reach out to your usual contact within A.R.C. in the first instance. If you have a complaint regarding the way in which we handle your personal information, please contact our Compliance Officer in the first instance. You can do so by emailing your complaint to atooker@arcdirectors.com. We will try to respond satisfactorily to any request, query, or complaint you may have in respect of your personal information, but if you are dissatisfied with our response and wish to make a formal complaint, or if you simply wish to learn more about your rights, you can contact the Cayman Islands Ombudsman:
Ombudsman
PO Box 2252
Grand Cayman, KY1-1107
Cayman Islands