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Legal Notice.

Website

This web site contains information about the range of services offered by the Aztec Group. You should read the information set out below before using the web site. This sets out the legal and regulatory provisions applicable to the content of this web site. By accessing the web site, you agree to be bound by these terms and conditions.

References to the Aztec Group within this web site may mean Aztec Financial Services (Jersey) Limited, Aztec Financial Services (Guernsey) Limited, Aztec Financial Services (Luxembourg) S.AAztec Financial Services (UK) Limited, Aztec Financial Services (Netherlands) B.V., Aztec Fund Administration LLC or any other subsidiary or trading style of Aztec Group Limited (collectively, the “Aztec Group”).

The materials contained in this web site are provided for general information purposes only and do not constitute legal or other professional advice. Any reliance you place on such information is strictly at your own risk. Aztec Group disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to this web site, or by anyone who may be informed of any of its contents.

Please read this Legal Notice and other terms of use of this web site carefully. If you do not agree with any of the terms and conditions contained herein, please do not access this web site. Aztec Group reserves the right to amend this Legal Notice and other terms of use on this website in its sole discretion. Aztec Group will post any such changes on this web site, and changes are effective immediately upon posting. Your continued access to or use of this website following any such changes constitutes your acceptance of, and agreement to be bound by, such new terms and conditions. If you object to any of the changes to this Legal Notice or other terms of use on this web site you should stop accessing this web site.

Information about our use of cookies

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. By continuing to browse the site, you are agreeing to our use of cookies.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.

We use the following cookies:

  • Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website.
  • Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
  • Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you and remember your preferences.
  • Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

Please note that third parties (including, for example, providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.  One example of third party cookies that might be used includes Google Analytics and sharing tools.

The Website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies (text files placed on your computer) to help website operators analyse how users use the site. The information generated by the cookie about your use of the Website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. By using this Website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

This Website also uses sharing tools. Sharing tools allow you to share content through social networks such as Facebook or Twitter. When you use one of these buttons, the social networking site may place a cookie on your computer. This would be a third-party cookie set by the social networking site. If you have any questions about the use of these third-party cookies, you should check the relevant social networking site’s cookie policy.

You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.

Copyright and Ownership

The copyright in these web pages and in the downloadable documents on this web site is owned by the Aztec Group. Specifically, the trade names, trademarks, service marks, trade dress, logos and other indicia of source (collectively, “Marks”) found on these web pages and any and all information and content available through these web pages (including policies, business plans, research, concepts and other information (collectively, the “Content”)) are proprietary to Aztec Group or its affiliates and are protected by intellectual property rights and unfair competition and other laws. Persons may not use any Mark or Content in these web pages without the express written permission of Aztec Group or the relevant affiliate, and nothing contained in this Legal Notice or anywhere on these web pages shall be construed as granting any license or right to use any Mark or Content.

However, permission is given for the viewing, reproduction, printing and distribution of these pages and of the downloadable documents on this web site, subject to the following conditions:

  • the pages, or any portion of them, may be used only for informational purposes; and
  • any copy of the pages, or portion of them, must include the copyright notice, or the original heading identifying the Aztec Group or the relevant group entity.

Third Party Links

From time to time, Aztec Group may provide links from this web site to web sites operated by third parties. Aztec Group’s decision to do so is in no way an endorsement of these web sites. Aztec Group does not monitor, edit or control such third party sites and is not responsible in any way for the suitability of their content or for the quality of the products or services offered therein. Your choice to follow links to such websites is at your sole risk. When you click on a link to another website you will be leaving this web site. If you have any questions regarding a linked web site, please direct them to the administrator of the relevant web site. Aztec Group reserves the right to terminate any link at any time.

Corporate Information

Aztec Group Limited

The services offered by Aztec Group Limited are provided by the following group entities:

JERSEY

  • Aztec Financial Services (Jersey) Limited
  • Aztec Trustees (No. 1) Limited
  • Aztec Trustees (No. 2) Limited
  • Aztec Nominees Limited

GUERNSEY

  • Aztec Financial Services (Guernsey) Limited
  • Aztec Nominees (Guernsey) Limited

LUXEMBOURG

  • Aztec Financial Services (Luxembourg) S.A.

THE NETHERLANDS

  • Aztec Financial Services (Netherlands) B.V.

UNITED KINGDOM

  • Aztec Financial Services (UK) Limited

Registered Offices

The registered office addresses of the group companies in each jurisdiction are as set out below:

GUERNSEY

Box 656, East Wing
Trafalgar Court, Le Banques
St Peter Port, Guernsey
GY1 3PP

JERSEY

Aztec Group House
PO Box 730
11-15 Seaton Place
St Helier
Jersey JE4 0QH

LUXEMBOURG

8, rue Lou Hemmer
L-1748 Senningerberg
Grand Duchy of Luxembourg

THE NETHERLANDS

Barbara Strozzilaan 201
1083HN Amsterdam
The Netherlands

UNITED KINGDOM

Forum 4, Solent Business Park
Parkway South, Whiteley
Fareham, PO15 7AD

UNITED STATES

150 Radnor Chester Road
Suite A-270
Radnor, Pennsylvania 19087

Applicable Regulation

The activities of the Aztec Group are regulated by the following regulatory authorities in each of the jurisdictions in which it provides services:

  • in Guernsey, by the Guernsey Financial Services Commission under The Protection of Investors (Bailiwick of Guernsey) Law, 1987, as amended, and under The Regulation of Fiduciaries, Administration Businesses and Company Directors, etc. (Bailiwick of Guernsey) Law, 2000, as amended.
  • in Jersey, by the Jersey Financial Services Commission to carry on fund services business and trust company business under the Financial Services (Jersey) Law 1998, as amended.
  • in Luxembourg, Aztec Financial Services (Luxembourg) S.A. is regulated by the Commission de Surveillance du Secteur Financier as Professional of the Financial Sector, in accordance with the law of 5 April 1993 relating to the Financial Sector, as amended.
  • in UK, Aztec Financial Services (UK) Limited is authorised and regulated by the Financial Conduct Authority. FCA authorisation can be checked on the FCA’s Register at www.fsa.gov.uk/register
  • In the Netherlands, Aztec Financial Services (Netherlands) B.V. is licensed by De Nederlandsche Bank as a trust office.
  • In the United States, Aztec Fund Administration LLC is incorporated in Delaware as a limited liability company, and is primarily subject to Delaware and United States federal law.

Details of the specific consents granted can be obtained from the web sites of the respective regulatory authorities.

Limitation of Liability

While every effort has been made to ensure that the information contained on this web site is complete and accurate at the date of publication, the information, materials and opinions contained on this website are for general information purposes only, are not intended to constitute legal or other professional advice, and should not be relied on or treated as a substitute for specific advice relevant to particular circumstances. Aztec Group does not warrant the adequacy, accuracy or completeness of the information contained on this website, and does not accept any liability arising from any inaccuracy or omissions in or the use of or reliance on the information contained within this website. Neither Aztec Group Limited nor any other Aztec Group entity accepts any responsibility for any loss which may arise from reliance on information or materials published or available for download from this website to the maximum extent not prohibited under applicable laws.

However, Aztec Group does not exclude any liability that might arise on the part of any of its group companies or affiliates or persons under the regulatory systems of the jurisdictions in which it operates.

Disclaimer of Warranties

This web site and content are provided “as is” and “as available” and, to the maximum extent not prohibited under applicable laws, are provided without warranties, claims or representations made by Aztec Group, either express, implied or statutory, with respect to this web site, including warranties of quality, performance, non-infringement, merchantability, fitness for a particular purpose, nor are there any warranties created by course of dealing, course of performance or trade usage. Aztec Group further does not represent or warrant that this web site and content will always be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free. You acknowledge that the entire risk arousing out of the use or performance of the web site remains with you to the maximum extent not prohibited under law.

Indemnity

By using this web site, you agree that you will be solely responsible for, and that you will defend, indemnify and hold Aztec Group, its parents, subsidiaries and other affiliates and each of their respective officers, directors, agents, employees and representatives harmless from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting from your violation of this Legal Notice or otherwise resulting from your use of this web site. Aztec Group reserves the right, at its own expense, to assume the exclusive defence and control of any matter for which it is entitled to indemnification, but you must still indemnify Aztec Group for all liabilities, losses or damages. You agree to provide Aztec Group with whatever cooperation it reasonably requests.

Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to this Legal Notice or this web site must be commenced within one year after the cause of action accrues. Otherwise, such cause of action or claim is permanently barred, unless required by law.

Privacy Policies

Aztec Group is committed to protecting and respecting your privacy online and we are aware that there is a great deal of concern about how personal information is dealt with over the internet.

In addition to the Privacy Policy set forth below, residents of California should refer to Aztec Group’s California Website Privacy Policy.

Aztec Group’s privacy notice regarding personal data.

This notice, which we will refer to as the “Notice”, is addressed to any person from whom Aztec collects personal data in the course of providing its services (“you”). This will include our clients and, where our client is not a natural person, the owners, controllers and personnel of our clients. Aztec is the controller of that data and is therefore required to provide you with this Notice. Aztec will not be the controller of all personal data it receives, so where your personal data is being collected by or on behalf of other parties, we recommend that you take note of who the controller of that data will be and read their privacy notice.

Any data that relates to you, or from which you can be identified, is known as “personal data”. Aztec respects your privacy and is committed to protecting your personal data. This Notice will inform you as to how we look after your personal data and tell you about your privacy rights and how the law protects you.

Please also use the Glossary to understand the meaning of some of the terms used in this Notice.

1.  IMPORTANT INFORMATION AND WHO WE ARE
2.  THE DATA WE COLLECT ABOUT YOU
3.  HOW IS YOUR PERSONAL DATA COLLECTED?
4.  HOW WE USE YOUR PERSONAL DATA
5.  DISCLOSURES OF YOUR PERSONAL DATA
6.  INTERNATIONAL TRANSFERS
7.  DATA SECURITY
8.  DATA RETENTION
9.  YOUR LEGAL RIGHTS
10.  GLOSSARY

1.  Important Information and Who We Are

Purpose of This Privacy Notice

This Notice aims to give you information on how Aztec collects and processes your personal data.

It is important that you read this Notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This Notice supplements the other privacy notices and is not intended to override them.

Controller

Aztec is made up of different legal entities, details of which can be found here. This Notice is issued on behalf of the Aztec Group so when we mention “Aztec”, “we”, “us” or “our” in this Notice, we are referring to the relevant company in the Aztec Group that has collected your data. That company will be the controller of your data (the “data controller”) and be the party who determine the purpose for which your data is processed and how it is processed.  “Processing” includes any operation or set of operations performed on personal data (e.g. collection, recording, organisation, structuring, storage, adaptation, alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure and destruction).

If you have any questions about this Notice, including any requests to exercise your legal rights, please contact your client relationship manager.

You have the right to make a complaint in relation to data protection issues at any time to the Information Commissioner’s Office in the UK, the Data Protection Authority in Jersey or the Data Protection Authority in Guernsey, the National Commission for Data Protection in Luxembourg or the Data Protection Authority in the Netherlands (Autoriteit Persoonsgegevens). We would, however, appreciate the chance to deal with your concerns before you approach one of these supervisory authorities so please contact your client relationship manager in the first instance.

Changes to This Privacy Notice and Your Duty to Inform Us Of Changes

This Notice is effective from 25 May 2018. We will post any material changes that we may make to this Notice in the future on our website and, where appropriate, we will notify you of the change by email.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

2.  The Data We Collect About You

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

  • Identifying information (i.e. information used to identify a specific individual, such as: given name(s), preferred name(s), nickname(s); date of birth / age; place of birth; nationality; race; religion; passport details).
  • Contact information (e.g. postal address, telephone number, email address).
  • Family information (e.g. family structure, siblings, offspring, marriages, divorces, relationships).
  • Financial information (e.g. source of wealth, personal assets, bank account numbers and income details).
  • Professional information (e.g. job titles, employment history).
  • Transaction information (e.g. details about payments to and from you and other details of products and services you have purchased from us).
  • Marketing and Communications data includes your preferences in receiving marketing from us and your communication preferences.

In certain circumstances, we will also collect, use, store and transfer Special Categories of data about you. In particular, as part of our due diligence processes, we might collect information as to:

  • your political opinions and affiliations, so that we can identify that you are, or are connected to, a politically exposed person; and
  • your criminal records or alleged criminal activity.

If You Fail to Provide Personal Data

Where we need to collect your personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our services) and we may have to terminate the provisions of services or decline the requested performance of a task (such as entering a name into a register of shareholders).

3.  How Is Your Personal Data Collected?

We use different methods to collect data from and about you including through:

– Direct interactions. You may give us your personal information by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

  • apply for our services;
  • respond to our requests for due diligence materials;
  • ask questions or give us instructions related to our services;
  • upload information to our client portal;
  • subscribe to our industry updates or publications; or
  • request marketing to be sent to you.

– Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:

  • Identifying, Contact and Professional information from publicly available sources such as Companies House in the UK.
  • Identifying, Contact, Professional and Special Category information from searches of electronic databases researched and maintained by professional service providers to help identify and manage financial, regulatory and reputational risk, such as World-Check.
  • Identifying, Contact, Family, Financial, Professional, Transaction and Special Category information from your other service providers and advisers including trust companies, fund administrators, accountants, tax advisers and lawyers.

– CCTV. If you visit any of our offices in person, your image may be captured on our CCTV system.  We operate a CCTV system to protect our buildings and assets from damage, for the personal safety of our staff and visitors and to support law enforcement bodies in the prevention, detection and prosecution of crime.

4.  How We Use Your Personal Data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into with you.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal or regulatory obligation.

Click here to find out more about the types of lawful basis that we will rely on to process your personal data.

Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting your client relationship manager.

Purposes For Which We Will Use Your Personal Data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact your client relationship manager if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/ActivityType of dataLawful basis for processing including basis of legitimate interest
 To perform our anti-money laundering checks(a) Identifying
(b) Contact
(c) Financial
(d) Transaction
(e) Special category data (e.g. political opinions or criminal records)
 (i) Necessary to comply with a legal obligation
 To deliver our services to our clients. This will include, if you are a director or shareholder (or equivalent) of an entity administered by Aztec:

entering your information on the relevant registers;

using your contact details to send you notices of meetings and investor communications;

using your financial information (e.g. bank account details) to make payment of redemption or distribution monies or director’s fees and expenses.

(a) Identifying
(b) Contact
(c) Financial
(d) Transaction
 (i) Performance of a contract
(ii) Necessary to comply with a legal obligation
(iii) Necessary for our legitimate interests (performing our services and conducting our business)
 To comply with international tax reporting requirements (a) Identifying
(b) Contact
(c) Financial
(d) Transaction
 (i) Necessary to comply with a legal obligation
 To manage our relationship with you which will include notifying you about changes to our terms or this Notice(a) Identifying
(b) Contact
(i) Performance of a contract with you
(ii) Necessary to comply with a legal obligation
(iii) Necessary for our legitimate interests
 To send you marketing information about our services that we think may be of interest to you(a) Identifying
(b) Contact
 (i) Necessary for our legitimate interests

 Opting Out

You can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting your client relationship manager.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us for other purposes.

Change of Purpose

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. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact your relationship manger.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that 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.

5.  Disclosures of Your Personal Data

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

  • Internal Third Parties.
  • External Third Parties.
  • Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Notice.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6.  International Transfers

We share your personal data within the Aztec Group. This will involve transferring your data within the European Economic Area (EEA) and to Jersey and Guernsey who are outside of the EEA but have been deemed to provide an adequate level of protection for personal data by the European Commission.

Many of our External Third Parties are based outside the EEA so their processing of your personal data will involve a transfer of data outside the EEA.

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

Please contact your client relationship manager if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

7.  Data Security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

8.  Data Retention

How Long Will You Use My Personal Data For?

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, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

By law we are required to keep your personal information that we have collected for the purpose of discharging our money laundering obligations for at least 5 years from the end of the relevant client relationship.

With regard to any of your information forming part of our tax records, those records are required to be kept for 6 years (7 years in The Netherlands and 10 years in Luxembourg) from the end of the year of assessment.

With regard to other records maintained by Aztec, unless they relate to AML or tax they must be kept for: in Jersey, 10 years from the date of the record; in Guernsey and the UK, the duration of the relevant client relationship plus 6 years; in Luxembourg, the duration of the relevant client relationship plus 5 years; and in Netherlands, 7-10 years. For more information about our document retention policies, please contact your client relationship manager.

In some circumstances you can ask us to delete your data: see Request erasure below.

9.  Your Legal Rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:

If you wish to exercise any of the rights set out above, please contact your client relationship manager.

No Fee Usually Required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What We May Need From You

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time Limit to Respond

We try to respond to all legitimate requests within four weeks. Occasionally it may take us longer than four weeks if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

10.  Glossary

Lawful Basis

Legitimate Interest means the interest of our business in conducting and managing our business. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting your relationship manger.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

Third Parties

Internal Third Parties

Other companies in the Aztec Group and who are based in Jersey, Guernsey, Luxembourg, the UK and the Netherlands.

External Third Parties

  • Service providers based in Jersey, Guernsey, Luxembourg, the UK and the Netherlands who provide anti-money laundering screening services, client-facing application software, archiving services, business management software, telecommunications services, information technology services and marketing assistance.
  • Professional advisers including lawyers, bankers, auditors and insurers based in Jersey, Guernsey, Luxembourg, the UK and the Netherlands who provide consultancy, banking, legal, insurance and accounting services.
  • HM Revenue & Customs, regulators and other authorities based in Jersey, Guernsey, Luxembourg, the UK and the Netherlands who require reporting of processing activities in certain circumstances.

Your Legal Rights

You have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.

Monitoring telephone calls and e-mails to the Aztec Group offices

Telephone calls using the telephone numbers provided on this web site and all Aztec Group extensions and e-mail correspondence with the Aztec Group via generic or individual employees e-mail addresses may be recorded or monitored. By using such communication methods you are consenting to the recording or monitoring of the same.

Jurisdiction

The information contained in this web site shall be governed by and construed in accordance with the laws of the Island of Jersey and by accessing the web site, you hereby agree to submit to the non-exclusive jurisdiction of the Island of Jersey in connection therewith and further waive the right to object to an action brought in the courts of the Island of Jersey on the basis of an action brought in an inconvenient forum.

Contact

Should you have any queries or comments on our privacy policy or site security, please e-mail the enquiries desk at enquiries@aztecgroup.co.uk or enquiries@aztecgroup.eu.

California Website Privacy Policy

This California Website Privacy Policy supplements the web site Privacy Policy with respect to specific rights granted under the California Consumer Privacy Act of 2018 (as amended, the “CCPA”) to natural person California residents and provides information regarding how such California residents can exercise their rights under the CCPA. This supplement is only relevant to you if you are a resident of California as determined in accordance with the CCPA. Information required to be disclosed to California residents under the CCPA regarding the collection of their personal information that is not set forth in this CCPA supplement is otherwise set forth in the web site Privacy Policy. To the extent there is any conflict with the privacy requirements under the U.S. Gramm-Leach-Bliley Act and/or Regulation S-P (“GLB Rights”), GLB Rights shall apply.

What does this Website Privacy Policy apply to?

This California Website Privacy Policy applies solely to your interactions with us through our Web Site (as defined below). If you provide personal information to use through another means (as an employee, person seeking employment or as a client) you will receive a separate privacy notice and that notice will govern such personal information.

What information do we collect about Web Site users, and how to we obtain such information?

We collect limited types of personal information through our web site, as well as through other electronic communications such as emails, as applicable (collectively, the “Web Site”). The types of personal information we collect about you depends on the nature of your interaction with us. The categories of personal information we have collected from individuals on this Web Site over the last twelve (12) months include the following:

  • Identifiers, such as name, contact details and address (including physical address and email address) voluntarily provided by Web Site users;
  • Customer records, such as telephone number and personal information provided by Website Users via our “Contact” email address on the Web Site; and
  • Other information you provide to us when you correspond with us in relation to inquiries.

We may combine personal information that you provide to us with information that we collect from or about you from publicly available sources. This will include information collected in an online or offline context.

How do we use your personal information?

We will use your personal information for one or more of the following business purposes:

  • To perform services for you.
  • To improve our Web Site and the products and services that we offer and notify you about changes to our products and services.
  • To communicate with you, including responding to requests for information submitted by you through our Web Site.
  • To keep a record of your relationship with us.
  • Ongoing operations, administrative, accounting, reporting, account maintenance and other processes.
  • To audit and verify the quality and effectiveness of our services and compliance.
  • To detect security incidents and to protect against malicious, deceptive, fraudulent, or illegal activity.
  • To generally comply with U.S., state, local and non-U.S. laws, rules and regulations.

Additionally, we may use your personal information to keep you informed of our products and services, if you have provided your consent to us doing so, or where we have an existing relationship with you and we wish to contact you about products and services similar to those which we provide you, in which you may be interested. You may opt-in to certain kinds of marketing, or all forms of marketing at any time, by contacting us and you may unsubscribe to receiving emails by clicking on the “opt-out” or “unsubscribe” link provided in all our marketing emails.

Who do we share your personal information with?

We do not sell any of the personal information we collect about you to third parties.

We do not disclose any nonpublic personal information about you to anyone, except as required by law, regulation or in response to regulatory inquiries.

How do we keep your personal information secure?

We consider the protection of sensitive information to be a sound business practice, and to that end we employ appropriate organizational, physical, technical and procedural safeguards, which seek to protect your personal information in our possession or under our control to the extent possible from unauthorized access and improper use.

Your rights under the CCPA:

Deletion Rights: You have the right to request that we delete any of your personal information that we retain, subject to certain statutory exceptions, including, but not limited to, our compliance with U.S., state, local and non-U.S. laws, rules and regulations. We will notify you in writing if we cannot comply with a specific request and provide an explanation of the reasons.

Disclosure and Access Rights: You have the right to request that we disclose to you certain information regarding our collection and use of personal information specific to you over the last twelve (12) months. Such information includes:

  • the categories of personal information we collected about you;
  • the categories of sources from which the personal information is collected;
  • our business or commercial purpose for collecting such personal information;
  • the categories of third parties with whom we share the personal information (as applicable);
  • the specific pieces of personal information we have collected about you; and
  • whether we disclosed your personal information to a third party, and, if so, the categories of personal information that each recipient obtained.

No Discrimination: We will not discriminate against you for exercising your rights under the CCPA, including by denying service, suggesting that you will receive, or charging, different rates for services or suggesting that you will receive, or providing, a different level or quality of service to you.

How to Exercise Your Rights: To exercise any of your rights under the CCPA, or to access this notice in an alternative format, please submit a request on your behalf using any of the methods set forth in the Contact us section below.

Contact us

For any requests relating to the exercise of your rights under the CCPA, or questions regarding our processing of your personal information, please submit or have your authorized representative submit a request using any of the methods set forth below.

Email us at the following email address: enquiries@aztecgroup.co.uk.

If you would like to contact us by telephone without incurring telephone charges, please submit your request and telephone number by email at compliance at inquiries@aztecgroup.com, and we will call you between 9 a.m. and 6 p.m. Eastern Standard Time.

We will contact you to confirm receipt of your request under the CCPA and request any additional information necessary to verify your request. We verify requests by matching information provided in connection with your request to information contained in our records. Depending on the sensitivity of the request and the varying levels of risk in responding to such requests (for example, the risk of responding to fraudulent or malicious requests), we may request further information in order to verify your request. You may designate an authorized agent to make a request under the CCPA on your behalf, provided that you provide a signed agreement verifying such authorized agent’s authority to make requests on your behalf, and we may verify such authorized person’s identity using the procedures above.

Our goal is to respond to any verifiable consumer request within forty-five (45) days of our receipt of such request, but in certain cases, additional time might be required. Please contact enquiries@aztecgroup.co.uk with any questions about this California Website Privacy Policy.

Privacy Notice for Candidates

Welcome to the Aztec Group’s privacy notice regarding personal data.

This notice, which we will refer to as the “Notice”, is addressed to prospective employees, workers, contractors, secondees, students, interns (“you”). It makes you aware of how and why your personal data will be used, namely for the purposes of recruitment (or other selection) exercises, and for how long it will usually be retained.

Any data that relates to you, or from which you can be identified, is known as “personal data”. It does not include data where the identity has been removed (anonymous data). Aztec is the controller of that data and is therefore required to provide you with this Notice.Aztec respects your privacy and is committed to protecting your personal data. This Notice will inform you as to how we look after your personal data and tell you about your privacy rights and how the law protects you.

Please also use the Glossary to understand the meaning of some of the terms used in this Notice.

1.  IMPORTANT INFORMATION AND WHO WE ARE
2.  THE DATA WE COLLECT ABOUT YOU
3.  HOW IS YOUR PERSONAL DATA COLLECTED?
4.  HOW WE USE YOUR PERSONAL DATA
5.  DISCLOSURES OF YOUR PERSONAL DATA
6.  INTERNATIONAL TRANSFERS
7.  DATA SECURITY
8.  DATA RETENTION
9.  YOUR LEGAL RIGHTS
10.  GLOSSARY

1.  Important Information and Who We Are

Purpose of This Privacy Notice

This Notice aims to give you information on how Aztec collects and processes your personal data.

It is important that you read this Notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This Notice supplements the other privacy notices and is not intended to override them.

Controller

Aztec is made up of different legal entities, details of which can be found here. This Notice is issued on behalf of the Aztec Group so when we mention “Aztec”, “we”, “us” or “our” in this Notice, we are referring to the relevant company in the Aztec Group that has collected your data. That company will be the controller of your data (the “data controller”) and be the party who determine the purpose for which your data is processed and how it is processed. “Processing” includes any operation or set of operations performed on personal data (e.g. collection, recording, organisation, structuring, storage, adaptation, alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure and destruction).

If you have any questions about this Notice, including any requests to exercise your legal rights, please contact us using the details set out below.

Contact Details

Email address: dataprotection@aztecgroup.eu

Postal address: Aztec Group House, PO Box 730, 11 -15 Seaton Place, St Helier, Jersey JE4 0QH

You have the right to make a complaint in relation to data protection issues at any time to the Information Commissioner’s Office in the UK, the Data Protection Authority in Jersey the Data Protection Authority in Guernsey, the National Commission for Data Protection in Luxembourg or the Data Protection Authority in the Netherlands (Autoriteit Persoonsgegevens). We would, however, appreciate the chance to deal with your concerns before you approach one of these supervisory authorities so please contact us in the first instance.

Changes to This Privacy Notice and Your Duty to Inform Us Of Changes

This Notice is effective from 25 May 2018. We will post any material changes that we may make to this Notice in the future on our website and, where appropriate, we will notify you of the change by email.

2.  The Data We Collect About You

We may collect, use, store and transfer different kinds of personal data about you which we have groupedtogether follows:

  • Identifying information (e.g. name(s), preferred name(s), nickname(s), date of birth / age, nationality, race, religion, languages spoken, gender).
  • Contact information (e.g. postal address, telephone number, email address and social media profile details).
  • Family information (e.g. marital status).
  • Professional information (e.g. CV & reference information, interview content, selection process evaluations and/or results, professional memberships, names of current and former employers, education history and qualifications obtained or currently undertaking, “right to work” documentation).
  • Communications information (e.g. information communicated in emails).

Special Category Data

As part of the data collected and stored, we may also use “special categories” of more sensitive personal data, which include: data about your race or ethnicity, religious beliefs, sexual orientation and political opinions; health data (including any medical condition, health and sickness records); and information about criminal convictions and offences. In this Notice, we refer to these as “special category data”. Special category data requires higher levels of protection.

Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public.

We do not need your consent if we use special category data in accordance with our written policy to carry out our legal obligations or exercise specific rights in the field of employment law. In limited circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive data. If we do so, we will provide you with full details of the data that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. You should be aware that it is not a condition of your contract with us that you agree to any request for consent from us.

Information about criminal convictions

We may only use information relating to criminal convictions where the law allows us to do so. This will usually be where such processing is necessary to carry out our obligations and provided we do so in line with our data protection policy.

Less commonly, we may use information relating to criminal convictions where it is necessary in relation to legal claims, where it is necessary to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public. We envisage that we will hold information about unspent criminal convictions.

We have in place an appropriate policy document and safeguards which we are required by law to maintain when processing such data.

If You Fail to Provide Personal Data

If you fail to provide certain data when requested, which is necessary for us to consider your application (such as evidence of qualifications or work history), we will not be able to process your application successfully. For example, if we require a credit check or references for the place or role, and you fail to provide us with relevant details, we will not be able to take your application further.

3.  How Is Your Personal Data Collected?

Typically, we collect data from you directly; through the application and recruitment process, for example. Sources of data collection include: CVs, covering letters to applications, application form contents, information provided during interviews or other steps in a selection process, evaluation and/or test results.

We may sometimes collect your data (to include Identifying, Contact, Professional and special category data) from third parties including employment agencies, former employers, credit reference agencies or other background check agencies.

CCTV. If you attend any of our offices, your image may be captured on our CCTV system. We operate a CCTV system to protect our buildings and assets from damage, for the personal safety of our staff and visitors and to support law enforcement bodies in the prevention, detection and prosecution of crime.

4.  How We Use Your Personal Data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • Where, in the context of the fields of employment, tax or social security, we exercise a right conferred, or comply with an obligation imposed, upon us by the law.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

Because it would be beneficial to our business to appoint someone to the place or role that is the subject of the recruitment and selection exercise, it is in our legitimate interests to undertake a process to determine whether to appoint you to the place or role. We also need to process your personal information to decide whether to enter into a contract with you.

Having received your application documentation, together with any results from assessments undertaken, we will then process that information to decide whether you meet the basic requirements to be shortlisted for the place or role. If you do, we will decide whether your application is strong enough to invite you for an interview. If an interview is conducted, we will use the information you provide to us at the interview to decide whether to offer you employment with the Group. If we decide to make you an offer of employment, we will ask you for your consent to share your personal details with our pre-screening provider who will conduct the necessary pre-screening for your employment. Please note that pre-employment screening is a requirement of your employment with the Group.

Click here to find out more about the types of lawful basis that we will rely on to process your personal data.

Generally, we do not rely on consent as a legal basis for processing your personal data. Where we do, you have the right to withdraw consent at any time by contacting us.

Purposes For Which We Will Use Your Personal Data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/ActivityType of dataLawful basis for processing including basis of legitimate interest
Recruitment and selection (assess skills, qualifications, suitability for the place
or role)
(a) Identifying
(b) Contact
(c) Professional
(d) Special category data (e.g. information
about disability in order to consider
appropriate adjustments during the
recruitment process)
(i) Employment and social security fields
(ii) Legal obligation
(ii) Legitimate interests
 Background and reference checks(a) Identifying
(b) Contact
(c) Professional
(d) Special category data
 (i) Legal obligation
(ii) Legitimate interests
Record-keeping relating to Aztec’s hiring processes(a) Identifying
(b) Contact
(c) Professional
(d) Special category data (e.g. information relating to equal opportunities and diversity)
 (i) Legitimate interests
(ii) Public interest

Change of Purpose

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. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that 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.

5.  Disclosures of Your Personal Data

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

  • Internal Third Parties.
  • External Third Parties.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6.  International Transfers

We share your personal data within the Aztec Group. This will involve transferring your data within the European Economic Area (EEA) and to Jersey and Guernsey who are outside of the EEA but have been deemed to provide an adequate level of protection for personal data by the European Commission.

Many of our External Third Parties are based outside the EEA so their processing of your personal data will involve a transfer of data outside the EEA.

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

7.  Data Security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

8.  Data Retention

How Long Will You Use My Personal Data For?

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, accounting, or reporting requirements.

We will retain your personal information for a period of six months after we have communicated to you our decision about whether to appoint you. We retain your personal information for that period so that we can show, in the event of a legal claim, that we have not discriminated against candidates on prohibited grounds and that we have conducted the recruitment exercise in a fair and transparent way. After this period, we will securely destroy your personal information in accordance with our data retention policy.

If we wish to retain your personal information on file, on the basis that a further opportunity may arise in future and we may wish to consider you for that, we will write to you separately, seeking your explicit consent to retain your personal information for a fixed period on that basis.

In some circumstances we may anonymise your data so that it can no longer be associated with you, in which case we may use such information without further notice to you.

In some circumstances you can ask us to delete your data: see Request erasure below for further information.

9.  Your Legal Rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:

If you wish to exercise any of the rights set out above, please contact us.

No Fee Usually Required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What We May Need From You

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time Limit to Respond

We try to respond to all legitimate requests within four weeks. Occasionally it may take us longer than four weeks if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

10.  Glossary

Lawful Basis

Legitimate Interest means the interest of our business in conducting and managing our business. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

Third Parties

Internal Third Parties

Other companies in the Aztec Group and who are based in Jersey, Guernsey, Luxembourg, the UK and the Netherlands.

External Third Parties

  • Disclosure and Barring Services (via pre-employment screening)
  • Regulators

Your Legal Rights

You have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of
erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.

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