Privacy Policy

Martello Asset Management Limited (also referred to as “Martello”, “us”, “we” and “our”) is committed to protecting the privacy of the people that we receive information about. This means that we take steps to lawfully, fairly and transparently process any personal data that is made available to us, in accordance with the Data Protection (Jersey) Law 2018 (the “DPJL”).

This Privacy Notice (“Notice”), together with the website Terms and Conditions of Use  sets out the basis on which we will process your personal data. 

When we refer to “personal information” or “personal data”, which we use interchangeably in this Notice we mean information which identifies you as an individual or is capable of doing so.

Please read this Notice carefully. By providing your personal data to us and/or applying to use our services, you acknowledge that your personal data will be used in accordance with this Notice, and our Terms and Conditions of Use.

This Notice is subject to review from time to time to reflect any changes in the way that we process your personal data

Why We Collect Data

The DPJL requires Martello to have one or more of the following reasons to hold and process your data:

• To fulfil a contract that we have with you
• When it is our legal duty
• When it is in our legitimate interest
• When you consent to it. You can withdraw consent by contacting us at any time. If you do so we may not be able to offer our services to you.

Your Rights

Martello is registered with the Jersey Office of the Information Commissioner and is the data controller as defined under the DPJL.

You have a number of rights with regard to the information we hold about you, as set out below:

• To ask us not to process your personal data for marketing purposes;
• To access personal information held about you and to obtain a copy of it;
• To request the rectification or completion of personal data if inaccurate or incomplete;
• To require us to erase your personal data (right to be forgotten)
• To restrict or object to the processing of your personal data;
• In certain circumstances, to receive from us your personal data, which you have provided to us, in a reasonable format as specified by you, including for the purposes of sending that personal data to another data controller;
• To lodge a complaint about the way in which your personal data is being used to the Jersey Office of the Information Commissioner.

Where we rely on your consent to use your personal data, you have the right to withdraw that consent at any time.

When you contact us to exercise any of the rights above, we may ask you to provide some additional information in order to verify your identity, such as your name, your address and proof of identity. We may also continue to hold and process your personal data to meet our contractual , legal and regulatory obligations.

Should you require additional information or wish to lodge a complaint, relevant details for Jersey’s Office of the Information Commissioner can be located https://jerseyoic.org. 

Data Protection Principles

Martello will make sure that all personal information collected is processed applying the 6 principles of good information handling:

• Used lawfully, fairly and transparently
• Used for specified, explicit and legitimate purposes
• Used in a way that is adequate, relevant and limited to only what is necessary
• Accurate and, where necessary, kept up to date
• Kept for no longer than is necessary
• Handled in a way that ensures appropriate security, including protection against unlawful or unauthorised processing, access, loss, destruction or damage

There is stronger legal protection for sensitive information which is also known as special category data, such as:

• race
• ethnic background
• political opinions
• religious beliefs
• trade union membership
• genetics or biometrics (where used for identification)
• health
• sex life or orientation
• criminal record or alleged criminal activity

if sensitive information is held then more security to this data shall be applied.

How We Collect Your Information

We may collect personal information about you in a number of ways:

• You, or someone acting on your behalf such as an adviser or agent, enquires about our services;
• You register with us, or apply to use any of our services, or contact us in person, by telephone, by e-mail, through our website, or by post;
• You become our client and we go on to provide services to you;
• We receive some personal data about you through the course of providing services to one of our clients, for example if you are the professional adviser, guardian or attorney of one of our clients, or a relative, or an associate (such as the employer) of one of our clients and we receive your personal data whilst providing services to them;
• From other parties in our Group;
• From publicly available sources or from third parties if we need to do background checks about you.

Information may also be collected about you when you visit our websites (for example via cookies), such as your IP address and other browser-generated information. More information about this can be found in our website Terms and Conditions of Use.

In order for us to provide services to our clients, we may need to process some personal data about other people who are connected to them (third parties). Typically, the personal data of third parties we will collect will either be provided to us directly by the third party or provided to us by our client or their representative (for example, because records about our clients’ affairs also contain personal data about third parties).

What Information We May Collect

We may collect the following information:

• Your contact details, such as your name, address, telephone number and email address;
• Your date and place of birth, nationality, country of residence, employment status, tax residence and identification number;
• Gender and marital status
• Passport details, driving licence and utility bills;
• Details of the services you request from us;
• Details of any records held by financial crime prevention agencies and organisations providing this data;
• Details of your employment status, income, tax status, financial affairs, source of funds and source of wealth;
• An understanding of your investment experience and financial objectives;
• Information to assess whether you represent a terrorist or money laundering risk, which might include information about prior criminal convictions, if you are a politically exposed person or have regulatory sanctions imposed.

If you have requested information or a service from us, we will not be able to provide it without certain information, such as your contact details. Before we can begin providing you with our services, we need to obtain certain information about you, so that we can verify your identity in order for us to meet our obligations under the Money Laundering (Jersey) Order 2008 (the “Money Laundering Regulations”) and any other applicable legislation and for the purposes of crime prevention and fraud prevention. You are obliged to provide this information and if you do not provide it, we will be unable to provide you with our services.

There are special categories of data that the law recognises merit higher protection than other categories of personal information. We will never invite you, or any other parties, to provide such data to us about you whilst providing services to you.

How We Will Use Your Information

We may use information held about you in the following ways:

• To process your application to use our services;
• In the case of a third party whose personal information is provided to us, to process a potential client’s application to use our services;
• To undertake checks such as identification verification checks with fraud prevention agencies to enable us to comply with anti-money laundering obligations and for the purposes of crime prevention and fraud prevention;
• To comply with our obligations arising from contracts entered into between you and us, including the Terms and Conditions, and to provide the information, products and services that you request from us;
• To help protect your information and prevent unauthorised access to it;
• To deal with any queries, complaints or problems reported by you;
• For the management and administration of our business, including payment verification;
• To present content on our website in the most effective manner for you and your computer/device;
• To seek advice on our own rights and obligations, such as taking legal advice;
• To notify you of changes to our services and to help improve the services we provide to you
• To provide you with information about other services we offer that are similar to those that you have already engaged us to provide or enquired about. You may opt out of receiving this information when we collect your details or at any time by contacting us using the contact details below;

Unless otherwise stated in this Notice, the legal basis for our use of your personal data will be that this information is required for one or more of the legitimate interests described above, except where we require your consent to use your personal data for a specific purpose.

How We Protect Your Information

We take appropriate security measures (including physical, electronic and procedural measures) to help protect the confidentiality, integrity and availability of your personal information from unauthorised access and disclosure. For example, only authorised employees are permitted to access personal information, and they may do so only for permitted business functions. In addition, we use firewalls to help prevent unauthorised persons from gaining access to your personal information.

Sharing Your Information

We may disclose your information:

• To businesses that are legally part of the same group of companies as Martello;
• To your appointed agent, trustees, advisers or intermediaries, and where the investments we manage on your behalf are held via an insurance company, custodian, investment platform or third party manager and administrator, to the providers and auditors of these services;
• To the Jersey Financial Services Commission or any relevant regulatory authority where they are entitled to require disclosure;
• To any relevant tax authority or law enforcement agency when required to do so;
• To investigate or prevent fraud or activities believed to be illegal or otherwise in breach of applicable law;
• To third parties including brokers, custodians of your assets, IT providers, and other administration providers in order to provide our services to you;
• To our appointed auditors, accountants, lawyers and other professional advisers, to the extent that they require access to the information in order to advise us;
• To fraud prevention agencies and other organisations to allow us to undertake the checks set out below. We will supply details of such agencies on request;

If Martello or substantially all of its assets are acquired by a third party, personal data held by it about its clients may be one of the transferred assets. However, we will not lend or sell your information to third parties.

Fraud and Crime Prevention

As part of our application process, we will arrange for checks to be carried out using your personal data, such as your name, address, date of birth, and passport number. We need to carry out these checks in order to meet our obligations under Anti-Terrorism laws and Money Laundering Regulations. 

The information obtained from these checks is used by us (together with information provided by you or your Professional Adviser in your application) to determine if an account can be opened, whether further information is required, or the application is rejected. 

We may carry out further periodic checks during the course of our relationship with you to verify the information we hold remains correct and that there has been no change in your status.

If false or inaccurate information is provided and fraud is identified or reasonably suspected, details will be passed to the relevant law enforcement agencies.

Data Retention

We will retain your personal data as long as we need to in order to fulfil the relevant purpose(s) it was collected for, as set out above in this Notice, and for as long as we are required or permitted to keep it by law. In certain instances, we may retain all or part of your personal data for a period of 10 years after the end of our contractual relationship with you. This will include:

• Customer contracts;
• Information and documentation collected for identification and verification purposes in order to fulfil Martello’s obligations under the Money Laundering (Jersey) Order 2008;
• Complaints;
• Records of our interaction with you and on your behalf with service providers;
• Periodic statements (for example, valuations and custody statements).

Transferring Information Overseas

We may share your personal information with our service providers, and this may involve transferring it to countries outside Jersey whose data protection laws may not be as extensive as those which apply to us. Where we do so, we will ensure that we do this in accordance with the DPJL and take appropriate measures to ensure that the level of protection which applies to your personal information processed in these countries is similar to that which applies within Jersey.

We may transfer your personal information to other businesses within the BTG Group (sister companies) should there be a legitimate reason to do so or for the purpose of providing services to you.  It should be noted that an equivalent standard of data protection policies is applied across the BTG Group.

Cookies

Our website uses cookies to distinguish you from other users to enable us to provide you with a better experience when you browse our website and to allow us to improve our site.

Changes to Our Privacy Notice

We reserve the right to amend this Notice at any time. Any substantive changes we make to our Notice in the future will be notified to you in writing, and the most up-to-date version of it is available upon request.

Contacting Us

If you or any third party whose personal information you have supplied to us have any queries, comments or requests regarding this Notice or would like to exercise any of the rights set out above, our Data Protection Lead can be contacted at:

E-mail: compliance@martello-am.com
Telephone: + 44 (0) 1534 816110

The Data Protection Lead

Martello Asset Management Limited

Office 6

First Floor, IFC5

The Esplanade

St Helier, Jersey

JE2 3BY