Privacy Notice - how EFPG protects your personal data

1. Introduction
This privacy notice (the “Privacy Notice”) applies to all personal information processing activities carried out by European Financial Planning Group (EFPG).

1.1. EFPG is a data controller in respect of personal information that we process in connection with our business (including the products and services that we provide). In this notice, references to “we”, “us” or “our” are references to EFPG.

1.2. Our principal address is 15 Irish Town, Gibraltar GX11 1AA and our contact details can be located at efpg.net/

1.3. We respect individuals’ rights to privacy and to the protection of personal information. The purpose of this Privacy Notice is to explain how we collect and use personal information in connection with our business. “Personal information” means information about a living individual who can be identified from that information (either by itself or when it is combined with other information). We may update our Privacy Notice from time to time. When we do we will communicate any changes to you and publish the updated Privacy Notice on our website. We would encourage you to visit our website regularly to stay informed of the purposes for which we process your information and your rights to control how we process it.

2. The information we process

2.1. We collect and process various categories of personal information at the start of, and for the duration of, your relationship with us. We will limit the collection and processing of information to information necessary to achieve one or more legitimate purposes as identified in this notice. Personal information may include:

a) basic personal information, including name and address, date of birth and contact details;

b) financial information, including policy, transactional information and history;

c) information about your family, lifestyle and social circumstances (such as dependents, marital status, next of kin and contact details);

d) information about your financial circumstances, including personal wealth, assets and liabilities, proof of income and expenditure, credit and borrowing history and needs and goals;

e) education and employment information;

f) goods and services provided;

g) visual images and personal appearance (such as copies of passports); and

h) online profile and social media information and activity, based on your interaction with us and our websites and applications, including for example, internet Protocol (IP) address, searches, site visits and transaction patterns.

2.2 We may also process certain special categories of information for specific and limited purposes, such as detecting and preventing financial crime or to make our services accessible to customers. We will only process special categories of information where we’ve obtained your explicit consent or are otherwise lawfully permitted to do so (and then only for the particular purposes and activities set out at Schedule A for which the information is provided). This may include:

a) information about racial or ethnic origin;

b) religious or philosophical beliefs;

c) trade union membership;

d) physical or psychological health details or medical conditions; and

e) biometric information, relating to the physical, physiological or behavioural characteristics of a person, including, for example, using voice recognition or similar technologies to help us prevent fraud and money laundering.

2.3 Where permitted by law, we may process information about criminal convictions or offences and alleged offences for specific and limited activities and purposes, such as to perform checks to prevent and detect crime and to comply with laws relating to money laundering, fraud, terrorist financing, bribery and corruption, and international sanctions. It may involve investigating and gathering intelligence on suspected financial crimes, fraud and threats and sharing data between third parties and with law enforcement and regulatory bodies.

3. How we obtain information

3.1 Your information is made up of all the financial and personal information we collect and hold about you/your business and the proprietors, officers and beneficial owners of that business and your transactions. It includes:

a) information you give to us;

b) information that we receive from third parties – including other EFPG companies, third parties who provide services to you or us, credit reference, fraud prevention or government agencies;

c) information that we learn about you through our relationship with you and the way you operate your policies and/or services;

d) information that we gather from the technology which you use to access our services (for example an IP address or telephone number) and how you use it; and

e) information that we gather from publicly available sources, such as the press, the electoral register, company registers and online search engines.

4. Your rights

4.1 We want to make sure you are aware of your rights in relation to the personal information we process about you. We have described those rights and the circumstances in which they apply in the section below. If you wish to exercise any of these rights, if you have any queries about how we use your personal information that are not answered here, or if you wish to complain to our Data Protection Officer, please contact us at (+350) 200 49750.

4.2 Please note that in some cases, if you do not agree to the way we process your information, it may not be possible for us to continue to operate your policy and/or provide certain products and services to you.

Rights and their descriptions

Access – You have a right to get access to the personal information we hold about you. If you would like a copy of the personal information we hold about you, please write to: European Financial Planning Group, Subject Access Requests, 15 Irish Town, Gibraltar GX11 1AA, or contact us at (+350) 200 47950.

Rectification – You have a right to rectification of inaccurate personal information and to update incomplete personal information. If you believe that any of the information that we hold about you is inaccurate, you have a right to request that we restrict the processing of that information and to rectify the inaccurate personal information. Please note that if you request us to restrict processing your information, we may have to suspend the operation of your policy and/or the products and services we provide to you.

Erasure – You have a right to request that we delete your personal information. You may request that we delete your personal information if you believe that:

• we no longer need to process your information for the purposes for which it was provided;
• we have requested your permission to process your personal information and you wish to withdraw your consent; or
• we are not using your information in a lawful manner.

Please note that if you request us to delete your information, we may have to suspend the operation of your policy and/or the products and services we provide to you.

Restriction – You have a right to request us to restrict the processing of your personal information. You may request us to restrict processing your personal information if you believe that:

• any of the information that we hold about you is inaccurate;
• we no longer need to process your information for the purposes for which it was provided, but you require the information to establish, exercise or defend legal claims; or
• we are not using your information in a lawful manner.

Please note that if you request us to restrict processing your information, we may have to suspend the operation of your policy and/or the products and services we provide to you.

Portability – You have a right to data portability. Where we have requested your permission to process your personal information or you have provided us with information for the purposes of entering into a contract with us, you have a right to receive the personal information you provided to us in a portable format. You may also request us to provide it directly to a third party, if technically feasible. We’re not responsible for any such third party’s use of your policy information, which will be governed by their agreement with you and any privacy statement they provide to you. If you would like to request the personal information you provided to us in a portable format, please write to or contact us at: European Financial Planning Group, Subject Access Requests, 15 Irish Town, Gibraltar GX11 1AA, or contact us at (+350) 200 47950.

Objection – You have a right to object to the processing of your personal information. You have a right to object to us processing your personal information (and to request us to restrict processing) for the purposes described in Section C of Schedule A – Purposes of Processing (below), unless we can demonstrate compelling and legitimate grounds for the processing, which may override your own interests or where we need to process your information to investigate and protect us or others from legal claims. Depending on the circumstances, we may need to restrict or cease processing your personal information altogether, or, where requested, delete your information. Please note that if you object to us processing your information, we may have to suspend the operation of your policy and/or the products and services we provide to you.

Marketing – You have a right to object to direct marketing. You have a right to object at any time to processing of your personal information for direct marketing purposes, including profiling you for the purposes of direct marketing. For more information see Section 9.

Withdraw consent – You have a right to withdraw your consent. Where we rely on your permission to process your personal information, you have a right to withdraw your consent at any time. We will always make it clear where we need your permission to undertake specific processing activities.

Lodge complaints – You have a right to lodge a complaint with the regulator. If you wish to raise a complaint on how we have handled your personal information, you can contact our Data Protection Officer who will investigate the matter. We hope that we can address any concerns you may have, but you can always contact the Gibraltar Regulatory Authority, 2nd floor, Eurotowers 4, 1 Europort Road, Gibraltar.

(+350) 20074636 (+350) 20072166 ifo@gra.gi

5. Changes to the way we use your information

From time to time we may change the way we use your information. Where we believe you may not reasonably expect such a change we will notify you and will allow a period of at least 30 days for you to raise any objections before the change is made. However, please note that in some cases, if you do not agree to such changes it may not be possible for us to continue to operate your policy and/or provide certain products and services to you.

6. How we use and share your information with other EFPG companies

We will only use and share your information where it is necessary for us to lawfully carry out our business activities. Your information may be shared with and processed by other EFPG companies. We want to ensure that you fully understand how your information may be used. We have described the purposes for which your information may be used in detail in a table in Schedule A – Purposes of Processing.

7. Sharing with third parties

7.1 We will not share your information with anyone outside EFPG except:

a) where we have your permission;

b) where required for your product or service;

c) where we are required by law and by law enforcement agencies, judicial bodies, government entities, tax authorities or regulatory bodies around the world;

d) with other third parties where required by law to help recover funds that have entered your policy as a result of a misdirected payment by such a third party;

e) with third parties providing services to us, such as market analysis and benchmarking, correspondent banking, and agents and sub-contractors acting on our behalf;

f) with banks to help trace funds where you are a victim of suspected financial crime and you have agreed for us to do so, or where we suspect funds have entered your policy as a result of a financial crime;

g) with debt collection agencies;

h) with credit reference and fraud prevention agencies;

i) with third-party guarantors or other companies that provide you with benefits or services (such as insurance cover) associated with your product or service;

j) where required for a proposed sale, reorganisation, transfer, financial arrangement, asset disposal or other transaction relating to our business and/or assets held by our business;

k) in anonymised form as part of statistics or other aggregated data shared with third parties; or

l) where permitted by law, it is necessary for our legitimate interests or those of a third party, and it is not inconsistent with the purposes listed above.

7.2 If you ask us to, we will share information with any third party that provides you with policy information or payment services. If you ask a third party provider to provide you with policy information or payment services, you’re allowing that third party to access information relating to your policy. We’re not responsible for any such third party’s use of your policy information, which will be governed by their agreement with you and any privacy statement they provide to you.

7.3 In the event that any additional authorised users are added to your policy, we may share information about the use of the policy by any authorised user with all other authorised users.

7.4 In the event that you link your assets and liabilities with your immediate family under a Fee Family, the sum of the combined assets and liabilities held within the Fee Family may be shared with other members of the Fee Family. In some instances this may allow other members of the Fee Family to calculate the combined assets and liabilities you hold with us.

7.5 EFPG will not share your information with third parties for their own marketing purposes without your permission.

8. Transferring information overseas

8.1 We may transfer your information to organisations in other countries (including to other EFPG companies) on the basis that anyone to whom we pass it protects it in the same way we would and in accordance with applicable laws.

8.2 In the event that we transfer information to countries outside of the European Economic Area (which includes countries in the European Union as well as Iceland, Liechtenstein and Norway), we will only do so where:

a) the European Commission has decided that the country or the organisation we are sharing your information with will protect your information adequately;

b) the transfer has been authorised by the relevant data protection authority; and/or

c) we have entered into a contract with the organisation with which we are sharing your information (on terms approved by the European Commission) to ensure your information is adequately protected. If you wish to obtain a copy of the relevant data protection clauses, please contact us at (+350) 200 49750.

9. Marketing information

Unless you have told us that you do not want to hear from us, we will send you relevant marketing information (including details of other products or services provided by us or other EFPG companies which we believe may be of interest to you), by mail, phone, email, text and other forms of electronic communication. If you change your mind about how you would like us to contact you or you no longer wish to receive this information, you can tell us at any time by contacting us at (+350) 200 49750.

10. Communications about your policy

10.1 We will contact you with information relevant to the operation and maintenance of your policy (including updated information about how we process your personal information), by a variety of means including via online banking, mobile banking, email, text message, post and/or telephone. If at any point in the future you change your contact details you should tell us promptly about those changes.

10.2 We may monitor or record calls, emails, text messages or other communications in accordance with applicable laws for the purposes outlined in Schedule A – Purposes of Processing.

11. Due Diligence and fraud prevention agencies

11.1 We may access and use information from third parties and fraud prevention agencies when you apply and periodically to:

a) prevent criminal activity, fraud and money laundering;

b) check your identity and verify the accuracy of the information you provide to us.

11.2 Application decisions may be taken based solely on automated checks of information from third parties and fraud prevention agencies and internal EFPG records. You have rights in relation to automated decision making, including a right to appeal if your application is refused.

11.3 We will continue to share information with third parties about how your policy balance, payments into your policy, the regularity of payments being made, and any arrears or default in making payments, while you have a relationship with us.

11.4 If false or inaccurate information is provided and/or fraud is identified or suspected, details will be passed to fraud prevention agencies. Law enforcement agencies and other organisations may access and use this information.

11.5 If we, or a fraud prevention agency, determine that you pose a fraud or money laundering risk, we may refuse to provide the services, or we may stop providing existing services to you.

11.6 A record of any fraud or money laundering risk will be retained by the fraud prevention agencies, and may result in others refusing to provide services, financing or employment to you. Fraud prevention agencies can hold your information for different periods of time, and if you are considered to pose a fraud or money laundering risk, your data can be held for up to six years.

11.7 When third parties and fraud prevention agencies process your information, they do so on the basis that they have a legitimate interest in preventing fraud and money laundering, and to verify identity, in order to protect their business and to comply with laws that apply to them.

11.8 If you would like a copy of your information held by third parties and fraud prevention agencies we use, or if you want further details of how your information will be used by third parties, please visit their websites.

12. How long we keep your information

12.1 By providing you with products or services, we create records that contain your information, such as customer policy records, activity records and tax records. Records can be held on a variety of media (physical or electronic) and formats.

12.2 We manage our records to help us to serve our customers well (for example for operational reasons, such as dealing with any queries relating to your policy) and to comply with legal and regulatory requirements. Records help us demonstrate that we are meeting our responsibilities and to keep as evidence of our business activities.

12.3 Retention periods for records are determined based on the type of record, the nature of the activity, product or service, the country in which the relevant EFPG company is located and the applicable local legal or regulatory requirements. We (and other EFPG companies) normally keep customer account records for up to six years after your relationship with EFPG ends, whilst other records are retained for shorter periods, for example 12 months for call recordings. Retention periods may be changed from time to time based on business or legal and regulatory requirements.

12.4 We may on exception retain your information for longer periods, particularly where we need to withhold destruction or disposal based on an order from the courts or an investigation by law enforcement agencies or our regulators. This is intended to make sure that EFPG will be able to produce records as evidence, if they’re needed.

12.5 If you would like more information about how long we keep your information, please contact us at (+350) 200 49750.

13. Security

We are committed to ensuring that your information is secure with us and with the third parties who act on our behalf. For more information about the steps we are taking to protect your information please visit contact us at (+350) 200 49750.

Schedule A – Schedule of Purposes of Processing

We will only use and share your information where it is necessary for us to carry out our lawful business activities. Your information may be shared with and processed by other EFPG companies. We want to ensure that you fully understand how your information may be used. We have described the purposes for which your information may be used in detail as below:

A. Contractual necessity

We may process your information where it is necessary to enter into a contract with you for the provision of our products or services or to perform our obligations under that contract. Please note that if you do not agree to provide us with the requested information, it may not be possible for us to continue to operate your policy and/or provide products and services to you. This may include processing to:

a) assess and process applications for products or services;

b) provide and administer those products and services throughout your relationship with EFPG, including opening, setting up or closing your policies or products; collecting and issuing all necessary documentation; executing your instructions; processing transactions, including transferring money between policies; making payments to third parties; resolving any queries or discrepancies and administering any changes. Calls to EFPG companies may be recorded and monitored for these purposes;

c) manage and maintain our relationships with you and for ongoing customer service. This may involve sharing your information with other EFPG companies to improve the availability of our services.

d) communicate with you about your policy(s) or the products and services you receive from us.

B. Legal obligation

When you apply for a product or service (and throughout your relationship with us), we are required by law to collect and process certain personal information about you. Please note that if you do not agree to provide us with the requested information, it may not be possible for us to continue to operate your policy and/or provide products and services to you. This may include processing to:

a) confirm your identity;

b) perform checks and monitor transactions and location data for the purpose of preventing and detecting crime and to comply with laws relating to money laundering, fraud, terrorist financing, bribery and corruption, and international sanctions. This may require us to process information about criminal convictions and offences, to investigate and gather intelligence on suspected financial crimes, fraud and threats and to share data with law enforcement and regulatory bodies;

c) assess affordability and suitability of initial applications and throughout the duration of the relationship, including analysing customer credit data for regulatory reporting;

d) share data with third parties to help recover funds that have entered your policy as a result of a misdirected payment by such a third party;

e) share data with police, law enforcement, tax authorities or other government and fraud prevention agencies where we have a legal obligation, including reporting suspicious activity and complying with court orders;

f) deliver mandatory communications to customers or communicating updates to product and service terms and conditions;

g) investigate and resolve complaints;

h) conduct investigations into breaches of conduct and corporate policies by our employees;

i) manage contentious regulatory matters, investigations and litigation;

j) perform assessments and analyse customer data for the purposes of managing, improving and fixing data quality;

k) provide assurance that EFPG has effective processes to identify, manage, monitor and report the risks it is or might be exposed to;

l) investigate and report on incidents or emergencies on EFPG’s properties and premises;

m) coordinate responses to business-disrupting incidents and to ensure facilities, systems and people are available to continue providing services; and

n) monitor dealings to prevent market abuse.

C. Legitimate interests of EFPG Companies

We may process your information where it is in our legitimate interests do so as an organisation and without prejudicing your interests or fundamental rights and freedoms.

a) We may process your information in the day-to-day running of our business, to manage our business and financial affairs and to protect our customers, employees and property. It is in our interests to ensure that our processes and systems operate effectively and that we can continue operating as a business. This may include processing your information to:

I. monitor, maintain and improve internal business processes, information and data, technology and communications solutions and services;

II. ensure business continuity and disaster recovery and responding to information technology and business incidents and emergencies;

III. ensure network and information security, including monitoring authorised users’ access to our information technology for the purpose of preventing cyber-attacks, unauthorised use of our telecommunications systems and websites, prevention or detection of crime and protection of your personal data;

IV. provide assurance on EFPG’s material risks and reporting to internal management and supervisory authorities on whether EFPG is managing them effectively;

V. perform general, financial and regulatory accounting and reporting;

VI. protect our legal rights and interests;

VII. manage and monitor our properties for the purpose of crime prevention and prosecution of offenders, for identifying accidents and incidents and emergency situations and for internal training; and

VIII. enable a sale, reorganisation, transfer or other transaction relating to our business.

b) It is in our interest as a business to ensure that we provide you with the most appropriate products and services and that we continually develop and improve as an organisation. This may require processing your information to enable us to:

I. identify new business opportunities and to develop enquiries and leads into applications or proposals for new business and to develop our relationship with you;

II. send you relevant marketing information (including details of other products or services provided by us or other EFPG companies which we believe may be of interest to you);

III. understand our customers’ actions, behaviour, preferences, expectations, feedback and financial history in order to improve our products and services, develop new products and services, and to improve the relevance of offers of products and services by EFPG companies;

IV. monitor the performance and effectiveness of products and services;

V. assess the quality of our customer services and to provide staff training. Calls to EFPG companies may be recorded and monitored for these purposes;

VI. perform analysis on customer complaints for the purposes of preventing errors and process failures and rectifying negative impacts on customers;

VII. compensate customers for loss, inconvenience or distress as a result of services, process or regulatory failures;

VIII. identify our customers’ use of third party products and services in order to facilitate the uses of customer information detailed above; and

IX. combine your information with third-party data, such as economic data in order to understand customers’ needs better and improve our services.

We may perform data analysis, data matching and profiling to support decision-making with regards to the activities mentioned above. It may also involve sharing information with third parties who provide a service to us.

c) It is in our interest as a business to manage our risk and to determine what products and services we can offer and the terms of those products and services. It is also in our interest to protect our business by preventing financial crime. This may include processing your information to:

I. carry out financial, credit and insurance risk assessments;

II. manage and take decisions about your policies;

III. carry out checks (in addition to statutory requirements) on customers and potential customers, business partners and associated persons, including performing adverse media checks, screening against external databases and sanctions lists and establishing connections to politically exposed persons;

IV. share data with third parties, fraud prevention agencies and law enforcement agencies;

V. trace debtors and recovering outstanding debt;

VI. for risk reporting and risk management.

Application decisions may be taken based on solely automated checks of information from third parties and internal EFPG records. For more information on how we access and use information from credit reference and fraud prevention agencies see Section 11 – Due Diligence and fraud prevention agencies in this document.