James Hambro & Partners LLP (“JH&P”) is committed to protecting your privacy and ensuring you are fully aware of the information we may hold on you and how that information might be used in the course of providing services to you. This policy explains how we collect, process and safeguard your personal data.
For the purposes of data protection legislation, we are a Data Controller in respect of your personal data.
Information you provide us
We record different types of information that you provide to us, including:
- Name, address, date of birth, contact details, national insurance number, tax identification number;
- Financial information, including details of your assets and income and your bank account details;
- Information about contact with us – Meeting notes/hard copies etc.
- Information about other people (such as family members, including children, beneficiaries, representatives or professional advisers);
- Sensitive personal information, such as about your health, political affiliations or religious beliefs;
- Education and employment details
The information may be gathered during meetings or phone calls, or by completion of printed or online forms. By submitting these details to us, you confirm that you are entitled to share any personal information about other people and, where you are acting in a third party capacity, that you have received the necessary authorisations to share information on behalf of the underlying party.
We will continually review and asses the quality and quantity of personal information we hold and adhere to the rights granted to you under applicable privacy and data protection laws.
Information we gather from other sources about our clients
During the setup of the account, during the course of taking instructions from you or providing you with advice and in the following ways;
- Online services such as website access, access to online valuations;
- Information collected from third parties acting on your behalf, such as professional advisers.
- Information collected by third parties such as credit agencies, background check agencies and other online sources, and other publicly available information.
If you have authorised a third party to contact us or authorised us to contact a third party on your behalf you acknowledge we may receive and store additional information they provide us. When dealing with any third party in relation to your details, we will always undertake security clearance prior to any discussion.
Information collected for those visiting the website
We record information when visitors use our website. This includes:
- Information provided to us by visitors who fill out the contact form on the website;
- Information relating to visitors’ IP addresses including browser, time zone, plugins when connecting to our website;
- Information relating to the website usage, including the date and time of access, length of visit and interaction with pages; and
Recording phone calls
We may monitor or record phone calls with you in case we need to check we have carried out your instructions correctly, to resolve queries or issues, for regulatory purposes, to help improve our quality of service, and to help detect or prevent fraud or other crimes. Conversations may also be monitored for staff training purposes.
What do we use the information for?
We take your privacy seriously and we will only ever collect and use information which is personal to you where it is necessary, fair and lawful to do so. We share information between our investment management and financial planning teams in order to facilitate the uses set out below by each of them as appropriate. We will collect and use your information only where:
- required to carry out our obligations as a result of any contracts/investments entered into between you and us;
- it is in our legitimate interest, namely providing you with information that you request and with updates and marketing materials selected by you, and enabling the management of all matters relating to our business, but only where your interests and fundamental rights do not override those interests;
- to comply with our legal obligations, such as in respect of money laundering and financial crime legislation as well as any requirements issued by our regulators such as the FCA, SEC or HMRC;
- to provide you with information (by various means including but not limited to post, email and phone), products and services that you have requested from us or which we may reasonably believe would be of interest to you, by signing our client agreement you have consented to be contacted for such purposes
- where we need to protect your interests or someone else’s;
- for research and development of products and services; and
- where you have given consent and that consent has not subsequently been withdrawn.
We may also use your personal information in the following circumstances:
- Where it is in the public interest.
- To protect our, your or someone else’s legal rights.
Failure to provide certain information may mean we are unable to perform both our legal obligations and our contractual duties to you, such as executing transactions or making payments on your behalf.
Where we provide investment services you agree and acknowledge personal data will be shared with our underlying custodian on an ongoing basis.
What do we use the information collected on our website for?
- To administer the site and may include maintenance, data analysis
- To improve the navigation and content of the site
- For security purposes
- To allow you to participate in any interactive features which we may make available, should you choose to do so
Do we share data with anyone else?
In certain circumstances, we may share information with third parties but we will only do so in the following cases;
- where we have a legal obligation to do so or for the purposes of fraud protection and credit risk reduction;
- in order to enforce or apply our terms of business and any other contractual obligations;
- to protect us or our clients;
- to professional advisers or other representatives and service providers appointed by you;
- third party service providers, including contractors, or professional advisers appointed by us;
- regulatory bodies and government agencies, such as the FCA, HMRC, the SEC and the US Internal Revenue Service;
- law enforcement agencies.
Where is the Information Stored and Processed?
Your information is mainly stored and processed in the UK and European Economic Area (EEA).
We and, where relevant, our agents and delegates, may sometimes transfer your personal data to other countries outside of the European Economic Area (EEA). This may be, for example, in order to process transactions on your behalf, to provide reports or filings to relevant authorities and regulators, or where third party suppliers host their systems overseas. In those situations, the transfers will be in accordance with the legal requirements, such as:
- the country has been approved by the European Commission for this purpose;
- the recipient has signed a contract based on “model contractual clauses” approved by the European Commission, obliging them to protect your data;
- where the recipient is located in the US, it might be a certified member of the EU-US Privacy Shield scheme; or
- in other circumstances permitted by law.
You can obtain more details about the protection given to your personal data when it is transferred outside the EEA by contacting us.
How long will you keep the information?
Personal information that we process will be kept for no longer than necessary for the purposes for which we collected it. The retention period will be dependent on our legal obligations, the nature of your relationship with us, the purpose for which it was processed, and the nature and sensitivity of the information. For our clients, the retention period is based on our statutory obligations and most information will be held for a minimum of five years after our relationship with you ends.
How are we protecting the information?
We take information security extremely seriously and any information collected, processed or used in any way, whether online, through telephony, paper or by any other means, will have the appropriate security procedures covering the storage and disclosure of your personal data to prevent unauthorised access and to comply with our legal obligations. We use technologies such as (but not limited to) data encryption, firewalls and server authentication to protect the security of your data.
What are my rights?
In certain circumstances you have rights in relation to the personal data that we hold about you:
- You have the right to ask us not to use your personal data for direct marketing purposes.
- You have a right to obtain information on what personal data we have and how we process it.
- You have the right to access a copy of the personal data we hold. If you wish to receive this, you may make a data subject access request. We will not charge you for this request.
- You can ask for your information to be corrected if this is inaccurate or incomplete.
- You may ask for your information to be deleted. However, in certain circumstances we may be legally required to keep it.
- You can ask that we restrict the processing of your personal information for certain However, in certain circumstances we may be legally required to continue processing it for those purposes.
- In some circumstances you can ask to receive your data in a structured, commonly used and machine-readable format or ask for your data to be transferred to a third party where this is technically feasible. This only applies to data which you have provided to us.
- You can make a complaint to the data protection regulator (details below), if you think that we have infringed any of your rights.
Changes to the Policy
What if I am not happy?
You may also have the right to make a complaint at anytime to the Information Commissioner’s Office (ICO), the UK regulator for data protection issues.