Privacy notice

Your data

All individuals (“Data Subjects”) whose information (“Personal Data”) is processed by Chambers Smith Financial Planning Limited falls within the scope of this Fair Processing Notice. This Notice outlines in full what Personal Data we require, what we use it for, and why, as well as detailing your rights as a Data Subject and how, if necessary, you may make a complaint.

What we need

In order to provide our services, Chambers Smith Financial Planning Limited requires your Personal Data.

Under the EU’s General Data Protection Regulation, ‘Personal Data’ is defined as:

“any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person”.

This Personal Data could include details such as your name, your address, your date of birth, and your National Insurance number, amongst many other pieces of information including your financial and family information, including details of any dependants.

The provision of financial advice is not possible without your Personal Data, and it is necessary to process this Data for the performance of our contract. Once advice has been provided it is also necessary to process your Personal Data in order to meet legal obligations laid down by the Financial Conduct Authority. These obligations require Chambers Smith Financial Planning Limited to retain your Personal Data even after our business relationship has ended (please see ‘How Long We Will Keep It’).

Chambers Smith Financial Planning Limited may also require certain pieces of information about you that are deemed by the General Data Protection Regulation to be “Special Category”. The following types of Personal Data are classified as ‘Special Category’ (those marked with a * constitute the Special Category data that we may process should these be provided to us during the course of business or as a specific requirement of certain products, and those in bold marked with a * constitute the only Special Category data that we will require):

• Racial
• Ethnic origin
• Political Opinions*
• Religious Beliefs
• Trade-union membership
• Genetic Data
• Biometric Data
• Health Data*
• Data concerning a person’s sex life*
• Sexual orientation*
• Other

Consent is the legal basis for which Chambers Smith Financial Planning Limited will process ‘Special Category’ Data, and this must be explicitly given. If you have not already provided your explicit consent, we will request this via our Data Subject Consent Form.

If you provide us with Personal Data about somebody else, it is your responsibility to ensure you have a legal basis for doing so and that they have read and understood this Fair Processing Notice. Please note that we will take reasonable steps to provide any such person with a copy of this Notice.

Why we need It

In order for Chambers Smith Financial Planning Limited to provide you with financial advice we need to collect Personal Data for correspondence purposes, for the setting up of any recommended and accepted investments or other financial structures, and for detailed service provision.

We require certain types of Special Category Data (e.g., health information) in order to provide you with the most appropriate financial advice at any point during your lifetime. This information will also enable us to assist in ensuring that you meet any obligations to any financial services provider you enter into dealings with as a result of our service. Any other type of Special Category Data processed by us will either be used in order to continue to provide you with detailed service provision and the very best ongoing service possible or as part of specific product requirements e.g., life assurance.

In any event, we are committed to ensuring that the information we collect, and use is appropriate for this purpose and does not constitute an invasion of your privacy.

What we do with It

Chambers Smith Financial Planning Limited will process (meaning collect, store, and use) the information that you provide in a manner that is compatible with the EU’s General Data Protection Regulation (GDPR).

We will endeavour to keep your information accurate and up to date, and you have the right to request that we correct any of your information that you deem to be inaccurate. Please see ‘Right to Rectification’ for further information.

Our aim is not to be intrusive, and we undertake not to ask irrelevant or unnecessary questions. Moreover, we are committed to taking steps to ensure that the information you provide will be subject to rigorous measures and procedures to minimise the risk of loss, theft, and unauthorised access or disclosure. The Personal Data that we collect from you will be used for purposes including but not limited to:

• Verifying your identity and the accuracy of the data you have provided to us.
• Identifying, recommending, and arranging the most appropriate solutions for your financial needs.
• Providing an ongoing service of continuing care and advice.
• Where call recordings are concerned, enabling the provision of training for employees based upon real-life scenarios and their handling of these.
• Where call recordings are concerned, enabling us to ensure that you consistently receive the correct level of service relevant to your requirements from ourselves and relevant third parties.
• Contacting you on an ad-hoc or regular basis with vital updates pertaining to matters relevant to the above services, for example economic updates, changes to legislation.
• Contacting you on an ad-hoc or regular basis with event invitations or for marketing purposes.
• Contacting you once per year providing an invitation to enter our annual prize draw.

By providing your consent to our processing of your Personal Data, you are giving us permission to perform all the above actions. However, all actions relating to your investments, or any advice received from Chambers Smith Financial Planning Limited are performed under the lawful bases of performance of contract, legal obligation, or legitimate interests. For more information relating to this, please contact us at dataprotection@chamberssmith.co.uk.

You may withdraw consent from us contacting you regarding matters unrelated to your investments or any advice received from Chambers Smith Financial Planning Limited at any time (e.g., marketing). However, you will be unable to withdraw your consent to our processing of your data in relation to any financial advice provided as this processing relates to performance of a contract.

Your Personal Data may be used to make automated decisions. This will only ever be in relation to identity checks to ensure compliance with Anti-Money Laundering legislation.

How long we keep It

We will not keep your Personal Data for longer than is necessary. However, if we have provided you with financial advice, we will retain your Personal Data indefinitely alongside details of the advice provided in order to meet any future obligation that may arise relating to this advice. For a full copy of our Data Retention Policy please contact us at dataprotection@chambers-smith.co.uk.

Who is responsible for it?

All employees of Chambers Smith Financial Planning Limited who interact with data subjects and their Personal Data are responsible for ensuring that said data is processed correctly and lawfully in line with the requirements of the GDPR.

Our Data Protection Officer has overall responsibility for the security and correct usage of your Personal Data, as well as for ensuring that this notice is placed in front of you prior to the collection and processing of any of your Personal Data.

Chambers Smith Financial Planning Limited the security of your data seriously. It has internal policies and controls in place to ensure that your data is not lost, accidentally destroyed, misused or disclosed, and is not accessible except by our employees in the proper performance of their duties.

Who else has access to it?

In the course of dealing with you, we may pass your Personal Data on to Third Party service providers who are contracted with Chambers Smith Financial Planning Limited.

Our contractors are obliged to keep your details secure, and to use them only to fulfil the service requested. Once your service need has been satisfied or the case has been closed, they will dispose of your details in line with our firm’s procedure.

If we wish to pass your Special Category Data on to a third party we will only do so once we have obtained your consent, unless we are legally required to do so.

The types of third parties who may receive access to your Personal Data are limited to the below (a full list of names can be provided upon request):

• Financial services providers e.g., investment platforms and providers, discretionary fund managers, pensions providers.
• Secure disposal expert companies e.g., for the secure disposal of confidential waste.
• IT specialists e.g., for the provision of security to our server.
• Anti-Money Laundering verification services e.g., to verify your identity to allow entry into financial contracts and assist in the prevention of criminal activity, fraud and money laundering.
• Compliance professionals e.g., for auditing purposes.
• Regulatory bodies e.g., the Financial Conduct Authority.
• Solicitors or Accountants e.g., for the provision of expert services.
• Law enforcement agencies e.g., for the prevention and detection of crime.

Where is it transferred to?

Your Personal Data may be transferred to countries outside of the European Union during the provision of our service. Transfers will usually only ever be performed to companies providing a financial service or product.

When transferring personal data to countries or international organisations outside of the EU, our firm will ensure that an adequate level of protection has been established as follows:

• That the country (or industry sector within that country) of the recipient is on the EU approved list of countries as set out in the Official Journal of the European Union.
• That the country of the recipient has adequate data protection controls by virtue of legal or self-regulatory regime.
• We have a contract in place, which uses either existing or approved data protection clauses to ensure adequate protection.
• We are making the transfer under approved binding corporate rules.

We are relying on approved codes of conduct or certification mechanisms, together with binding and enforceable commitments in the third country or international organisation to apply the appropriate safeguards in relation to data subject rights.

What your rights are

You as the data subject hold a number of rights over your Personal Data beneath the GDPR. These are as follows:

Right of Access

You have the right to obtain access to, and copies of, all of the information that Chambers Smith Financial Planning Limited holds relating to you. Such a request can be made free of charge; however, we reserve the right to charge an administrative fee for subsequent identical or excessive requests. These requests can be made to dataprotection@chambers-smith.co.uk. A form will be issued to you by response for completion and return. All requested information will be provided to you within one month of our receipt of the completed form, in electronic format.

Right to Rectification

You have the right to request that your Personal Data is rectified if it is inaccurate or incomplete. Any requests for rectification can be made to dataprotection@chambers-smith.co.uk and we shall provide a full response within one month of receipt.

Right to Erasure

If the processing of your Personal Data did not lead to financial advice being provided, you have the right to request that this information is fully erased and that processing ceases. Requests can be made to dataprotection@chambers-smith.co.uk. We reserve the right to refuse any of these requests where financial advice has been provided in order to meet any future obligations relating to this advice.

Right to Restrict Processing

You have the right to request that the processing of your Personal Data is temporarily restricted to only storage if you believe that it is not accurate or if you have a legitimate objection to the processing. Requests can be made to dataprotection@chambers-smith.co.uk.

Right to Data Portability

You have the right to your data being portable and easily moved, should you ever wish to seek the services of another firm. Should you request this, we will be able to transfer your data free of charge and in a structured, commonly used format to yourself, another firm, or an individual of your choosing. Requests can be made to dataprotection@chambers-smith.co.uk and we shall provide a full response within one month of receipt. We reserve the right to retain copies of all of your information where financial advice has been provided.

Right to Object

You have the right to object to the processing of your Personal Data where you did not explicitly give consent, or where you are the recipient of direct marketing. Requests can be made to dataprotection@chambers-smith.co.uk. Whilst we will immediately cease any direct marketing upon receipt of a request relating to this, we reserve the right to refuse any request relating to processing without explicit consent if Chambers Smith Financial Planning Limited holds an alternative lawful basis for processing your data.

Children

All individuals under the age of 18 are classed as Children. If you have children, it may be necessary for us to process minimal amounts of their personal data in relation to providing you with the most appropriate advice possible. We may ask permission to process their names and potentially also their dates of birth if they are party to any legal documentation including Trusts. We may also ask permission to process contextual data about children as a result of meetings and / or conversations with the consenting adult. If this processing is to be required, we will always seek the consent of a parent or guardian, however we must always be able to verify that they are indeed the child or children’s parents. We will always seek to rely upon a legal basis of consent for the processing of children’s personal data.

We promise to never market to your children, or to contact them for any reason other than specifically related to your financial advice.

We request that you discuss with your child the concepts of data and our processing of their data. If you would like us to provide a simplified version of this Fair Processing Notice for children over the age of 12 please request this from dataprotection@chambers-smith.co.uk. Once your child / children reach the age of 18 they will be required to fully consent to the processing of their own data.

Children own all of the same rights as adults (as listed above). However, we are able to agree to fully erase and cease processing of their personal data at any time as long as they have not received financial advice and are not named on any legal document that may necessitate our processing. Requests can be made to dataprotection@chamberssmith.co.uk.

How you can complain

In the first instance we hope that you will raise any questions or concerns to our Data Protection Officer at dataprotection@chambers-smith.co.uk, who will do their best to reply as soon as possible. However, should the way that we have handled your personal data have caused you any dissatisfaction at all, you can contact us to have the matter investigated at dataprotection@chambers-smith.co.uk. Any expression of dissatisfaction shall be treated as a complaint and handled in the appropriate manner.

If you are not satisfied with our response or believe we are processing your personal data in a manner that runs against the law, you can complain directly to the Information Commissioner’s Office at https://ico.org.uk.

Changes to this fair processing notice

We may revise this Fair Processing Notice from time to time to reflect changes to our business or the laws we are subject to. Whenever this occurs, we will publish the updated Fair Processing Notice on our website at www.chambers-smith.co.uk.