THE WATERMARK LIMITED (THE “COMPANY”)
CAYMAN ISLANDS PRIVACY NOTICE
The Company is an ordinary resident company incorporated in the Cayman Islands and is subject to its laws. The purpose of this notice is to provide you with information on the Company’s use of your personal data in accordance with the Cayman Islands Data Protection Law, 2017 (the “Data Protection Legislation“).
If you are an individual client, this will affect you directly. If you are an institutional client that provides us with personal data on individuals connected to you for any reason in relation to your relationship with us, this will be relevant for those individuals and you should transmit this document to such individuals or otherwise advise them of its content.
Your personal data will be processed by the Company, and by persons engaged by the Company. Under the Data Protection Legislation, you have rights, and the Company has obligations, with respect to your personal data. The purpose of this notice is to explain how and why the Company, and persons engaged by the Company, will use, store, share and otherwise process your personal data. This notice also sets out your rights under the Data Protection Legislation, and how you may exercise them.
Your personal data
By virtue of entering into a business relationship or transacting with the Company (including by enquiring about new developments and opportunities or requesting marketing materials from the Company, and ongoing interactions with the Company and persons engaged by the Company) or by virtue of you otherwise providing us with personal information on individuals connected with you as a client (for example directors, trustees, employees, representatives, shareholders, investors, clients, beneficial owners or agents), you may provide us with certain personal information which constitutes personal data within the meaning of the Data Protection Legislation.
In particular, you may provide us with personal information within the forms and any associated documentation that you complete when transacting with us; when you provide it to us or our service providers in correspondence and conversations (including by email); when you instruct deposits or payments for transactions with us; and when you provide other instructions.
We may also obtain personal data on you from other public accessible directories and sources. These may include websites; bankruptcy registers; tax authorities; governmental agencies and departments, and regulatory authorities, to whom we have regulatory obligations; credit reference agencies; sanctions screening databases; and fraud prevention and detection agencies and organisations, including law enforcement.
This includes information relating to you and/or any individuals connected with you as a client in the Company such as: name, residential address, email address, contact details, corporate contact information, signature, nationality, place of birth, date of birth, tax identification, credit history, correspondence records, passport number, bank account details, and source of funds details.
How the Company may use your personal data
The Company, as the data controller, may collect, store and use your personal data for purposes including the following.
The processing is necessary for the performance of a contract, including:
- processing transactions;
- sending you updates or statements relating to transactions; and
- facilitating the continuation or termination of the contractual relationship between you and the Company.
The processing is necessary for compliance with applicable legal or regulatory obligations, including:
- undertaking client due diligence including anti-money laundering and counter-terrorist financing checks, including verifying the identity and addresses of our clients (and, where applicable, their beneficial owners);
- sanctions screening and complying with applicable sanctions and embargo legislation;
- complying with requests from regulatory, governmental, tax and law enforcement authorities;
- maintaining statutory records or registers; and
- preventing and detecting fraud.
In pursuance of our legitimate interests, or those of a third party to whom your personal data are disclosed, including:
- complying with a legal, tax, accounting or regulatory obligation to which we or the third party are subject;
- assessing and processing requests you make;
- sending updates, information and notices or otherwise corresponding with you in connection with your business with the Company;
- investigating any complaints, or pursuing or defending any claims, proceedings or disputes;
- providing you with, and informing you about, new developments and opportunities;
- managing our risk and operations;
- complying with audit requirements;
- ensuring internal compliance with our policies and procedures;
- protecting the Company against fraud, breach of confidence or theft of proprietary materials;
- seeking professional advice, including legal advice;
- monitoring communications to/from us (where permitted by law); and
- protecting the security and integrity of our IT systems.
We will only process your personal data in pursuance of our legitimate interests where we have considered that the processing is necessary and, on balance, our legitimate interests are not overridden by your legitimate interests, rights or freedoms.
The Company continues to be a data controller even if it has engaged third parties to perform certain activities on the Company’s behalf.
Sharing your personal data
We may share your personal data with our affiliates and delegates. In certain circumstances we may be legally obliged to share your personal data and other financial information with respect to your business with the Company with relevant regulatory authorities such as the Cayman Islands Monetary Authority or the Tax Information Authority. They, in turn, may exchange this information with foreign authorities, including tax authorities and other applicable regulatory authorities.
The Company’s affiliates and delegates may process your personal data on the Company’s behalf and may be data controllers in their own right. The Company’s service providers are generally processors acting on the instructions of the Company. Additionally, a service provider may use your personal data where this is necessary for compliance with a legal obligation to which it is directly subject (for example, to comply with applicable law in the area of anti-money laundering and counter-terrorist financing or where mandated by a court order or regulatory sanction). The service provider, in respect of this specific use of personal data, acts as a data controller.
In exceptional circumstances, we will share your Personal Data with regulatory, prosecuting and other governmental agencies or departments, and parties to litigation (whether pending or threatened) in any country or territory.
Sending your personal data internationally
Due to the international nature of our business, your personal data may be transferred to jurisdictions that do not offer equivalent protection of personal data as under the Data Protection Legislation. In such cases, we will process personal data or procure that it be processed in accordance with the requirements of the Data Protection Legislation, which may include having appropriate contractual undertakings in legal agreements with service providers who process personal data on our behalf.
Retention and deletion of your personal data
We will keep your personal data for as long as it is required by us. For example, we may require it for our legitimate business purposes, to perform our contractual obligations, or where law or regulation obliges us. We will generally retain your personal data throughout the lifecycle of your business relationship with the Company. Some personal data will be retained after your relationship with us ends. We expect to delete your personal data (at the latest) once there is no longer any legal or regulatory requirement or legitimate business purpose for retaining your personal data.
We will not take decisions producing legal effects concerning you, or otherwise significantly affecting you, based solely on automated processing of your personal data, unless we have considered the proposed processing in a particular case and concluded in writing that it meets the applicable requirements under the Data Protection Legislation.
You have certain data protection rights, including the right to:
- be informed about the purposes for which your personal data are processed;
- access your personal data;
- stop direct marketing;
- restrict the processing of your personal data;
- have incomplete or inaccurate personal data corrected;
- ask us to stop processing your personal data;
- be informed of a personal data breach (unless the breach is unlikely to be prejudicial to you);
- complain to the Data Protection Ombudsman; and
- require us to delete your personal data in some limited circumstances.
We are committed to processing your personal data lawfully and to respecting your data protection rights. Please contact us if you have any questions about this notice or the personal data we hold about you. Our contact details are: [email protected] marking your communication “Data Protection Enquiry”.