Tomlinson Research (Tomlinson Research Limited, the “Company” or the “Firm”) understands and respects our stakeholders’ desire for privacy and we extend that courtesy to all visitors to our website. To this end, we would like you to know how we use any personal information you entrust to us.
Article 5 of the General Data Protection Regulation (GDPR (EU) 2016/679) states that Personal Data must be processed lawfully, fairly and in a transparent manner. In line with the GDPR changes, we are updating our Privacy Notice so you can better understand why and how we collect, process and destroy your data. We are committed to protecting and respecting your privacy. This policy sets out the legal basis on which any Personal Data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your Personal Data and how we will treat it.
What types of Personal Data do we collect?
We may control, process and use your Personal Data, which may include names, postal addresses, email addresses, telephone numbers or any other Personal Data that you provide to us. We may also, in appropriate cases and to the extent permitted by law, control, process and use certain special categories of Personal Data which are more confidential in nature (e.g. when undertaking “Know Your Customer” (KYC) or antin money laundering (AML) checks, we may collect information about any criminal conviction offence that you or the directors of any company might have committed). We do not intend to intentionally collect or process any Sensitive Data. By Sensitive Data we mean:
(a) data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, data concerning health or data concerning a natural person’s sex life; and (b) any other information that falls within the definition of “special categories of data” under Data Protection Laws or any other applicable law relating to privacy and data protection.
Identity of the Firm
Tomlinson Research Limited
Tomlinson Research Limited is a private limited company incorporated in England and Wales with registered number 08517955 whose registered office is 7th Floor, 7 Old Park Lane, London, W1K 1QR, United Kingdom.
Lawful basis for Processing
Where we act as Data Controller, we rely on the following legal basis for Processing your Personal Data:
Consent - if you are a recipient of our online direct marketing;
Legitimate interests – if you are our client or prospect client, business affiliate, employee or potential employee, or our website visitor;
Soft opt- in exception, when consent is not required and the Firm gives the opportunity to opt-‐out;
Performance of contract - if you are our client, supplier, employee, akin to employee or business affiliate or our website visitor;
Legal obligation – if we process Personal Data according to requirements of domestic legislation.
Where we act as Data Processor, we process Personal Data on behalf of Data Controllers and we act on their written instructions.
Data protection officer
The Firm has no regulatory obligations under the GDPR to appoint a DPO; the Firm has no data protection officer (DPO) currently appointed. The GDPR sets out guidelines on when the appointment of a DPO shall be required as follows:
Where the scope or purpose of collecting data requires a regular systematic monitoring of the Data Subjects;
Where the Firm processes special categories of data on a large scale;
Where Processing is carried out by a public authority.
The Firm has instead agreed to name a Responsible Officer who may be reached at firstname.lastname@example.org
Source, Purpose, Handling, Retention and Disposal of data collected
The Firm controls and processes Personal Data when using a Client Relationship Management (CRM) system.
Source The Firm collects information about Clients, Prospects and other business contacts like Stakeholders and Industry Participants from existing contacts, registered users, industry events, etc.
Personal Data Names, professional mailing addresses, professional telephones numbers, notes, emails (“Contacts”). The Firm does not intend to intentionally collect or process any Sensitive Data into its Client Relationship Management (CRM) tool.
Purpose The personal information collected by the Firm is for the following legitimate interest:
Provision of financial products and services;
Promotion of ideas and events relating to services we provide;
Accuracy of client records;
Maintenance of records of communications and management of your relationship with us;
To respond to you enquires;
To comply with any present or future law, rule, regulation, guidance, decision or directive (including those concerning anti-‐terrorism, fraud, AML and anti-corruption);
To carry out, in appropriate cases, KYC checks and other procedures that we undertake prior to you becoming a customer of ours; and
Prevention and detection of fraud and other illegal activity or misconduct.
Handling Your data is stored using cloud based applications and ISP software applications. Most of Personal Data is stored in a CRM system.
Processing & Transfer of Personal Data All processing takes place in the European Union or in the US (only where the Sub-‐Processor is an EU-‐US Privacy Shield Framework participant).
Retention We will keep your Personal Data for no longer than reasonably necessary. We will retain your personal information in accordance with legal and regulatory requirements.
Disposal Personal Data shall not be kept for a period longer than is necessary for serving its purpose. Personal Data shall be deleted upon request or after 5 years if it doesn’t have a legitimate purpose (e.g. after a business relationship ends). Record keeping to evidence KYC must not be extended over the 5-‐year retention period as required by the AML Directive that focuses on fighting money laundering and terrorist financing.
Who we share our information with
We will not share personal information about you with third parties without your consent. We are required, by law, to sometimes pass on some of this Personal Data to:
Law enforcement agencies; financial regulators and other relevant regulatory authorities; government bodies; tax authorities; courts tribunals and complaints/dispute resolution bodies;
Other bodies as required by law or regulation; or
Related financial institutions such as trustees, custodians and sub-‐custodians; insurers; fraud protection agencies; and/or similar suppliers or service providers.
To fulfil our contract with you, the Firm may sometimes pass information to:
IT services including client relationship management platforms; and
Intra group to related affiliates also working on providing you with related services.
International transfer outside the EEA
The Firm does not transfer your personal information outside of the European Economic Area (EEA) unless the transfer is necessary for one of the reasons set out in the GDPR including the performance of a contract between the Firm and the Data Subject, reasons of public interest, to establish, exercise or defend legal claims or to protect the vital interests of the Data Subject where the Data Subject is physically or legally incapable of giving consent and, in some limited cases, for our legitimate interest.
In these cases, we will follow the GDPR Guidelines in protecting the transfer of data to countries outside the EEA to ensure that the level of data protection afforded to individuals by the GDPR is not undermined.
The Firm will only transfer Personal Data outside the EEA if one of the following conditions applies:
The European Commission has issued a decision confirming that the country to which we transfer the Personal Data ensures an adequate level of protection for the Data Subjects’ this refers to (individual’s resident rights and freedoms);
Appropriate safeguards are in place such as binding corporate rules (BCR), standard contractual clauses approved by the European Commission, an approved code of conduct or a certification mechanism, a copy of which can be obtained from the Responsible Officer; or
The Data Subject has provided Explicit Consent (Explicit consent is where permission has been given by the Data Subject in writing to the proposed transfer after being informed of any potential risks.
Your rights and your Personal Data
You have a right:
To request a copy of your Personal Data which the Firm or related data Controller holds about you;
To request the Firm or any related data Controller to correct any Personal Data if it is found to be inaccurate or out of date;
To request your Personal Data is erased where it is no longer necessary for the Firm or related data Controller to retain such data;
To withdraw your consent to the Processing at any time if consent constitutes the lawful basis for processing;
To object to Processing based on grounds relating to the Data Subject situation if the processing is necessary for the performance of a task carried out in the public interest or the processing is necessary for the purposes of the legitimate interest by us or a third party, unless such interest is overridden by your fundamental rights and interests;
To request a restriction is placed on further Processing;
To lodge a complaint with the Information Commissioners Office (the UK Supervisory Authority); you can contact the Information Commissioners Office on 0303 123 1113 or via email https://ico.org.uk/global/contact-‐us/email/ or at the Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF; and
Not to be subject to a decision based on automated Processing.
Where we may seek to further process your data other than for the original purpose for which it was collected, the Firm shall only further process such data where the new Processing is compatible with the original purpose.
We take your privacy seriously and take every reasonable measure and precaution to protect and secure your Personal Data. We work hard to protect you and your information from unauthorised access, alteration, disclosure or destruction and have several layers of security measures in place, including, without limitation, encryptions.
Special Categories of Data (if applicable)
Owing to the products and services that we offer, such as the performance of KYC and other background checks, we sometimes need to process special categories of data which are deemed to be more confidential in nature. Where we collect such information, we will only request and process the minimum necessary for the specified purpose and identify a compliant legal basis for doing so. Where we rely on your consent for Processing Special Categories Data, we will obtain your explicit consent through electronic means.
Legitimate Interests (if applicable)
We occasionally process your personal information under the Legitimate Interests’ legal basis. Where this is the case, we have carried out a Legitimate Interests’ Assessment (LIA) to ensure that we have weighed your interests and any risk posed to you against our own and that such interests are proportionate and appropriate such as for the purposes of Human Resources management such as payroll data if applicable, marketing and day-‐to-‐day operations.
When sending marketing materials to customers, we may have the option to rely on your consent or legitimate interest. We only use legitimate interests for marketing if we have assessed that the information being sent is beneficial to the customer, and have weighed our interests against your own and there is little to no risk posed, the method and content is non-‐intrusive, and the material being sent is something you would usually expect to receive.
Cookies, analytics and traffic data
Cookies are small text files – typically of letters and numbers – originating from the websites visited which are stored on your computer (either your browser or your computer’s hard drive) when you visit such websites. In general, cookies help identify you through your IP address, without collecting information about your identity. Cookies are used to store a variety of information about you and your preferences which is afterwards sent back to the visited website.
We use two types of cookies on our website:
Session cookies – these are temporary cookies that remain in the cookie file of your browser until you close the browser. This is to ensure connections to our servers are distributed evenly to provide optimal performance. Analytical cookies – Our website uses Google Analytics cookies (third party cookies) in order to: record the time of your first visit to website, the time of your most recent visit to the website and the duration of your visit to record how you located our website (i.e. Google search, links from other pages etc.).
We only share the information obtained through the use of Google Analytics with Google. The cookies we use for these purposes do not track your Internet usage after leaving our website and do not store your personal information. They will not be used in connection with any other information to identify you in any way. We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
The Firm reserves the right to change this Policy at any time. Material changes will be notified to affected parties as appropriate.