This Privacy Notice explains who we are, how we collect, use, retain and secure your personal data (“personal information”), your rights and how to contact us.
Who we are
FIM Capital (“FIM”, “we”, “us”) is the controller for all personal information processed by FIM.
Our approach to personal information
We respect an individual’s right to, and expectation of, the protection of their personal information and confidentiality of their financial affairs. All personal information is processed in accordance with the Isle of Man Data Protection Legislation.
FIM endeavours to be open and transparent with individuals when using personal information. However, in some circumstances it may not be possible to do so, for example, investigating suspicious financial activities or offences.
Collection and use of personal information
All services – statutory obligations:
- To establish a client relationship with you, we are obliged by Isle of Man Anti-Money Laundering and Countering the Financing of Terrorism requirements set out in the primary legislation to obtain certain information. We do this by asking you, or your agent, to provide documentation such as a copy of your passport or identity card and proof of your address to evidence your identity and address. Our “Know Your Client (KYC) Requirements” document contains further detail.
- Further information and documentary evidence may be required from you in some cases, for example, relating to source of funds or source of wealth.
- Failure to provide information to meet out regulatory obligations will mean that business will be declined or exited.
- We will also refer to specialised online databases or public sources, such as sanctions lists and media, to assist us in complying with our Anti-Money Laundering (“AML”), Countering Financing of Terrorism (“CFT”) and Countering Proliferation Financing (“CPF”) obligations and for the purposes of mandatory ongoing due diligence monitoring.
- When you telephone FIM’s office, please note that your call will be recorded in accordance with the Financial Services Rule Book 2016 (“Rule Book”).
Investment Services for Individual and Joint Accounts:
We will use your personal information to:
- manage your account and provide statements and valuations in relation to your account in accordance with the terms of the contract;
- provide information about the investment markets or other information that we consider to be in our, and your, legitimate interests;
- provide information about our other services, where we have your consent (direct marketing).
How long will it be kept?
- The Isle of Man Anti-Money Laundering and Countering the Financing of Terrorism Code 2019 and Rule Book require that information, including personal information, is retained. We retain that information for 6 years from the end of your relationship with us. Information will be destroyed, or anonymised, after that time, provided it is not required for any other lawful purpose.
- Recordings of telephone conversations and electronic communications must be held for 6 years in accordance with the Rule Book.
How the personal information will be kept secure?
- FIM has safeguards in place to ensure all personal information, held electronically and paper based, is retained securely and tests that these safeguards are sufficiently robust on a regular basis.
- Access to personal information is restricted to authorised employees and, as necessary, our auditors and regulators.
Disclosure of personal information
We will disclose your personal information to our agents, nominees and our custodians for the purposes of effectively managing your account with us.
We will disclose your personal information when we are obliged to by law, when it is necessary to do so for the purposes of litigation or to assist in criminal investigations. Disclosures may be made, for example, to our legal representatives, Isle of Man Treasury, Isle of Man Financial Services Authority, Isle of Man Financial Intelligence Unit, Isle of Man Constabulary.
Your personal information will not be shared with, or disclosed to, other third parties without your knowledge and, if required, your consent.
Your rights
You have the following rights in relation to the personal information we hold about you, subject to any statutory limitations or restrictions.
- Right to request, and be given, a copy of your personal information.
- Right to rectification of inaccurate or misleading personal information.
- Right to erasure of personal information.
- Right to restriction of processing in specific circumstances.
- Right to data portability.
- Right to object to processing, including for the purposes of direct marketing and profiling.
o Note: - profiling is not used by FIM.
We may refuse a request from you where it is deemed excessive or unfounded; if that is the case, we will respond to you in writing explaining our decision.
Please contact our Data Protection Officer, ideally in writing (including electronic formats), to exercise any of your rights.
Queries and complaints
If you have a query or complaint about the way in which we have handled your personal information or responded to a request exercising a right, please contact our Data Protection Officer. They will work with you to resolve any issues raised.
You also have a statutory right to complain directly to the Isle of Man Information Commissioner at First Floor, Prospect House, Prospect Hill, Douglas, Isle of Man, IM1 1ET (www.inforights.im).
Contact us
If you have any questions in relation to this Notice, please contact our Data Protection Officer using the following details:
· Email: dpo@fim.co.im
· By Post to: FIM Capital Limited, 55 Athol Street, Douglas, Isle of Man, IM1 1LA
· Phone: +44 (0) 1624 681250