Ferbrache & Farrell LLP Data Protection

Ferbrache & Farrell LLP is fully committed to information security and the safeguarding of personal data.

The European Union General Data Protection Regulation has been implemented in the Bailiwick of Guernsey through the Data Protection (Bailiwick of Guernsey) Law, 2017.

For full details of the data protection policies and procedures of Ferbrache & Farrell LLP (including our privacy notice and subject access requests), please email us at data.protection@ferbrachefarrell.com or alternatively telephone +44 (0) 1481 815050.

Ferbrache & Farrell is registered with the Office of the Data Protection Commissioner (Guernsey), registration number 57646.

Data Privacy Notice

This notice sets out how Ferbrache & Farrell LLP (Ferbrache & Farrell) will process personal information as a Data Controller.

Where your details are provided to Ferbrache & Farrell in connection with Ferbrache & Farrell providing its services to you please note the following:

Personal Data We May Collect

The personal information we collect may include an individual’s:

Name, address and other contact details;
Occupation and interests;
Financial information, including bank account details;
The information included in any documents sent to us (such as identification documents);
IT related information such as your IP address;
Details about the services specifically requested;
Information provided to us, for example by completing client surveys.

It may also be necessary for us, in relation to specific matters, to request personal information revealing an individual’s racial or ethnic origin, political opinion, religious or philosophical belief, trade union membership, genetic data, biometric data, health data, personal data concerning an individual’s sex life or sexual orientation, or criminal data (Special Category Data), in which case we will only do so for the purpose as stated below.

We or third parties we engage, as set out below, may also obtain information from other sources, including;

Information obtained in the course of us complying with our legal obligations as set out below;
Information provided to us by other parties in the course of a matter.

Purposes of processing and Legal basis for processing

Ferbrache & Farrell may process your personal information for the following purposes:

Acting for you in respect of any matters which you have instructed Ferbrache & Farrell, including taking steps, at your request, prior to entering into a contract for the provision of such services;
Ferbrache & Farrell will itself (or through a third party e.g. a provider of compliance services) process certain information about you or your directors, officers and employees and your beneficial owners (if applicable) in order to carry out anti-money laundering (AML) checks and related actions which Ferbrache & Farrell considers appropriate to meet any legal obligations imposed on Ferbrache & Farrell relating to, or the processing is in the public interest, or to pursue Ferbrache & Farrell’s legitimate interests in relation to, the prevention of fraud, money laundering, terrorist financing, bribery, corruption, tax evasion and to prevent the provision of financial and other services to persons who may be subject to economic or trade sanctions, on an on-going basis, in accordance with Ferbrache & Farrell’s AML procedures;
To report tax related information to tax authorities in order to comply with a legal obligation;
To monitor and record calls and electronic communications for investigation and fraud prevention purposes, for crime detection, prevention, investigation and prosecution, and to enforce or defend Ferbrache & Farrell, itself or through third parties to whom it delegates such responsibilities or rights in order to comply with a legal obligation imposed on Ferbrache & Farrell;
To monitor and record calls for quality, business analysis, training and related purposes in order to pursue the legitimate interests of Ferbrache & Farrell to improve its service delivery;
To update and maintain records and for fee billing;
To carry out statistical analysis and market research; and
To provide you with information about products and services which may be of interest to you or to the institution you represent,

And which processing is necessary to provide legal services to you pursuant to a contract between you and Ferbrache & Farrell, comply with legal obligations and/or which is necessary for the purpose of the legitimate interests of Ferbrache & Farrell, as set out above.

We will only process Special Category Data where it is necessary for the purpose, or in connection with legal proceedings, obtaining legal advice, or otherwise for the purpose of establishing, exercising or defending legal rights.

Recipients of Data and International Transfer of Data

Ferbrache & Farrell may disclose your personal information as follows:

To third parties in order to carry out money laundering and identity checks and comply with legal obligations and to process the data for the above mentioned purposes;
To third parties for the purpose of, or in connection with, any legal proceedings, for the purpose of obtaining legal advice, or otherwise for the purposes of establishing, exercising or defending legal rights;
To competent authorities (including tax authorities), courts and bodies as required by law or requested or to affiliates for internal investigations and reporting.

During the performance of our statutory and contractual obligations, your personal data will be held on location in Guernsey, backed up in Jersey and also within secure servers in the UK. The UK is an authorised jurisdiction for transfers as it has been deemed adequate by the European Commission.

In the event of a transfer of personal data to third parties, such as those located outside of Guernsey and the EU, which may not have the same data protection laws as Guernsey, Ferbrache & Farrell will only transfer such data to another jurisdiction if:

It is necessary in the context of our acting for you in the provision of legal services, including taking steps at your request prior to entering into such a contract,
It is necessary or the purpose of, or in connection with, any legal proceedings, for the purpose of obtaining legal advice, or otherwise for the purposes of establishing, exercising or defending legal rights.

Where personal data is required to be transferred to another jurisdiction which may not have equivalent data protection laws to Guernsey, appropriate safeguards will be applied in accordance with the Data Protection (Bailiwick of Guernsey) Law, 2017.

Data Subject Rights

At any point while we are in possession of or processing your personal data, you, the data subject, have the following rights:

Right for information for personal data collected from you;
Right of access – you have the right to request a copy of the information that we hold about you.
Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete.
Right to erasure – in certain circumstances you can ask for the data we hold about you to be erased from our records.
Right to restriction of processing – where certain conditions apply, you have a right to restrict the processing.
Right of portability – you have the right to have the data we hold about you transferred to another organisation.
Right to object – you have the right to object to certain types of processing such as direct marketing, grounds of public interest, or historical or scientific purposes; and
Right not to be subject to decisions based on automated processing.

All of the above requests will be forwarded on should there be a third party involved (as stated above) in the processing of your personal data.

Data Retention Period

We shall retain any personal data provided to us for a period of 6 years from the date after completion or termination of our contract with you, save for the following exceptions:

Matters relating to children; 6 years from the date that the child (or the youngest child if more than one) attains the age of 18 years of age.
Conveyancing matters, Wills matters and matters where a partner of the partners of Ferbrache & Farrell are appointed as executors/administrators of a deceased’s estate; such data will be retained indefinitely.

How to Make a Complaint

In the event that you wish to make a complaint about how your personal data is being processed by Ferbrache & Farrell (or third parties as described above), or how your complaint has been handled, you have the right to lodge a complaint directly with the supervisory authority and Ferbrache & Farrell’s Nominated Officer for Data Protection.

The details for each of these contacts are:

Supervisory authority contact details
The Office of the Data Protection Authority
St Martin's House,
Le Bordage,
St Peter Port,
Guernsey GY1 1BR

enquiries@odpa.gg
+44 (0) 1481 742074

Nominated Officer contact details
Nominated Officer for Data Protection
Ferbrache & Farrell LLP
Somers House
Rue du Pre
St Peter Port
Guernsey GY1 1LU

data.protection@ferbrachefarrell.com
+44 (0) 1481 815050

Rights of Appeal

You also have a right to appeal in respect of the conduct or determination of the supervisory authority in certain circumstances.

Right to Withdraw Consent

Where you have provided your consent to processing (e.g. to receive information about products and services which may be of interest to you or to the institution you represent), you may withdraw your consent at any time by contacting Ferbrache & Farrell by email at data.protection@ferbrachefarrell.com.

Failure to Provide Personal Information

Where Ferbrache & Farrell requires your personal information to comply with AML or other legal requirements, failure to provide this information means Ferbrache & Farrell may not be able to provide the Services or the service to the institution you represent.

How to contact us

If you have any questions about our use of your personal information, please contact us at data.protection@ferbrachefarrell.com.

V4 December 2021