Privacy Policy

In this document “Gardner-Hillman” means:
Gardner Hillman, a business name of Antony R Gardner-Hillman, and Gardner-Hillman Consulting, a business name of Hillman Financial Management Limited, a Gardner-Hillman company.

PART A. DATA PROTECTION NOTIFICATION

As a contact of Gardner-Hillman, this notification is applicable to you as we hold records of your contact details, communications between us or into which we are copied, and possibly other data on our system. We have updated our privacy policy (“Privacy Policy”) in compliance with the 2018 changes brought into effect pursuant to the EU General Data Protection Regulations. The Privacy Policy conveys important information about our privacy practices and your rights as it relates to your personal information. 

Who we are

Founded in 2007, but with roots going back through Tony Gardner-Hillman’s career since 1982 as a solicitor and independent trust company co-owner and chairman, Gardner-Hillman is a bespoke directorship and consulting services business with a global focus on resolving issues faced by companies with assets “locked” by commercial wrangles, litigation, jurisdiction issues, funding shortages and other issues inhibiting the realisation of value from those assets.

Spanning a variety of disparate industry sectors Gardner-Hillman has delivered projects around the World. We work with law firms, fund administrators, trust company businesses, entrepreneurs, investors in private equity, listed companies, family offices, and high net worth investor groups, supporting clients domiciled in various parts of the World. We are not limited by jurisdiction of client domicile. We support our clients internationally from our office in Jersey, Channel Islands. Travelling is a routine part of the job.

Why are you receiving this communication?

We are committed to ensuring that the individuals whose details we hold understand our privacy policy and practices. In particular, we want to make sure that we respect your data protection preferences, and that you understand your data privacy rights.

This notification introduces you to our Privacy Policy set out below. The Privacy Policy explains in clear language what information we collect about individuals, how we use it, and the choices and controls you have.

For any further questions regarding this notification, please contact Tony Gardner-Hillman at tony@gardner-hillman.com.

Thank you.

PART B. DATA PROTECTION POLICY

What personal information do we collect about you?

The information we may collect from you includes:

1. information establishing your identity (name, address, telephone number(s), date of birth, copy passport and utility bill, etc.) and personal background (and may include personal information concerning your family members, if provided to us),
2. information related to transactions or financial behaviour in our possession or control as the result of your relationship with and through us,
3. information you provide on an application form for any products and services, and
4. in respect of corporate or institutional customers (including partnerships), details about persons with an interest in that customer, including but not limited to shareholders, partners, trustees, settlors, protectors, beneficiaries, staff and corporate contacts (including their individual customers and such customers’ family members).

How do we obtain your personal information?

We may collect and confirm your information during the course of our relationship with you and will only use personal information which constitutes personal data in accordance with applicable data protection legislation.

We may obtain this information from a variety of sources including from or via:

1. you,
2. service arrangements you make with or through us,
3. financial institutions and registries,
4. references you provide to us,
5. and from other sources, as is necessary for the provision of our services.

We may make searches with companies registries, other sources of information accessible to the public, other agencies, and via Internet search engines, and we will keep a record of that search. Where our customer is a corporate or other institutional customer, we may also make enquiries with licensed credit reporting or fraud prevention agencies about your directors or partners (as the case may be).

If you communicate with us using email or by other electronic means, then we may monitor email or other electronic traffic to gather information for the purposes of security, statistical analysis and systems development.

How do we use your personal information?

We may use or process your information for the following purposes:

• to verify your identity and investigate your personal background,
• to facilitate or otherwise assist in the provision of any service provided to you,
• to service any of your other relationships with us,
• to meet our regulatory and/ or legal and/or financial and/or other reporting obligations in any jurisdiction (as applicable),
• to comply with laws, regulations, or court orders in any jurisdiction (whether or not strictly binding or capable of being enforced against us),
• to prevent or detect fraud, money laundering, terrorist financing or other criminal conduct,
• to recover a debt,
• to assess and manage our operational, financial and insurance risks,
• to develop new marketing strategies and new services,
• to bring or defend any dispute or litigation concerning your relationship with us or the services provided by us to you,
• to determine your suitability for services offered by us,
• as a record of any information obtained from or about you in the course of our relationship, and
• to allow for certain efficiencies including operating and managing systems, systems back-up and data recovery, risk evaluations, know your client procedures to verify client identity, and anti-money laundering screening.

We may wish to send marketing information to you which we believe will be of interest to you. Using your personal information helps us to make our communications with you more relevant, selective and personalised to you, and to make your experience of our services efficient and effective. If you do not wish to receive this information you should notify us in writing as described in the “Your Rights” section.

On what basis do we use your personal information?

• to comply with legal and regulatory obligations,
• to perform our contractual obligations to you,
• for legitimate business purposes. Using your personal information helps us to operate and improve our business and minimise any disruption to the services that we may offer to you. We also have a legitimate interest in sending you information on services and offerings which we believe will be of interest to you. See the “How do we use your personal information” section for further details about the legitimate business purposes for which we process personal information,
• because you have affirmed your consent (or given your specific consent if we expressly ask for consent to process your personal information, for a specific purpose), and
• to prevent and detect crime, or for reasons of substantial public interest, and for the establishment, exercise or defence of legal claims or proceedings.

Notwithstanding that we may ask for your consent to share your confidential information, unless expressly stated otherwise we may rely on another legal basis to process your personal information, as set out above.

With whom do we share your personal information?

We will only disclose or transfer your information for the purposes set out in this document to:

• our own agents and service providers, who are required to maintain the confidentiality of such information,
• companies, firms and other organisations that assist us to process transactions including, but not limited to, law firms, accounting firms, trust companies and fund administrators, banks, stock exchanges and clearing houses,
• regulatory and police authorities or law enforcement and fraud prevention agencies, where we are compelled or permitted or required to do so by order of a court or governmental or administrative tribunal or by law, regulation or any other legal requirement,
• any person you nominate to us as having authority to communicate with us on your behalf,
• any person to whom we may assign or transfer our rights and/or obligations under our agreement with you, provided that the recipient uses the information for the same purpose as it was originally supplied to us and/or used by us,
• such persons as we believe are necessary where a failure to make such disclosure would result in damage to our reputation or good standing, expose us to civil or criminal prosecution in any jurisdiction or where failure to make such disclosure would in our opinion be prejudicial to us, our advisors or agents, or to such other person(s) whom we believe in good faith have a right to make a request for disclosure, and
• any other person where disclosure is made at your request or with your consent (including your advisors or agents), or is otherwise permitted under our agreement with you.

Transfers of your personal information out of your home country

This may result in certain of your personal information being transmitted through or stored or processed in other jurisdictions which may be outside the European Economic Area, and also being subject to the laws of those jurisdictions, whether or not those jurisdictions have equivalent or adequate data protection legislation. These countries may include Jersey and the United Kingdom.

We will implement appropriate measures to ensure that your personal information remains protected and secure when it is transferred out of your home country, in accordance with applicable data protection and privacy laws. The measures include ensuring that the jurisdictions into which your personal information is transferred contain equivalent data protection legislation and requirements to those of Jersey.

How long will we keep your personal information?

We will only retain the information we gather from you for a period of eleven years from the date of termination of our relationship with you, or for such other period as may be required from time to time under relevant laws and regulations, including those relating to record keeping and prescription periods. Such information may be retained after your relationship with us has been terminated, and for customer identification purposes in accordance with our record keeping policy from time to time. 

Your rights

If you believe that any of the centrally held information, including your personal information, is incorrect or inaccurate, you should notify us so that the information can be updated or corrected, as appropriate.

You have the right to access your personal information and request correction, restriction, portability or erasure of the information that we process about you.

These rights are subject to any applicable exemptions under the data protection laws.

You may exercise these rights at any time by sending a request addressed to Antony R Gardner-Hillman, by email to tony@gardner-hillman.com or in writing to him at the current address for Gardner Hillman set out in our website at www.gardner-hillman.com, and providing further information (including appropriate proof of identity) as requested by us.

You can withdraw your consent to the processing of your personal information (where we are processing your personal information based on your consent). If you object to the processing of your personal information, or if you have provided your consent to processing and you later choose to withdraw it, we will respect that choice in accordance with our legal obligations. However, this will inevitably or likely prevent us from, or limit us in, providing the services you have asked for. It may also make it more difficult for us to advise you or suggest appropriate alternatives.

If you feel that we do not comply with applicable privacy rules you have the right to lodge a complaint with a competent data protection authority.

Data Controller

Antony R Gardner-Hillman acts as a data controller of your personal information.

Contact us

As set out in our website at www.gardner-hillman.com.