Privacy Policy
At Hampson and Company, Hampsons Corporate Limited, and our affiliates (collectively in this Privacy Policy, “Hampsons”) we are committed to protecting your privacy and to compliance with the Cayman Islands Data Protection Act (2021 Revision) (“the Data Protection Act”). The Data Protection Act is concerned with “personal data” i.e. relating to a living individual who can be identified, and “sensitive personal data”, that is to say, personal data generally of a more personal or sensitive nature, as defined in each case by the Data Protection Act. In this Privacy Policy we set out what data Hampsons collects about you, how we obtain that data, how we use, process and share that data, and the rights and options you have in relation to that data held and processed by us.
What data do we collect about you and how do we obtain it?
At Hampsons we collect data about you, whether directly as a client, or indirectly as an officer, director, shareholder of a company for whom we act or provide services, or through other contact with you in the course of our professional or commercial/corporate business, including for example as a witness in litigation proceedings, and through our website, by Linked-In, and by other professional and social media exchanges, and through in-person, telephone and email communications.
We may hold and process the following basic personal information about you: your name, address, telephone numbers, date of birth, gender, email address, social media contact details, your IP address, marital status, occupation, residency status, place of birth, preferred name or previous name.
We may also hold and process data as to your employer, and your banking, credit/debit card information and other details relevant to payment by you or remission of funds to you.
Why do we collect data?
At Hampsons we need to collect and maintain this data:
so that we can provide our professional legal and corporate administration services to our clients, whether personal or corporate, in meeting our professional and contractual obligations to them.
in compliance with our legal, professional, and regulatory obligations including the due diligence required of us by anti-money laundering (“AML”), know your client (“KYC”), anti-terrorist financing, and anti-proliferation, protocols and regulations.
so that we may process your payments to us and so that we may remit funds to you.
for the purposes of marketing and promoting Hampsons and the services we provide.
How we hold this data
Hampsons holds and maintains this data in a variety of formats, including paper records, electronically in our computer systems, in pictures/photographs, video or audio files.
What is the legal basis for our collection of your data?
The specific legal basis and justification for the collection and processing of data by Hampsons is set out at Schedule 2, Conditions 1-6 and Schedule 3, Conditions 1-3 and 5-9 respectively to the Data Protection Act. Generally the basis for our collection and processing of data will fall under one or more of the following heads:
Consent: You have given Hampsons consent to collect and process your data for a specific purpose.
Contract: The collection and processing is necessary for the purposes of Hampsons’ performance of its contract with you, or for performance of a contract to which you are subject, or preliminary to that contract in each case.
Legal proceedings: The processing is necessary for the purpose of, or in connection with legal proceedings or obtaining or providing legal advice.
Legal obligation: The processing is necessary for Hampsons to comply with a legal obligation to which we are subject.
Vital interests: The processing is necessary to protect the vital interests of you or another person.
Legitimate interests: The processing is necessary for Hampsons’ legitimate interests or the legitimate interests of a third party.
Public function: The processing is necessary for Hampsons’ performance of a task in the public interest or imposed by law.
Regulations: The process is nceessary for Hampsons’ compliance with regulations to which we are subject including but not limited to AML and KYC protocols and regulations.
Information made public: The data has been made public by you.
The foregoing is a general summary of the legal basis for the collection and processing of data by Hampsons under the Data Protection Act. For further information you are invited to review the provisions of the Data Protection Act and the guidance on the Data Protection Act provided by the Cayman Islands’ Office of the Ombudsman and available on-line at ombudsman.ky/data-protection.
With whom do we share your data and why?
We may need to share data concerning you under a variety of circumstances. For most purposes the sharing of data will be with your consent express or implied, for the performance of Hampsons’ contractual or legal obligations, and for compliance with regulatory requirements to which we are subject.
Where we share your data with third parties that sharing of data will be in compliance with one or more of the Conditions set out at Schedule 2, Conditions 1-6 and Schedule 3, Conditions 1-3 and 5-9 of the Data Protection Act as detailed more specifically above.
International transfer of your data
Your data will principally be held within the Cayman Islands. There will be occasions where we need to transfer your data outside the Cayman Islands, for example to specialist legal counsel or to experts with whom we have consulted. In such cases the transfer of your data internationally will be in compliance with one or more of the Conditions set out at Schedule 4 to the Data Protection Act, generally on the basis that you have consented to the transfer by Hampsons of your data, and/or that the transfer of such data is necessary for Hampsons’ performance of its contract with you.
How long do we retain your data?
Hampsons will retain your data for such period as is reasonably necessary for the purposes set out at Schedule 2, Conditions 1-6 and Schedule 3, Conditions 1-3 and 5-9 respectively to the Data Protection Act, and having regard to applicable limitation periods. Generally your data and hard copy records will be retained for a minimum period of seven years after conclusion of the matter, save that in certain cases e.g. wills, estates, probate and trusts, your data and records may be retained for a greater period depending on the nature of the matter.
Security
Hampsons will make all reasonable efforts to ensure the security and confidentiality of your data. Hampsons cannot however guarantee the security of your data, and is not responsible for the security of your data, nor for any loss or damage suffered by you as the result of breach of security or the confidentiality of your data, or disclosure howsoever of your data.
Your rights in regard to your data
Your rights in regard to your data collected and processed by Hampsons are set out at Part 2 to the Data Protection Act and can be summarized as follows:
Your right to be informed in regard to your data
Your right to access your data
Your right to correct your data held by us
Your rights regarding any automated decision-making processes
Your right to have us stop processing your data
Your right to stop processing your data for the purposes of direct marketing
Your right to compensation for damage for contravention of the Data Protection Act
Your right to make a complaint to the Ombudsman
More detailed information is available on-line at https://ombudsman.ky/data-protection
Questions, concerns or complaints
If you have any questions, concerns or complaints in regard to your data held by Hampsons, including as to the exercise of any of your rights in regard to that data under the Data Protection Act, you may contact our Data Protection Officer, who will be pleased to assist you.
Our Data Protection Officer and their contact details are as follows:
Ms Kim McLaughlin
Hampsons and Company
Apollo House East, 4th Floor
87 Mary Street, George Town
P.O. Box 698
Grand Cayman KY1-1107
Email: kmclaughlin@hampsonandco.com
If you are not satisfied with our response to your requests or have a concern with regard to our processing of your data which we have not addressed to your satisfaction, you may complain to the Office of the Ombudsman by accessing their complaint form online at: ombudsman.ky/data-protection/public or via their offices at Office of the Ombudsman, 5th Floor, Anderson Square, 64 Shedden Road, George Town, PO Box 2252, Grand Cayman KY1-1107, Telephone: (345) 946-6283.
This Privacy Policy was last updated in May 2023. Hampsons may update or amend this Privacy Policy from time to time to reflect any changes in its procedures in regard to your data and/or amendments to the relevant law and regulations.