Maitland takes the issue of collecting and processing your personal information seriously. Maitland is committed to protecting your personal information and to informing you of your rights with respect to your personal information. Maitland aims to set out clearly at the time we collect your personal information:
- what your personal information will be used for
- where it will be processed and
- how long it will kept.
In this Policy, references to we or us or our are to the Maitland company with whom you are in correspondence.
1. Scope of our Policy
Our Policy applies to anyone (you, your*) who interacts with us, including identifiable Juristic Persons in South Africa (such as an incorporated company), who enquires about our products and services or who makes use of them, via any media including: electronic media such as email, website, apps, telephone etc.
*You may be a Maitland: prospect, client, employee, agent or consultant, providing services to Maitland or to whom Maitland is providing services.
2. What is personal information?
In most cases personal information is information relating to a living individual that can be used to identify or contact them. In other countries such as South Africa personal information will also include an individual’s business information such as their business contact details.
3. What is processing?
We process your personal information when we collect, store, use in any way for any purpose or delete your personal information.
4. What personal information do we collect and why?
In order for Maitland to provide services to you and discharge regulatory and legal obligations in respect of its processing activities, Maitland will have to process your personal information. If we are unable to process your personal information we may not be able to provide our services to you or administer our business.
The personal information we need to collect will depend on the service(s) that we provide to you but we will only process personal information that is adequate and required to enable us to do so. We usually collect personal information about you from you directly but in certain circumstances we may collect personal information on you from other sources such as publicly or privately available records.
In general Maitland commonly collects personal information as follows:
- Photographic ID and documents to verify both your identity and residential address in order to satisfy anti-money laundering regulations. If you do not provide this personal information to us we will not be able to establish or continue in a business relationship with you or any person acting for you
- Your contact details, including but not limited to, telephone numbers, location details such as personal or business address and email address in order to communicate with you
- We may conduct criminal background checks at the start of and during our business relationship as part of our anti-money laundering screening or counter terrorist financing screening to comply with relevant legislation
- We may collect proof of age and location, in order to ensure that we may legally provide you with the relevant product or service
- Bank details where you are required to make payment to us or we are required to remit payment to you.
- Recording, monitoring, storing data from certain telephone calls in which you participate, in order to comply with regulatory or contractual obligations, and to confirm instructions given to us.
- For Juristic Persons we may also collect documents to establish your identity and existence.
We will always tell you beforehand about any use we make of your personal information if you have not already consented to such use.
You are responsible for giving us accurate and up-to-date information.
5. How do we use personal information?
We process personal information primarily for the purpose of providing a contracted service(s) to you but in addition to this we may use your information for the following purposes:
- To meet a legal or regulatory requirement – please see examples of this in section 4
- To advise you of changes that may affect you that we feel are in your best interests such as communications about purchases and changes to our terms and conditions, and policies. As this information is important to your interaction with Maitland, you may not opt out of receiving these communications
- For internal administrative and accounting, auditing, data analysis and research purposes in the normal course of managing our business and to improve Maitland services and customer communications
- If we believe that we have a legitimate interest or that you have a legitimate interest and to not use your personal information may have a negative impact on you.
6. Who processes your personal information?
Maitland personnel will process your information, however Maitland may also arrange for third party service providers such as: Maitland’s accountants, your accountants or those appointed by an entity connected to you, our security teams, banks (for instance for making payments), custodians, depositaries, funds, portfolio managers, distributors, regulatory bodies, your advisors or those appointed by an entity connected to you, our advisors, fund advisors, IT service providers, telecommunications providers, third party business processing providers, share personal information with our investors or any potential acquiring party, bank or financing institution for Maitland’s legitimate business interests and with other parties with whom Maitland contracts to access and process your personal information in order for the relevant services to be provided to you. These third party service providers are variously under duties of client confidentiality covering the storage and disclosure of your personal information in order to safeguard it, prevent unauthorized access and to comply with relevant data protection laws.
7. Storing and deleting your personal information
The personal information that we hold may be retained and stored for a period after our relationship has ended. The length of the storage period is determined by relevant local data protection law and regulations. We will delete your personal information once it is no longer required for the processing purposes.
Where regulatory requirements require us to keep your personal information for a longer period we will have to do so. For example we may be required by the Anti-Money Laundering Directive to retain personal information processed for our due diligence on you and your financial transaction history for a period of five years after our business relationship ends. Once the legal / regulatory retention period has expired we will securely destroy all of your personal information, except where it is required in litigation, or has been requested by a Supervisory Authority or other law enforcement agency, or where you have requested that it be retained (and have paid an appropriate fee to do so).
8. Cookies and other technologies
9. Using your personal information for marketing
We may use your personal information for reasonable marketing purposes about our products and services and, topical news and information, if you have given your permission for us to do this.
We will contact you with regard to your activities with us. Maitland has a quarterly newsletter which we circulate by email. This contains articles on the work of our charity the Nelson Mandela Children’s Fund UK, market trends and information relevant to Maitland’s business activities. You may unsubscribe from this at any time by clicking the unsubscribe link at the bottom of each email or by unsubscribing here. In such case, Maitland will continue to contact you in regard to your account but unsubscribe you from marketing communications about this charity.
10. Maitland Electronic Communications Policy
Please see the Maitland Electronic Communications Policy on the way in which we may correspond with you using electronic media.
11. Your right to access and correct your personal information
You have a right to have a copy of the personal information that we hold on you by contacting us at moc.puorgdnaltiam@noitcetorpatad or writing to us at the address below. You also have a right to require that any inaccurate personal information that we hold on you is corrected. If you find that any of your personal information is incorrect please contact us at moc.puorgdnaltiam@noitcetorpatad or write to us at the address below and we will correct it without delay.
For further information on your rights please see the section below headed: Data Protection Officer and how to contact us and Your Rights.
12. Sharing and transferring your personal information
We will never sell your personal information. We may share your personal information within the Maitland group of companies, with third party service providers to Maitland and regulatory or legal authorities only for the purpose of providing our contracted service(s) to you or as required by regulations or law.
Maitland operates internationally and has offices and personnel in: United Kingdom, Luxembourg, South Africa, and Guernsey, and complies with applicable legislation internationally. Maitland has internal processes and safeguards in place for the safe transfer of your personal information between Maitland companies located in the European Union, countries with data protection laws that are considered equivalent to those in the European Union (Guernsey), and in countries classed as Third Countries by the European Union (United Kingdom and South Africa). We apply an equivalent standard of protection to your personal information in all of our office locations globally.
Maitland also uses a number of third parties service providers who may, on occasion or routinely depending on their role, have access to your personal information as set out in section 6 above. Maitland has made arrangements with these third party services providers so that your personal information may be moved safely to and from their offices and personnel.
13. Changes to this Policy
We will place any updates to this Policy (or any other policies referred to in this Policy) from time to time on our website. When we change this Policy in a material way, a notice will be posted on our website along with the updated Policy.
Additional information will be given to you if required for specific interactions or in relation to specific products or services or depending on the way we interact with each other. For example if you use Maitland-provided third party apps we may provide you privacy notices just in relation to a particular data type collected through that app.
Data Protection Officer and how to contact us
We have appointed Data Protection Officers who are responsible for ensuring that Maitland is fully compliant with relevant data protection laws. If you have any questions or concerns about personal information or our Policy or you wish to make a complaint about how we have processed your personal information, or you wish to exercise any of your rights as a data subject please contact our Data Protection Officers by email at moc.puorgdnaltiam@noitcetorpatad.
You may also contact us by post at the following address:
Data Protection Officer
58, rue Charles Martel
Alternatively please feel free to contact your Maitland contact.
You also have a right to make a complaint to your local privacy Supervisory Authority where:
- you are living
- you work, or
- the alleged infringement took place.
Please click on the links below to access the Supervisory Authorities’ websites. Note that these websites are provided by the relevant Supervisory Authorities and not by Maitland, and therefore our policies will not apply to your use of these websites. You should check any policies the relevant Supervisory Authority has provided with their website.
Note that if you wish to make a complaint to the South African Information Regulatory this must be done using the prescribed Part 1 Form 5.
Please take a moment to familiarize yourself with Your Data Subject Rights to learn how to review any personal information that may be associated with you.
You are entitled to ask for details of any personal information that we hold. This will be provided as quickly as possible in the circumstances. We will not normally charge for accessing and providing you with the information.