Clarien respects your privacy and is committed to protecting your personal information. This privacy notice will inform you as to how we look after your personal information when you share it with us or when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

Please also use the Glossary below to understand the meaning of some of the terms used in this privacy notice.

1.  IMPORTANT INFORMATION AND WHO WE ARE

PURPOSE OF THIS PRIVACY NOTICE

This privacy notice aims to give you information on how Clarien collects and processes your personal information, including any information you may provide through a Clarien website such as when you use iBank or iTrade.

Clarien’s websites are not intended for children and we do not knowingly collect information relating to children via our websites. We may collect information on a child in order to provide a specific product or service for that child, and will only do so with the consent of the child’s parent or other legal guardian.

It is important that you read this privacy notice so that you are fully aware of how and why we are using your information.

CLARIEN ENTITIES THAT COLLECT AND USE DATA

Clarien is made up of the following legal entities:

• Clarien Group Limited
• Clarien Bank Limited
• Clarien Corporate Services Limited
• Clarien Trust Limited
• Clarien Investments Limited
• Clarien Brokerage Limited
• Clarien BSX Services Limited
• Global Voyager Funds Limited
• First Bermuda Group Ltd.
• Offshore Nominees Limited
• Onshore Nominees Limited

This privacy notice is issued on behalf of the Clarien Group of Companies so when we mention “Clarien”, “we”, “us” or “our” in this privacy notice, we are referring to the relevant company in the Clarien Group that is processing your information. Clarien Bank Limited is the data controller for the Clarien Group.

We have appointed a Data Privacy Officer (the “DPO”) who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the DPO using the details set out below.

CONTACT DETAILS

Our full details are:

Full name of legal entity: Clarien Bank Limited

Title of SVP, Head of Compliance & Operational Risk

Email address: dataprivacy@clarienbank.com

Postal address: Attn: Data Privacy Office, 2^nd Floor of 25 Reid Street, Hamilton HM 11, Bermuda

Telephone number: +1 (441) 296-6969

Please direct any concerns regarding your data privacy to dataprivacy@clarienbank.com and a member of our data privacy team will respond.

CHANGES TO THE PRIVACY NOTICE AND YOUR DUTY TO INFORM US OF CHANGES

Clarien reserves the right to make changes to this privacy notice without notice to you. Any changes made will become effective when the revised notice is published to Clarien’s website.

Historic versions can be obtained by contacting the Data Privacy Officer.

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your relationship with us.

THIRD-PARTY LINKS

Our website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share information about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

2.  THE INFORMATION WE COLLECT ABOUT YOU

Personal information, or personal data, means any information about an individual from which that person can be identified. It does not include information where the identity has been removed (anonymous information).

We may collect, use, store and transfer different kinds of personal information about you which we have grouped together as follows:

We also collect, use and share Aggregated Information such as statistical or demographic information for any purpose. Aggregated Information may be derived from your personal information but is not considered personal information in law as this information does not directly or indirectly reveal your identity.

For example, we may aggregate your Usage Information to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Information with your personal information so that it can directly or indirectly identify you, we treat the combined information as personal information which will be used in accordance with this privacy notice.

Clarien collects certain types of sensitive personal information, including within the context of recruitment or employment where the nature of the role justifies such collection and use, and may use such information for the purpose of any criminal or civil proceedings, further to an order of the court or the Privacy Commissioner, or, with your consent, for any other lawful purpose including making decisions regarding whether to provide you with a particular service or product.

We may collect any information about criminal convictions and offences, or other adverse media, through publically available resources for the purposes of performing due diligence and transaction monitoring in compliance with Bermuda’s AML/ATF regulations.

IF YOU FAIL TO PROVIDE PERSONAL INFORMATION

Where we need to collect personal information by law, or under the terms of a contract we have with you and you fail to provide that information when requested, we may not be able to meet our legal obligations or perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In such cases, we may be required to terminate our relationship with you or cancel a product or service you have with us, but we will notify you if this is the case at the time.

3.  HOW IS YOUR PERSONAL INFORMATION COLLECTED?

We use different methods to collect information from and about you including through:

• Direct interactions. You may give us your Identity, Contact and Financial Information by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal information you provide when you:
• apply for our products or services;
• create an account with us directly or through our website;
• subscribe to our service or publications;
• request marketing to be sent to you;
• enter a competition, promotion or survey; or
• give us some feedback.
• Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Information about your equipment, browsing actions and patterns. We collect this personal information by using cookies, server logs and other similar technologies.
• Third parties or publicly available sources. We may receive personal information about you from various third parties and public sources.
• Third Party Apps. Clarien uses Third Party applications or “Apps” that may collect certain information about you to assist in providing a particular service offered by Clarien. Specific App notices are listed below:

4.  HOW WE USE YOUR PERSONAL INFORMATION

We will only use your personal information for the purposes we tell you, and always with a lawful basis. Most commonly, we will use your personal information in the following circumstances:

• Where we need to perform the contract we are about to enter into or have entered into with you to provide products and services.
• Where there is a reasonable expectation on our part that you would not request us to not begin or to cease our use of your personal information.
• Where we need to comply with a legal or regulatory obligation.

To find out more about the types of lawful basis that we will rely on to process your personal information contact the Data Privacy Officer by email at dataprivacy@clarienbank.com.

Generally we do not rely on consent as a legal basis for processing your personal information other than in relation to direct marketing communications to you via email, text or other electronic message. You have the right to withdraw consent to receive these communications at any time by contacting the Data Privacy Officer by email at dataprivacy@clarienbank.com, or by clicking the “unsubscribe” link provided on marketing communications.

PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL INFORMATION

Below you will find a table listing all the ways we use your personal information, and which of the legal bases we rely on to do so. We have also identified what our reasonable expectations are where appropriate.

Note that we may process your personal information for more than one lawful ground depending on the specific purpose for which we are using your information.

MARKETING

We strive to provide you with choices regarding certain personal information uses, particularly around marketing and advertising.

PROMOTIONAL OFFERS FROM US

We may use your Identity, Technical, Usage and Profile Information to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or obtained products or services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.

THIRD-PARTY MARKETING

Unless your consent is deemed to have been given by law, we will get your express opt-in consent before we share your personal information with any company outside our group for marketing purposes.

OPTING OUT

You can ask us or third parties to stop sending you marketing messages at any time by contacting the Data Privacy Officer by email at dataprivacy@clarienbank.com at any time, or by clicking the “unsubscribe” link provided on marketing communications.

Where you opt out of receiving these marketing messages, this will not apply to personal information provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions you have conducted through a Clarien Group company.

COOKIES

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of our website may become inaccessible or not function properly.

CHANGE OF PURPOSE

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.

If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5.  DISCLOSURES OF YOUR PERSONAL INFORMATION

We may have to share your personal information with the parties set out below for the purposes set out in the table in paragraph 4 above.

• Internal Third Parties as set out in the Glossary below.
• External Third Parties as set out in the Glossary below.
• Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal information in the same way as set out in this privacy notice.

We require all third parties to respect the security of your personal information and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal information for their own purposes and only permit them to process your personal information for specified purposes and in accordance with our instructions.

6.  INTERNATIONAL TRANSFERS

We share your personal information within the Clarien Group and within the group of entities sharing common ownership under NCB Financial Group Limited and Edmund Gibbons Limited. This may involve transferring your information outside of Bermuda.

Some of our external third parties are based outside of Bermuda so their processing of your personal information will involve a transfer of information outside Bermuda.

Whenever we transfer your personal information out of Bermuda, we take steps (either through contractual or operational means) to ensure your information receives the same or a better level of protection we deploy to maintain the security and confidentiality of your personal information.

7.  INFORMATION SECURITY

We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal information breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

8.  INFORMATION RETENTION

HOW LONG WILL YOU USE MY PERSONAL INFORMATION FOR?

By law we have to keep certain information about our customers (including Identity and Financial Information) for five years after they cease being customers. Our policy is to keep information for six years following the creation of a record, or following the termination, expiry or conclusion of our relationship with you.

In some circumstances you can ask us to delete your information: please contact the Data Privacy Officer for further information on your rights regarding information erasure.

In some circumstances we may anonymize your personal information (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

9.  YOUR LEGAL RIGHTS

Under certain circumstances, you have rights under Bermuda’s privacy laws in relation to your personal information. These rights are as follows, with further detail provided in the Glossary below:

• Request access to your personal information.
• Request correction of your personal information.
• Request erasure of your personal information.
• Request restriction of processing your personal information.
• Right to withdraw consent.

If you wish to exercise any of the rights set out above, please contact the Data Privacy Officer by email at dataprivacy@clarienbank.com.

NO FEE USUALLY REQUIRED

If a request you make to us is repetitive or excessive, we may charge a reasonable fee or refuse to comply. If we refuse to comply we will tell you our reasons.

WHAT WE MAY NEED FROM YOU

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights). This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to assist our response.

TIME LIMIT TO RESPOND

We try to respond to all legitimate requests within 45 days. Occasionally it may take us longer if your request is particularly complex or you have made a number of requests. In this case, we will notify you that we will extend the response time by up to an additional 30 days, and keep you updated.

10.  GLOSSARY

LAWFUL BASIS

Reasonable Expectation means a reasonable expectation that the information subject would not reasonably be requested that the use of the personal information should not begin or should cease in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. You can obtain further information about how we assess reasonable expectation in respect of specific activities by contacting the Data Privacy Officer by email at dataprivacy@clarienbank.com.

Performance of Contract means processing your information where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation means processing your personal information where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

THIRD PARTIES

INTERNAL THIRD PARTIES

Other companies in Clarien’s group of affiliated companies based in Bermuda, Jamaica and Cayman, who provide shared services to Clarien.

EXTERNAL THIRD PARTIES

• Service providers based outside of Clarien’s jurisdictions of operation who provide IT and system administration services.
• Professional advisers including lawyers, bankers, auditors and insurers based in Bermuda, Canada and the United States who provide consultancy, banking, legal, insurance and accounting services.
• Regulators and other authorities based in Bermuda, Jamaica and Cayman.
• Credit agencies based in Bermuda.

YOUR LEGAL RIGHTS

You have the right to:

Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.

Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected, though we may need to verify the accuracy of the new information you provide to us.

Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal information to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Request restriction of processing of your personal information. This enables you to ask us to suspend the processing of your personal information for the purposes of advertising, marketing or public relations, or where the use of the personal information is causing or is likely to cause substantial damage or distress to the individual or another individual.

Withdraw consent at any time where we are relying on consent to process your personal information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.