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.
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.
Clariens 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 childs
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 is made up of the following legal entities:
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.
Our full details are:
Full name of legal entity: Clarien Bank Limited
Title of DPO: VP, Head of Legal & Regulatory Compliance
Email address: dataprivacy@clarienbank.com
Postal address: Attn: Data Privacy Office, Ground Floor, 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.
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 Clariens 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.
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.
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:
|
Information
Categories |
Types
of information in category (not exhaustive) |
|
|
Identity Information |
Names (including usernames or similar identifier, Date of
Birth, Address, Contact Information, Images, Video Recordings, Voice
Recordings, Passport, Government-issued identification documents |
|
|
Employment Information |
Previous employment details, salary information, employee
expense reports, leave allocations and leave dates, pay stubbs, health
insurance statements, pension statements, non-hired employment applications,
employee contracts |
|
|
Financial Information |
Transaction activity, personal financial statements,
deposit balances, loan balances, arrears, account statements, credit card
statements, confirmation notes, Financial Statements and books of account,
budgets, annual plans |
|
|
Sensitive Information |
Race/Colour, National or Ethnic Origin, Political
Affiliation, religion, Sexual Orientation, Gender, Sexual Lifestyle, Marital
Status, Trade Union Membership, Physical or Mental Disability, Genetic
information, Biometric Information, Family Status |
|
|
|
|
|
|
Technical Information |
|
Includes your internet protocol (IP) address, your login information,
browser type and version, time zone setting and location, browser plug-in
types and versions, operating system and platform and other technology on the
devices you use to access this website |
|
|
|
|
|
Usage Information |
|
includes information about how you use our website,
products and services |
|
|
|
|
|
Marketing and Communications Information |
|
includes your preferences in receiving marketing from us
and our third parties and your communication preference |
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 Bermudas AML/ATF regulations.
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.
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:
|
Application |
Details |
|
Controls
& Alerts App |
Periodically collects, transmits, and uses geolocation
information to enable features that prevent fraudulent card use and send
alerts, but only if the End User expressly authorizes collection of such
information. Geolocation information can be monitored on a continuous basis
in the background only while the Control & Alerts App is being used or
not at all, depending on the End Users selection. End Users can change their
location permissions at any time in their device settings. |
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.
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.
|
Purpose/Activity |
Type
of information |
Lawful
basis for processing (including
basis of reasonable expectation) |
|
To register you as a new
customer |
(a) Identity |
Performance of a contract with
you |
|
To process and deliver your instructions
including: (a) Manage payments, fees and
charges (b) Collect and recover money
owed to us |
(a) Identity (b) Financial (c) Marketing and
Communications |
(a) Performance of a contract
with you (b) Reasonable expectation (to
recover debts due to us) |
|
To manage our relationship
with you which will include: (a) Notifying you about
changes to our terms or privacy policy (b) Asking you to leave a
review or take a survey |
(a) Identity (b) Marketing and
Communications |
(a) Performance of a contract
with you (b) Necessary to comply with a
legal obligation (c) Reasonable expectation (to
keep our records updated and to study how customers use our products/services) |
|
To enable you to partake in a
prize draw, competition or complete a survey |
(a) Identity (b) Usage (c) Marketing and
Communications |
(a) Reasonable expectation (to
study how customers use our products/services, to develop them and grow our
business) |
|
To administer and protect our
business and this website (including troubleshooting, information analysis,
testing, system maintenance, support, reporting and hosting of information) |
(a) Identity (b) Technical (c) Financial |
(a) Reasonable expectation (for
running our business and auditing our financial statements, provision of
administration and IT services, network security, to prevent fraud and in the
context of a business reorganisation or group restructuring exercise) (b) Necessary to comply with a
legal obligation |
|
To deliver relevant website
content and advertisements to you and measure or understand the effectiveness
of the advertising we serve to you |
(a) Identity (b) Usage (c) Marketing and
Communications (d) Technical |
Reasonable expectation (to
study how customers use our products/services, to develop them, to grow our
business and to inform our marketing strategy) |
|
To use information analytics
to improve our website, products/services, marketing, customer relationships
and experiences |
(a) Technical (b) Usage |
Reasonable expectation (to
define types of customers for our products and services, to keep our website
updated and relevant, to develop our business and to inform our marketing
strategy) |
|
To make suggestions and
recommendations to you about goods or services that may be of interest to you |
(a) Identity (b) Technical (c) Usage |
Reasonable expectation (to
develop our products/services and grow our business) |
We strive to provide you with choices regarding certain
personal information uses, particularly around marketing and advertising.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Under certain circumstances, you have rights under Bermudas
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.
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.
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.
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.
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.
Other companies in Clariens group of affiliated companies
based in Bermuda, Jamaica and Cayman, who provide shared services to Clarien.
Service providers based outside of
Clariens 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.
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.