The ATS Group is committed to protecting your privacy. This policy describes how we collect, use and look after your personal data. It also describes the rights you have and control you can exercise in relation to your personal data.
For the purposes of this policy, the following entities are controllers: Antis Triantafyllides & Sons LLC, ATS Services Limited, A.T.S. Directors Limited, A.T.S. (Consultants) Limited
A.T.S. (SECRETARIAL) Limited, A.T.S. Escrow Limited, A.T.S. Nominees Limited, A.T.S. Trustees Limited, A.T.S. Managers Limited, SBR Managers Limited, SBR Directors Limited,
L.M.N.T. Directors Limited, L.M.N.T. Managers Limited, L.M.N.T. Nominees Limited, L.M.N.T. Services Limited, L.M.N.T. Trustees Limited.
This policy is addressed to individuals outside ATS Group with whom we interact, including individual clients, representatives, directors, direct or indirect shareholders, beneficial owners and other stakeholders of client organisations, visitors to our website, other users of our services and suppliers.
Post: Data Privacy Manager
Antis Triantafyllides & Sons LLC
Capital Center, 9th Floor
2-4 Arch. Makarios III Ave.
1065 Nicosia, Cyprus
1. The personal data we collect about you
Personal data means any information about an individual from which that person can be identified. We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
• Personal information: your fist name(s), maiden name, surname, title, photograph, nationality, date of birth, gender, relationship to a person, position, role, company or organization, employer, copy of passport or national identity, utility provider details, bank statements;
• Contact information: telephone number(s) (including mobile phone number(s) where provided), fax numbers as well as email and postal/residential address;
• Financial information: payment related information and financial information required for anti-money laundering or compliance purposes;
• Business information: data identifying you in relation to matters on which you instruct us or in which you are involved;
• Payment details: billing address, payment method, bank account number, accountholder name, account security details, invoice records, payment records, SWIFT details, IBAN details, payment amount, payment date, records of cheques;
• Identification and background information provided by you or collected by us as part of our business acceptance processes, anti-money laundering and compliance obligations;
• Information from publicly available sources and screening providers: e.g. sanctions lists and Worldcheck;
• Information in connection with investigations or proceedings: where this is necessary to provide our services to you;
• Attendance records: details of your visits to our premises;
• Personal information provided to us by or on behalf of our clients and partners or generated by us in the course of providing services, which may include special categories of data. Special category data in the EU refers to sensitive data such as your racial or ethnic origin, religious beliefs or health data;
• Preferences: when you give your consent to receive newsletters, legal updates or other communications from us;
• Consent records: records of any consents you may have given us, together with the date, means of consent and any related information (e.g. the subject matter of the consent);
• Supplier data: contact details and other information about you or your company or organisation where you provide services to ATS Group;
• Criminal record data: where permitted by national law and appropriate to do so, such as existence of prior criminal offences (or confirmation of clean criminal record);
• Any other information relating to you which you may provide to us, for example health personal data, if required by us in order to be able to provide legal and other services to you e.g. to defend you in legal proceedings against you.
We must ensure that your personal information is accurate and up to date. Therefore, please advise us of any changes to your information by emailing the Data Privacy Manager using the details given at the beginning of this policy. We will not be responsible for any losses arising from any inaccurate, inauthentic, deficient or incomplete personal data that you provide to us.
We take every reasonable step to ensure that your personal data that we process are limited to what is necessary in connection with the purposes set out in this policy.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you. In this case we may have to cancel the provision of services to you.
2. How your personal data is collected
We regularly receive personal data as part of our processional activities.
We may collect or obtain your personal data in the following ways:
• Directly from you, as part of our business intake procedures when you provide it to us;
• In the course of our relationship with you, e.g. when you email us or provide such data to us
• you make public: we make collect about you personal data that you choose to make public;
• When you or your organization or business associates seek legal advice or legal, administrative, corporate, trust and other services from us;
• When you or your organization offer or provide services to us as our vendor;
• When you send us information through our website;
• Through screening providers who assist us with our legal obligations to conduct under anti-money laundering, sanctions screening and regulatory checks;
• From law enforcement authorities
• From public records / sources.
Creation of Personal Data
We may create Personal Data about you, such as records of your communications and interactions with us.
3. How we use your personal data
We will use your personal data for the following purposes:
• Service provision: providing legal advice and legal, administrative, corporate, trust and other services by ATS Group;
• Business relationship: managing and administering our relationship with you, your company or organisation including keeping records about business contacts, services, billing and collection, and payments; operating and managing our website and services provided to you, communicating and interacting with you and notifying you of any changes to our website or services;
• Communication: sending emails, newsletters and other messages to keep you informed of legal developments, market insights and for marketing of our services;
• Client compliance check: Know your client checks and confirming and verifying your identity. Client due diligence checks (under anti-money laundering, sanctions screening and other crime prevention and detection laws and regulatory requirements) which may involve automated screening checks to ensure that clients and contacts are genuine and to prevent fraud or crime and we may not be able take instructions if you do not provide the information we need to do these checks.;
• Site security: to provide security to our offices and other premises;
• Online security: protecting our information assets and technology platforms from unauthorised access or usage and to monitor for malware and other security threats;
• Regulatory: compliance with our legal and regulatory obligations including record keeping obligations, compliance screening, anti-money laundering and sanctions checks and reporting to and being audited by regulatory bodies;
• Compliance: compliance with court orders, applicable law and other legal and regulatory requirements and obligations and also to exercise or defend legal claims or proceedings;
• Conducting investigations and fraud prevention: detecting, preventing and investigating fraud;
• Financial management: managing and administering the payment of our invoices and the fulfilment of your financial obligations towards us;
• Managing suppliers: who deliver services to us, including processing payments, accounting auditing billing and collection;
• Managing IT systems and provision of security: managing and administering our IT systems and ensuring that we have adequate security measures in place;
• Legal proceedings: establishing, exercising and defending legal rights/claims;
• Legitimate interest: to pursue the legitimate business interests listed in the “Legitimate Interests” section of this policy below.
If you have given us your express consent, we may process your personal data for communicate with you with respect to legal developments, announcements, events and services. You may withdraw your consent at any time by contacting our Data Privacy Manager using the contact information provided at the beginning of this policy.
4. Our reasons for using your personal data
We will process your personal data for the following reasons:
• processing is necessary in connection with an instruction you have given us or a contract which we have entered into with you or to take steps at your request before entering into such a contract to provide legal advice and legal, administrative, corporate trust or other services to our clients;
• this is necessary to comply with legal or regulatory obligations to which we are subject to: for example anti-money laundering and mandatory client screening checks or disclosure to law enforcement;
• processing is necessary for our legitimate business interests: provided this does not override any interests or fundamental rights and freedoms that you have as an individual. Our legitimate interests are listed in the next section;
• you have given us your consent: for the processing of your personal data. We shall rely on consent as a legal basis for processing your personal data in relation to communicating with you with respect to legal developments, announcements, events and notifying you of our services. You have the right to withdraw such consent at any time by contacting our Data Protection Manager using the details set out above.
We have legitimate business interests in:
• providing legal advice and legal services, administrative, corporate, trust or other services to you;
• managing our business and relationship with you or your company or organisation;
• understanding and responding to inquiries and client feedback;
• improving our services and offerings;
• receiving information from companies in the ATS Group of companies for shared clients;
• enforcing our terms of engagement and website and other terms and conditions;
• ensuring our IT and communication systems and premises are secure;
• ensuring debts are paid.
5. Disclosures of your personal data to third parties
We may disclose your information with others as follows:
• Firms in the ATS Group of companies: we may share your personal data between the ATS Group of companies entities, including their management, lawyers, staff and contractors in order to provide legal advice and legal, administrative, corporate, trust and other services and for administrative, billing and other business purposes;
• Clients: if we have collected your personal data in the course of providing legal, administrative, corporate, trust or other services to any of our clients, we may disclose it to that client and where permitted by law, to others for the purpose of providing those services;
• Trusted third parties: we may share your personal information with certain trusted third parties which provide services to the ATS Group of companies, such as our professional advisers and auditors, suppliers and processors to whom we outsource certain support services, IT service providers, software providers, communication suppliers. We shall take measures to protect the confidentiality and security of the personal data in such circumstances;
• Third parties which provide professional services to your company or organization provided we are requested by you or your company or organization to do so;
• Law enforcement bodies and regulators: courts, tribunals, or other competent authorities in accordance with legal requirements or to exercise or defend a legal claim. We may be required to disclose your information to comply with legal or regulatory requirements;
• Any party as needed in connection with legal proceedings
• Your company or organisation: in relation to us providing legal, administrative, corporate, trust and other services;
• Screening service providers, financial institutions and regulatory bodies: so that we can comply with legal obligations in relation to the prevention or protection of crime, fraud, anti-money laundering, sanctions screening and other required checks;
• Registrars of public records: when we have a legal obligation to proceed with any registration in public records.
Otherwise, we will only disclose your personal data when you direct us or give us permission, when we are required by applicable law or regulations or judicial or official request to do so, or as required to investigate actual or suspected fraudulent or criminal activities.
6. Personal data about others
7. Data Transfers outside the European Economic Area
Other than disclosures in accordance with section 5 above, we shall not transfer your personal data outside the European Economic Area (EEA).
We have implemented appropriate technical and organizational security measures to prevent your personal data from being accidentally lost, altered, disclosed, used or accessed in an unauthorized way.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
9. Where will your information be held?
Personal data may be kept on our personal IT systems, those of our contractors or in paper files.
10. How long do we keep your personal data?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting or regulatory reporting requirements. We will, in particular, retain your personal data where required for ATS Group to assert or defend against legal claims until the end of the relevant retention period or until the claims in question have been settled.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
11. Your Legal Rights
Under certain circumstances, you have rights under data protections laws in relation to your personal data. If you would like to exercise, or discuss, any of these rights, please contact the Data Privacy Manager as listed in this Policy above. We may require proof of your identity before we can give effect to these rights.
You have the right to:
• Request Access: you are entitled to ask us if we are processing your data and, if we are, you can request access to your personal data. This enables you to receive a copy of the personal data we hold about you and certain other information about it;
• Request Correction: you are entitled to request that any incomplete or inaccurate personal data we hold about you is corrected, though we may need to verify the accuracy of the new data you provide to us;
• Request Erasure: you are entitled to ask us to delete or remove personal data 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 data 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 data to comply with local law. There are also certain exceptions where we may not always be able to comply with your request for erasure, for specific legal reasons which will be notified to you, if applicable, at the time of your request. One example is where the personal data is required for compliance with law or in connection with claims;
• Object to processing: where we are processing your personal data based on legitimate interests (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. However, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms. You also have the right to object where we are processing your personal information for direct marketing purposes;
• Request Restriction of Processing: you are entitled to ask us to suspend the processing of certain of your personal data, in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds or a legal obligation to use it;
• Request Transfer: you may ask us to help you request the transfer of certain of your personal data to another party;
• Withdraw Consent at any time: where we are processing personal data with consent, you can withdraw your consent at any time;
• Right to lodge a complaint with the supervisory authority in Cyprus, the Office of the Commissioner of Personal Data (www. dataprotection.gov.cy).
We may use the information you give us for direct marketing from us only if you give us your consent. You can opt-out of receiving direct marketing from us at any time by sending an email to the Data Protection Manager using the details set out at the beginning of this policy.
Links to third party websites
We do not knowingly collect information from children or other persons who are under 14 years old. If you are under 14 years old, you may not submit any personal data to us.
13. Changes to this Policy
If we change anything important about this policy, we will highlight those changes at the beginning of the policy.
14. How to contact us
If you would like more information about the way we manage personal data that we hold about you please contact our Data Privacy Manager as set out at the beginning of this policy.