Privacy & Notifications

PURPOSE OF THIS DOCUMENT POSI Ltd (“POSI Cayman”, “we”, “us” and “our”) is committed to being a responsible custodian of the information our client(s) (“you” and “your”) provides to us and the information we collect in the course of operating our business and providing legal services.

This Privacy Notice sets out how we may collect, use and share information about you and individuals connected to you and describes:

The types of information, including Personal Data, we may collect;
How we may use and share the information we collect;
Legal grounds for using Personal Data;
The measures we have in place to protect and safely store the information we collect;
Retention of the information that we collect;
Your choices and rights in respect of the information we hold;
How to contact us;
Complaints; and
Changes to this Privacy Notice.

Where there is any conflict between the terms of this Privacy Notice and any other document in relation to data protection the terms of this Privacy Notice shall prevail, although its contents are not contractual.

An individual connected to you could be any guarantor, a director, officer or employee of a company, partners or members of a partnership, any substantial owner, controlling person, beneficial owner, trustee or settlor or the protector of a trust, an account holder of a designated account, recipient of a designated payment, your attorney or representative, agent or nominee, or any other persons or entities with whom you have a relationship that is relevant to your relationship with us. Whenever we say “you”, “individuals connected to you” should be read as included as well.

For the purpose of this Privacy Notice, POSI Cayman will act as the data controller in accordance with the Cayman Islands Data Protection Act (as amended) (the “Act”).

We ask that you ensure that any relevant individuals connected to you be made aware of this Privacy Notice and the individual rights and information it sets out, prior to providing their information to us or our obtaining their information from another source.

If you or anyone else on your behalf, has provided or provides information on an individual connected to you, you or they must first ensure that you or they have the authority and appropriate legal basis to do so.

INFORMATION WE COLLECT. This Privacy Notice is concerned with Personal Data we collect about you. (“Personal Data”) means any data by which you as an individual can be directly or indirectly identified however, data which is completely anonymized or depersonalized is not included in this definition. Some of the Personal Data we hold about you will have been supplied by you. Other Personal Data may have come from another legal advisor, broker, agent or intermediary, or other sources you have asked us to obtain information from. We might also obtain some Personal Data from publicly available sources.

We will usually collect personal data such as:

name, prior names, gender, date and place of birth, occupation;
identification materials we may need for our compliance obligations (copy of passport, national ID card, social security or national insurance number, utility bills, financial details and/or source of wealth etc;
contact details (e.g. addresses, e-mail address, position in a company, landline and mobile numbers;
other information about you that you may have provided us with during the course of our relationship with you, e.g. by filling out forms or during face-to-face contact, telephone, e-mail and the like;
complaints or disputes you may have had with us and details of the underlying transaction(s);
information about you which is a matter of public record or readily obtainable and which we deem relevant;
sales and marketing information;
records of correspondences and other communications between you and your representatives and us, including e-mail, telephone calls, letters and the like;
information that we need to support our regulatory obligations (e.g. information about transaction details, detection of any suspicious and unusual activity and information about parties connected to you or these activities); and
information from third-party providers who assist us to combat fraud, money laundering and other crimes.

In addition to the above, our website www.posipartners.com (“Website”) or related websites may also collect:

information that you provide to us, such as when you fill out a contact or web form, or if you register to receive alerts or updates;
information that we obtain or learn, such as information about the browser or device you use to access the Website, how you use this site and the pages you visit, traffic and location data;
information you provide to us if you experience problems when using the Website and we may also ask you to complete surveys for research purposes, although you don’t have to respond to these; and
if we have an existing relationship with you, and we are able to identify you from information obtained or provided by your use of the site, we may associate those sets of information.

Our Website is not designed or intended for children and we do not knowingly collect data relating to children. We may also collect certain types of sensitive or special category data about you, such as details about any criminal records or information about your health, political affiliations, ethnicity or religious beliefs.

HOW WE WILL USE PERSONAL DATA. We will use your Personal Data when the law allows us to. Most commonly, we will use your Personal Data in the following circumstances:

we may use personal information as described in this Privacy Notice subject to your consent;
where we need to perform the contract we have entered into with you;
where we need to comply with legal or regulatory obligations;
where it is necessary for a legitimate interest pursued by us or a third party and your interest and fundamental rights do not override those interests;
where we need to protect your interest (or someone else’s interests); and/or
where it is needed in the public interest or for official purposes (such as compliance with a court order or regulatory direction).

Based on the reasons for using your data noted above, the purpose for which we use your information commonly includes:

to contact you (performance of the contract);
to carry out our obligations arising from any contracts entered into between you and us and to facilitate the provision of legal services and related services offered by us.
to promote the legal services, we offer and related services offered by POSI Cayman and our group companies which we feel may interest you;
to permit selected third parties to assist us in the improvement and optimisation of advertising, marketing material and content, our services and the Website;
to assist us in the improvement and optimisation of advertising, marketing material and content, our services and the Website (legitimate interests);
to notify you about changes to our service (performance of a contract; compliance with legal obligations; legitimate interests);
to ensure that content from our Website is presented in the most effective manner for you and your computer (legitimate interests);
as part of our efforts to keep our Website safe and secure and to prevent or detect fraud (legal obligations; legitimate interests);
to provide customer support (performance of a contract with you); and
to comply with the requirements imposed by law or any court order (legal obligation)

INFORMATION ABOUT THE WEBSITE We may collect information about your computer (or mobile device), including where available your IP address, operating system, and browser type, for system administration or for our commercial purposes. This is statistical data about our users’ browsing actions and patterns and does not identify any individual.

We use cookies and similar technologies to distinguish you from other users of this site, to improve your experience when accessing this site, and to improve the site.

WHO WE MIGHT SHARE YOUR PERSONAL DATA WITH. We do not sell, rent or otherwise share any information with unaffiliated entities except as expressly described in this Privacy Notice or with your prior permission. We may share anonymised information that does not reasonably identify you or your organisation only as permitted by applicable law. We may share relevant Personal data of yours with other parties where it is lawful to do so, including where:

it is necessary to comply with our contractual obligations or with your instructions
we have a public or legal duty to do so (e.g. to assist with detecting and preventing fraud, tax evasion and financial crime or compliance with a court order);
we are obligated in connection with regulatory reporting, litigation or asserting or defending legal rights and interests;
we have a legitimate business reason for doing so (e.g. to manage risk or verify identity); and/or
we have asked you if we can share it, and you gave consent.

Parties we might share your Personal Data with can include (without limitation) those listed below. Please note this list is non-exhaustive and there may be other examples that we need to share with other parties in order to provide our services as effectively as we can:

government or regulatory authorities;
professional indemnity or other relevant insurers;
third parties to whom we outsource certain services such as, without limitation, document processing and translation services, confidential waste disposal, IT systems or software providers, IT Support service providers and information storage providers:
third parties engaged in the course of the services we provide to clients such as counsel, arbitrators, mediators, clerks, witnesses, cost draftsmen, court, opposing party and their lawyers, document review platforms and experts such as tax advisors or valuers;
third party service providers to assist us with client insight analytics;
third-party postal or courier providers who assist us in delivering our postal marketing campaigns to you, or delivering documents related to a matter;
banks you instruct us to make payments to or receive payments from;
any persons or entities where required in connection with potential or actual corporate restructuring, merger, acquisition or takeover, including any transfer or potential transfer of any of our rights or duties under our agreement with you;
fraud prevention agencies who will also use Personal Data to detect and prevent fraud and other financial crimes and to verify your identity;
anyone who provides instructions to us on your behalf (e.g. under a Power of Attorney, Attorneys, intermediaries, investment managers etc.); and/or
anybody else that you have instructed us to share your information with.

We might share aggregated and/or anonymized or depersonalized data with third parties for analytics; marketing and research purposes where we do so we will ensure that neither you nor any other person will be identifiable from the data.

RETENTION OF PERSONAL DATA. We keep Personal Data only for as long as it is necessary for the specific purpose the data was collected for or as long as we are required by applicable laws and regulations. We are generally required to retain records for at least 6 years from the date our contractual relationship with you ends. We may keep Personal Data for longer periods where we have a legitimate interest in doing so, for instance, to address complaints, assert or defend our rights in litigation or other dispute resolution procedures or respond to requests from regulators or assist judicial authorities.

INTERNATIONAL TRANSFERS OF PERSONAL DATA. If we must transfer Personal Data to a third-party service provider engaged by us who is located outside the Cayman Islands, we will ensure that the transferred data is appropriately secure and protected. Where necessary, we will ensure that separate and appropriate legal agreements are put in place with the recipient of that data.

Reasons for having to transfer your personal data outside the Cayman Islands may include:

1) we need to carry out our contract with you;
2) we have to fulfil a legal obligation;
3) we need to protect the public interest; and/or
4) for your or our legitimate interests.

In some countries, the law might compel us to share certain information (e.g. with tax authorities). We will only share any information with parties who have the lawful authority and right to see it and only to the extent that such parties are permitted to see it. Similarly, the law may compel us to share data which will then be transferred to third countries under various international agreements.

INDIVIDUALS’ RIGHTS. As an individual or “Data Subject”, you have certain rights in relation to your personal data. These rights include:

the right to access the information we hold about you and to obtain information about how we process it;
the right to object to and withdraw your consent to our processing of your data. This right can be exercised at any time. However, we may continue to process your personal data if there is another legitimate reason or legal obligation for doing so. Please also note that depending on which kind of processing you object to, we may no longer be able to perform our contractual obligations with you;
the right to request that we rectify the information we hold about you if it is inaccurate or incomplete;
in some circumstances, you have the right to request the erasure and deletion of personal data we hold. We may however continue to retain it if we are entitled or required by law to do so; and
the right to object to, and to request that we restrict, our processing of your information in some circumstances. Please note that despite this general right we may be entitled under law to continue processing the information and/or to refuse that request.

You also have the right to complain to the data protection regulator in the Cayman Islands, which is the Office of the Ombudsman. You can contact them here: info@ombudsman.ky

You may also be able to seek redress for any violation of your data protection rights in the Cayman Islands courts or challenge a decision by the regulator.

Should you require us to review or otherwise handle documents and records that contain personal information which are subject to Regulation (EU) 2016/679 of 27 April 2016 (“GDPR“), then to the extent it is necessary and appropriate to do so and provided that you are unable to rely on Article 45 or Article 49 of GDPR in making such documents and records available to us, POSI Cayman will enter into EU standard contractual clauses with you in the form set out in Commission Implementing Decision (EU) 2021/914 (or such other appropriate form as the European Commission may adopt from time to time according to Article 46 of GDPR).

MISCELLANEOUS. Please ensure that any data you give us or ask third parties to provide to us is up to date, accurate and complete in all respects. Please inform us about any changes as soon as reasonably practicable.

We use a range of measures to keep information safe and secure which may include encryption and other forms of security.

We require our staff and any third parties who carry out any work on our behalf to comply with appropriate measures for the use and transfer of information. If you wish to know more about our data protection measures, please contact us (details provided below).

This Privacy Notice is governed by the laws of the Cayman Islands. Any disputes arising in connection with the Privacy Notice is subject to the exclusive jurisdiction of the Cayman Islands courts.

If you have any questions about this Privacy Notice or any data which we hold about you, please contact us at: info@posipartners.com