Legals

Legal information

Your information

Cayman National Bank and Trust Company (Isle of Man) Limited and Cayman National Trust Company (Isle of Man) Limited, collectively "Cayman National", are the Data Controllers of any personal data we collect and hold about you. This privacy notice and the Terms and Conditions provided to you sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. "Information" refers to any personal data about you that you or third parties provide to us.

The personal data collected by the Data Controller will be used for the purposes of the provision of services, to comply with the regulatory requirements in relation to anti-money laundering, countering terrorist financing, anti-bribery & corruption and the provision of data to relevant tax authorities as and when required and any other external regulatory body to which the Data Controller is legally required to provide information as and when the governing legislation or tax reporting requirements change.

We may monitor or record any communication between you and Cayman National including certain telephone calls. We may use these recordings to check your instructions to us, to assess and improve our service to you. For security and to prevent and detect crime we may use CCTV in and around our premises to monitor and collect images of you.

We may obtain external legal advice or contact a debt recovery agency in relation to credit facilities granted by Cayman National. Your personal data may be disclosed to these agents during the management of the debt recovery.

The Compliance Manager is Cayman National's Data Protection Officer; they can be contacted by using the dpo@caymannational.im email address and addressing the email to the Data Protection Officer. Alternatively, the postal address and phone numbers are available from the Contact Us section of the website.

Personal data

The categories of personal data that Cayman National will require is documentation in respect of each beneficial owner / client which verifies their identity, source of wealth and the source of funds. Documentation and information relating to their tax status will also be required. If you fail to complete the full "Know Your Customer" due diligence requirements Cayman National will not facilitate or offer to provide any product or services to you.

Detail relating to your ability to cover a debt, repay a loan and your financial standing may also be applicable. Verification of your position and right to act in relation to a company or structure will be required. Other data may be collected from time to time in the provision of services. This will be communicated to you and its collection is required to evidence Cayman National has met its obligations under applicable anti-money laundering, countering terrorist financing or tax reporting legislation as updated from time to time.

The Personal Data collected may be transferred to external parties who have a legitimate right to the information under the governing legislation on the Isle of Man such as, The Beneficial Ownership Act 2017 and other similar legislation which may come into force in the future.

Cayman National may transfer data relating to your account, company, structure or beneficial ownership outside of the Cayman National group of companies and outside of jurisdictions which form part of the EEA (European Economic Area) in order to provide services to you. In accepting the terms and conditions governing the provision of services to you, you understand and agree to Personal Data being processed in this manner.

Where personal data is being transferred to third parties or third countries Cayman National will ensure that there is in place adequate security to safeguard the personal data. Cayman National will only use known and approved third parties for the provision of services.

Personal data will be retained in line with the requirements of overriding legislation such as the anti-money laundering, countering terrorist financing. Cayman National may however be required to retain personal data outside of the prescribed timeframes where an ongoing investigation is being undertaken by a police force, other investigative agency or regulatory body; or where a dispute has arisen and is being investigated or whereby legal proceedings are taking place. In these instances, the personal data will be retained for as long as deemed necessary. Destruction of such data will be completed as soon as practicable thereafter.

You as a data subject (an individual who is the subject of personal data) have the following rights under the Data Protection legislation:

Data subjects have a right to access their personal data. A request to access the data should be made in writing. Cayman National will respond to requests to provide copies of the data held within the prescribed timeframe under the Data Protection Act 2002 data subjects have the right to have any inaccurate data corrected. Data subjects have the right to request Cayman National to stop processing their personal data for the purposes of marketing. Where consent has been given to Cayman National for specific purposes in relation to the processing of personal data the data subject can withdraw their consent at any time. Processing will cease if permissible by law.The data subject has a right to lodge a complaint with Cayman National in relation to the processing of their personal data. If the matter has not been resolved satisfactorily the data subject can complain to the Information Commissioner. The contact details of the Information Commissioner are: Telephone +44 1624 693260, email: ask@inforights.im or post: Po Box 69, Douglas, Isle of Man, IM99 1EQ. Data subjects have the right to have their data destroyed. Destruction will be completed in accordance with the Record Retention Policy operated and approved by the Board of Cayman National.

You can find out what personal data we hold on you by making a "subject access request". We will provide you with:

A description of the data we hold; Tell you why we are holding it; Tell you who it could be disclosed to; A copy of the information comprising the Personal Data and the details of the source of the data, where available

If you submit a subject access request, we may contact you to confirm your right to access the data, clarify what data you are seeking access to, discuss how best the data can be provided to you and arrange settlement of the applicable £10 fee, if not already received. Please contact the Data Protection Officer on the details noted above should you require access to your Personal Data. Further details on the provision of your data can be provided to you upon your request.

Website

This website is the property of Cayman National. Replication, reproduction, redistribution and / or transmission of any information contained in this website is strictly prohibited without the absolute consent of Cayman National. You may not reproduce any other part of the website including the structure and style. The use of links from any other site to this website is absolutely prohibited without the consent of Cayman National. Cayman National maintains the right to delete or modify in whole or in part any information on this website without prior notice.

The copyright and content of this website is owned by Cayman National. Accessing this website is your confirmation that you understand and accept the restrictions placed upon you in viewing and visiting the website. You agree to indemnify Cayman National and its employees from all and any loss, liability, legal claims or damage incurred or suffered from your misconduct or misuse of the website or breach of any terms and conditions referenced in this statement.

Potential clients should take professional legal and taxation advice relevant to their personal circumstances and to their own jurisdiction prior to commencing any form of business relationship with Cayman National.  Cayman National does not provide such advice directly but can assist to obtain independent professional advice if necessary. The purpose of this website is the provision of information on our services and products. The download or access to information on this website does not constitute the giving of professional advice by Cayman National or the offer of services or the agreement to enter into an arrangement with you.

We recognise this website is available worldwide and the content may not be appropriate in all jurisdictions. Cayman National accepts no liability arising from you accessing or viewing the website which may be in contravention of any laws in the jurisdiction you are resident or located in.

We therefore reserve the right to make the final determination on whether you are eligible for a particular product or service.

Cayman National endeavours to ensure that the data and other material in this website is correct and complete, but does not accept liability for any errors, delays in content or omission from this website, resulting from any software or hardware which may be used on your computer or due to errors in transmission to your computer. Any of the material on our website may be out of date at any given time, but we will take all reasonable steps to update material as soon as practicable. All product details, interest rates, terms, conditions and other information are subject to change at any time without notice. Terms, conditions and fees apply to the various Cayman National products and full details are available on application.

Cayman National does not guarantee the accuracy of information provided by third parties linked to this site. You accept that Cayman National has no liability over the nature and content of third party information accessed through the website. These links are referenced on our website for your ease of access and for information purposes only, the accuracy and suitability of the information contained on these sites is outside of our control.

If you have access to view your account online you confirm to meet all security requirements placed upon you in accessing the service. Any irregularities noted during your access to this site must be brought to our attention immediately. Should you have compromised your own log in details you must notify Cayman National immediately. If you choose to correspond with Cayman National using electronic mail you accept that this is not a secure method of communication. Cayman National takes no responsibility for the unauthorised access by a third party or the altering of data being transmitted electronically to us. The provision of electronic information is permitted through the provision of the appropriate mandate. This clearly sets out the potential weakness of electronic communications. You confirm and accept all liability or loss, damage or legal claims arising through the use of unsecured electronic communications by you.

Cookie Policy

When you visit this website, we may collect information about you which is useful in improving the operation of the website or used for essential functionality such as security when processing form data. The collection of the information is through the traffic data on the site and through the creation of a number of cookies. These cookies are referred to as first party cookies as they are specific to the host site that created them, do not store any personal or sensitive information or anything that makes you personally identifiable to us.

Cookies are small test files placed on your computer and are commonly used on the internet. They can assist in remembering information about you when you visit the site and assist in the compilation of statistical data about the site such as browsing habits.

There are various different types of cookies. Our web server may create an essential session cookie called PHPSESSID, which is essential for your use of some of the interactive elements of the website, such as contact forms.  The cookie contains a session ID which is a mechanism for distinguishing your visit to our website from any other visitors that may be using the website at the same time. This cookie expires when you leave our website.

Analytics

We use Google Analytics, which creates a number of first-party cookies, all prefixed __utm:

__utma contains a unique and anonymous identifying ID, which allows us to ensure that subsequent visits to our website are recorded as belonging to the same (unique) visitor. This cookie expires after two years.__utmb used to establish and continue a unique user session. Each time you request another page from the website the cookie is updated to expire after 30minutes.__utmc works with __utmb to determine when to create a new session for a website visitor. This is a session cookie and expires when you exit the browser.__utmz tracks how you found us and is used to calculate traffic and navigation within the website.

Full details of the cookies which Google Analytics uses can be found in Cookies & Google Analytics in documentation for Google's Analytics tracking code. You can also read Google's Privacy Policy for Google Analytics.

We don't share the data that Google Analytics collects, and we don't believe that our use of Google Analytics is privacy-intrusive. We use the data that is collected in the following ways:

to report, in aggregate,      how our visitors find and use our website;to understand overall      visitor behaviour; and to inform how we update      and improve our website.

To opt out of our use of Google Analytics you may wish to consider using the Google Analytics Opt-out Browser Add-on.

Other cookies

From time to time we may use additional external services on our website which may create cookies on your device. As we add new services or make changes that use cookies, we will update this cookie policy with the details.

You can configure your internet browser to warn you each time a new cookie is about to be stored on your computer. This allows you to make the decision as to whether to proceed and accept the cookie or reject it. Certain parts of our website may not function correctly if you reject the use of cookies. By accessing this website, you accept the use of cookies and your personal information for the purposes detailed above.

For more information about managing cookies, please see   http://www.aboutcookies.org/.

FATCA / CRS

The Isle of Man has entered into closer tax co-operation with the United States (US) via an automatic exchange of information agreement known as FATCA – Foreign Account Tax Compliance Act. FATCA has resulted in Cayman National providing prescribed data to the US IRS (Inland Revenue Service) in respect of customers with specific US indicia.

In addition to FATCA the Isle of Man has adopted the principles of CRS (Common Reporting Standards). CRS, developed by the OECD, is an international initiative based on the development of a single global standard for the automatic exchange of information between various countries tax authorities.  As a result of this, Cayman National will provide prescribed data to other CRS participating countries on an annual basis. A list of participating CRS countries can be found at  http://www.oecd.org/tax/automatic-exchange/crs-implementation-and-assistance/crs-by-jurisdiction/

Patriot Act

The US Patriot Act 2001 was passed in October 2001. It includes a number of provisions intended to combat money laundering and the financing of terrorism. US financial institutions are required to maintain certain information about foreign banks that maintain relationships with them. Please contact us should you need to review our Patriot Act Certificate.

Anti-bribery & Corruption

Cayman National is committed to guard against all forms of bribery and corruption. The boards of Cayman National have adopted an Anti-bribery & Corruption Policy to ensure that their reputation for ethical behaviour and financial probity is clearly visible in the markets we operate and to our clients and business partners. Cayman National operates a zero tolerance for bribery and corruption in all forms, whether it is committed by its employees, officers, agents or clients. This policy extends to all clients, agents and business partners through its dealings with Cayman National in the Isle of Man.

Cayman National

Cayman National Bank and Trust Company (Isle of Man) Limited and Cayman National Trust (Isle of Man) Limited are licensed by the Isle of Man Financial Services Authority (IOMFSA). The registered office and principal place of business of Cayman National Bank and Trust Company (Isle of Man) Limited and Cayman National Trust (Isle of Man) Limited is Cayman National House at 4-8 Hope Street, Douglas, Isle of Man, IM1 1AQ, British Isles. Telephone +44 1624 699000.

Cayman National Corporation Limited is a public company quoted on the Cayman Islands Stock Exchange whose registered office and principal place of business is at 200 Elgin Avenue, George Town, Grand Cayman, Cayman Islands. Depositors may wish to form their own view on the financial standing of Cayman National Bank & Trust Company (Isle of Man) Limited and Cayman National Trust (Isle of Man) Limited and the group based on publicly available information. The latest report and accounts are available – see below.

Cayman National Bank & Trust Company (Isle of Man) Limited is a participant in the Isle of Man Depositors' Compensation Scheme as set out in the Depositors' Compensation Scheme Regulations 2010.

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