This notice will explain how we collect and process personal data about directors, shareholders, ultimate beneficial owners, members, suitable certifiers, beneficiaries and trustees of the below:
What is considered personal data
As per Article 4 of the GDPR, it is any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Personal data that we could source from you as part of our statutory obligations (this is the information you may be obliged -depending on our relationship- to give us by law for the business to go ahead) :
Personal data that we could source from you as part of our contractual obligations as specified in Part IX b) -this is the information that you may have to provide in order for us to fulfil our obligations with you:
Special Category Data.
It is the kind of data that could create significant risks to a person’s fundamental rights and freedoms. For example, by putting them at risk of unlawful discrimination.
Personal data that we could source from you as part of our contractual obligations:
**Please note that whenever a copy of the data subject’s passport has been provided to us, this will not be considered as part of the biometrics data as this kind of information is only covered by the definition of biometric data when processed through a specific technical means allowing the unique identification or authentication of a natural person. Neither OFL, nor OPAL will process biometrics data. The mentioned copy will just be held as part of the data subject’s file**.
Criminal offence data.
It is the type of data about criminal allegations, proceedings or convictions.
Personal data that we could source from you as part of our contractual/statutory obligations:
Personal data that we could collect from third party sources as part of our statutory obligations:
How do we collect all the above information?
If you are our source of collection, we usually will gather the data through either one or more of the following:
If we have collected your data from 3rd party sources, we usually will gather the data through either one or more of the following:
For other personal data gathered from our web page, please click on this link: Privacy notice relating to our Website
Purposes of the processing
We will process your data based on one or more of the below purposes:
Lawful basis of the processing
If the purpose under which we process your data change, we still may be able to continue processing under the original lawful basis if our new purpose is compatible with the initial purpose (unless your original lawful basis was consent).
Who do we share your personal data with
We could share your personal data with one or more of the below recipients:
International sharing of the personal data.
As we do business internationally, we could share your information with any relevant country for the business based in two considerations:
Example: A UK national, shareholder of a company ‘Z’ in the IOM, that will buy into a Jersey registered company X that is regulated in Guernsey to provide insurance services to client Y.
In this example, your information could be shared with the UK, IOM, Jersey and Guernsey.
Under the GDPR, an international transfer of data may be made where:
A third country, a territory or one or more specific sectors in the third country, or an international organisation ensures an adequate/equivalent level of protection, and
The transfer is:
If none of the above apply, such transfers are permitted only where the transfer:
In these cases, we would be obliged to inform the relevant supervisory authority of the transfer and provide additional information to you.
We will retain your information for
Your data security.
We in OFL and OPAL have put in place security measures to ensure your data’s:
Under the GDPR, you are provided with the following rights:
To exercise one or more of the above rights please submit your request to our contact details shown below on this document and we will contact you within one calendar month**.
All the recipients with whom we have disclosed your personal data will be notified once a request of data rectification, erasure or restriction has been granted by us.
**Dates are calculated from the day after we receive the request (whether the day after is a working day or not) until the corresponding calendar date in the next month.
Please be advised that where we hold personal data in our capacity as processor (i.e. for companies where we provide registered agent/address services only) neither OFL nor OPAL will be able to provide a third party with any information on request.
If you are a third party requesting information on the above cases, please send by post/email your data request and it will be automatically forwarded to the Officers of the relevant company. You will obtain an answer from them within the periods marked by the law.
Automatic decision making and profiling
No automated decision making or profiling is made from these details.
You will be notified of:
You will be notified by either via email, correspondence, phone call, etc. of:
We will inform you of this changes before starting any new processing, giving you sufficient advance notice so that you have the opportunity to exercise your rights.
We don't offer our services directly to children. If due to a statutory or contractual obligation we see the need to request child’s personal information, we will never request it directly to the child but through the person with parental responsibility.
Your right to lodge a complaint with a supervisory authority and seeking a judicial remedy.
If you are dissatisfied with our advice, you have the right to lodge a complaint with the Supervisory Authority:
Isle of Man Information Commissioner
P.O. Box 69, Douglas, Isle of Man,
Telephone: +44 1624 693260
For Optimus Fiduciaries (Malta) Ltd, the following applies:
In terms of Regulation (EU) 2019/2088 – the Sustainable Finance Disclosure Regulation, OFML also referred to as the Company, is subject to certain requirements relating to sustainability‐related disclosures. The relevance of sustainability risks has been considered by the Board of Directors, and whilst OFML recognises environmental, social and governance (ESG) matters as contributors to creating and generating sustainable financial value, sustainability risks are not the primary focus of the products offered.
Whilst it is OFML's policy to promote the awareness and integration of ESG matters, it may not always be appropriate or possible to integrate sustainability risks into internal processes and activities, thus no consideration of adverse impacts are taken on sustainability factors during the limited investment decisions/powers granted to the Company in accordance with the Standard Licence Conditions of a Retirement Scheme Administrator. OFML is actively pursuing on how it can include ESG factors and consider adverse impacts and sustainability risks into its investment decision process to achieve the Sustainable Development Goals outlined in the Paris Agreement. Kindly contact us on email@example.com for a full copy of our ESG Policy.
Remuneration Policy: "No variable remuneration is paid to our staff unless it is determined to be justified following a performance assessment based on quantitative (financial) as well as qualitative (non - financial) criteria. The Company deems that there is no risk of misalignment with the integration of the sustainability risks, if any, in our investment decision making process with respect to any investment decisions in lieu of the Schemes. As such, the Company believes that the existing structures are sufficient to prevent excessive risk taking in respect of sustainability risks, if any."
For the Optimus Retirement Benefit Scheme No 1 ("the scheme"), the following applies:
OFML is a Retirement Scheme Administrator for the Optimus Retirement Benefit Scheme No.1. In terms of Regulation (EU) 2019/2088, presently, there no consideration of adverse impacts on sustainability factors and risks and the investments underlying the financial product do not take into account the EU criteria for environmentally sustainable economic activities This is due to the limited powers of the Company in accordance with the S.L.C of a Retirement Scheme Administrator. OFML is actively pursuing on how it can include ESG factors and consider adverse impacts and sustainability risks into its investment decision process to achieve the Sustainable Development Goals outlined in the Paris Agreement.
Whether you are an international firm or located on the Isle of Man we will be able to assist you.Mark Schofield, Director
Flexibility is key. We put your requirements first, then deliver outstanding service in everything we doKerry Jones, Senior Manager
In all my years of working with Optimus, they have always conducted themselves in a highly professional and timely manner whilst providing an excellent service to their clientsIndustry Professional, Director
Should you wish to make an enquiry please get in touch by using the contact form or by calling our office on +44 1624 695560