PRIVACY NOTICE
This privacy notice governs how we use your personal information.
Pursuant to our legal obligations, Jáuregui-Hogan is committed to protecting your personal information when you use our services. This privacy notice explains how we collect, retain and process your personal information.
—Monday, 3rd July, 2023.
Your personal information.
This section sets out how the personal information which we collect about you will be used.
We will always observe relevant legal and regulatory requirements and employ appropriate security measures in order to protect your personal information.
Contacting us.
For the purposes of the General Data Protection Regulation, 2016, Jáuregui-Hogan is a controller, meaning that we determine the purpose and means of processing the information we collect from and about you.
Jáuregui-Hogan is also a controller in respect of any information you provide to Jáuregui-Hogan Concordia, which is a wholly owned subsidiary of Jáuregui-Hogan.
Should you ever have any questions, comments or complaints about this privacy notice, or any of its contents, please contact us via any of the following means and we shall be pleased to assist you:
By post The Data Protection Officer, Jáuregui-Hogan, 89 Saint Attracta Road, Cabra, Dublin 7, D07 X4P2, Ireland
By electronic mail By submitting a contact form on our Contact page.
Information which we collect.
We may collect the following types of information about you:
identity data, including your title, name, sex, date of birth, nationality and marital status;
identification data, including your image, passport details, driving licence or other identification documents;
contact data, including postal addresses, electronic mail address and telephone numbers;
profile data, such as your background, the services you use, and your interests and preferences;
details of your financial position and history, including source of wealth, employment, directorships and affiliations;
details in respect of your assets and liabilities, if required to assess eligibility to act as a director or charity trustee;
details of your character, provided by a personal or professional referee or via media monitoring of publicly available sources;
details of transactions you effect using our services;
information which you may provide to us about your family and other relationships relevant to the services we provide. We shall presume that you have the authority to share this information with us and will treat it with the utmost confidence;
information which you provide when completing surveys used for research purposes, should you elect to participate;
information with which you provide to us, from time-to-time, including when you register, subscribe to, request or use any of our services, or when you submit queries to us;
information which you provide when you fill in our online forms or visit our website; and
details of your visits to our websites.
Please note that—
if you contact us, by any means, we will keep a record of that correspondence; and
if you speak to us on the telephone or via video conference, the call may be recorded, and a copy of the call may be retained.
In addition to the above, Jáuregui-Hogan may also collect—
information which you provide to us regarding details of settlors, trustees, beneficiaries, testators, donors and legatees; and
information you have provided to Jáuregui-Hogan where you have requested our services.
To ensure our records are complete and accurate, we may, if required, check and supplement the details which we hold about you using external sources, such as public registers, including, without limitation, the Register of Companies, the Central Register of Beneficial Ownership of Companies and Industrial and Provident Societies and the Central Register of Beneficial Ownership of Trusts.
Your duty to inform us of changes.
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 business relationship with us.
How we use your information.
General uses of information.
We use your information—
to confirm your identity and allow us to carry out checks in the interest of security and to detect and prevent fraud. If you are providing information about others, you must inform them of the information contained in this notice and be sure that you have their agreement to disclose to us their details;
to administer and maintain your account and to provide you with services;
to respond to your queries;
to perform our obligations under any contracts entered into between you and us;
to notify you about any changes to our services or our website, or both;
to send you marketing information and service notifications;
to comply with our legal and regulatory obligations;
to improve the services which we offer; and
for general statistical analysis.
In addition to the above, Jáuregui-Hogan may also use the information you supply to—
act as trustees for different types of trusts;
act as attorney or registered person; and
provide administration of trusts.
Information used for marketing and analytical purposes.
We use information which we hold about you to identify events which we think you may wish to attend or products and services which we think may be of value to you.
The information we use to make these decisions includes both details you decide to share with us directly, and details collected through your interactions with Jáuregui-Hogan, such as your recent transactions or use of services and systems.
We will only contact you for marketing purposes where you have given us consent to do so.
We may share basic details with venues or hosts if you elect to attend an event, but we shall never sell nor transfer your data to a third party to use for direct marketing purposes without your knowledge and consent.
You have the right to require us not to send you marketing messages by post, telephone or electronic mail, or any combination thereof, at any time. You can do this by:
contacting your usual Jáuregui-Hogan contact or our Data Protection Officer at any time;
checking certain exclusionary boxes on the forms we use to collect your data; or
replying directly to the marketing message.
Whatever your preference, you will still receive statements and other service notifications which we may need to send you containing important information in relation to your accounts or services we provide to you.
We employ a variety of innovative analytical tools and techniques, and we may perform analysis, data matching and profiling using your information. This may affect the products and services which we may offer you, or the professional fees we charge you for them.
We will do this to—
identify unusual transactions or behaviours to keep your accounts safe from potential fraud; and
personalise conversations and offers to identify potential products and services or events which may be of value to you based on your feedback, expectations and preferences, or based on customers in a similar segment or with similar circumstances.
These activities may be done manually, but we also use automated machine learning tools to be as accurate as we can. Notwithstanding, we shall never make a purely automated decision concerning you, and we have suitable checks in place to ensure manual outcomes are fair and consonant with your interests.
Lawful processing.
We will rely on the following legal bases to process your information:
where you have consented to such use. If you do elect to provide your consent, you may withdraw it at any time by contacting your usual Jáuregui-Hogan contact or our Data Protection Officer;
for the performance of a contract with you for the provision of services, or to effect measures at your request prior to entering into same. If provision of your personal information is a legal or contractual requirement, or a requirement necessary to contract with us, and you elect not to provide it, we may be precluded from performing any or all of the tasks which we need to in order to provide certain services to you;
to comply with our legal and regulatory obligations; and
for our legitimate interests in—
establishing, administering and maintaining your account with us,
communicating with you,
keeping Jáuregui-Hogan and your information secure, including, without limitation, protecting against fraud,
responding to any incidents or complaints,
ensuring the quality of the services we provide to you,
managing and developing our technologies,
business development, and
statistical analysis.
We may process your sensitive and special categories of information (which may include data concerning your health, personal data revealing your racial or ethnic origin, political opinions, religious or philosophical beliefs, biometric data, criminal convictions and offences or data concerning sexual orientation) where you have provided your explicit consent or where this is otherwise necessary:
for the establishment, exercise or defence of legal claims;
where it is in the substantial public interest to do so; or
where we need to effect our legal and regulatory obligations.
Sharing your information.
We will provide your information to our professional associates to allow them to assist us with delivering the products or services which you have requested, under the following categories:
professional services providers, namely, chartered or public accountants, statutory auditors, chartered tax advisors, trust and estate practitioners, consultants, solicitors and barristers;
information technology and information security providers;
intermediaries which introduce you to us;
companies which we introduce you to;
where you request that we do so, your information will be passed between us and Jáuregui-Hogan Concordia to provide services to you which you have requested;
Irish public authorities, law enforcement agencies and regulators;
if we are under a duty to disclose or share your information with the Revenue Commissioners, who may transfer it to the Government or other authorities in Ireland or of another country where you may be subject to tax;
third party payers to confirm the correct account details are being used;
event organisers or market research companies, and in such case only where you elect to attend an event or to participate in a research study; and
where Jáuregui-Hogan, whether the whole or part of its assets, were to be acquired by a third party, in which case personal data about you as one of our customers would be one of the transferred assets.
Our websites may, from time-to-time, contain links to and from third party websites. Where you follow such a link to any of these websites, please check their privacy policies.
International data transfers.
For some processing actives, we transfer your personal information to recipients without Ireland and the European Economic Area. These transfers are undertaken to meet our legal and regulatory obligations or to support Jáuregui-Hogan’s provision of products and services to you, and to protect you from fraud.
We currently transfer data to the following countries without Ireland: the Federal Republic of Germany and the United Kingdom of Great Britain and Northern Ireland.
While some jurisdictions are deemed adequate by the Irish Government and by the European Commission, not all destination countries offer the same level of protection afforded by the General Data Protection Regulation, 2016 for personal information as in Ireland or the European Union. Where this is the case, we put in place appropriate safeguards to protect your information and enter into standard contractual clauses with each recipient.
Keeping your information.
We will keep your information only for as long as is necessary depending on the purpose for which it was provided in accordance with law. The retention periods for any service provided by Jáuregui-Hogan, Jáuregui-Hogan Secretariat and Jáuregui-Hogan Trusts is five years from the date of the conclusion of an occasional transaction or of a business relationship. The retention period for any service provided by Jáuregui-Hogan Concordia is seven years from the date of the conclusion of services.
When determining the retention periods outside of these parameters, we will take into account certain factors, including:
the nature and sensitivity of the personal data;
the potential risk of harm from unauthorised 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;
our legal and regulatory obligations to retain data for a certain periods of time;
the Statutes of Limitations;
the existence of any dispute, whether actual or apprehended; and
guidelines issued by our supervisory authorities.
In certain circumstances, we will anonymise your personal data so that it may no longer be associated with you for research or statistical purposes. In these cases, we may use this information indefinitely without further notice to you.
From time-to-time, the complexity of one of your business instructions may cause us to confer with a professional colleague, which will always be one of our professional associates. In such cases, your personal data will be anonymised so that you may no longer be identified. We are satisfied that each of our professional associates adopts equal or greater data protection measures as we do.
Security.
We have put in place measures to protect the security of your information.
These measures are intended 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 Officers, 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 and maintain equal or greater standards of data protection as we do.
We have put in place procedures to deal with any suspected data security breach and will notify you, the Data Protection Commission and any interested regulator of a suspected breach where we are legally required to do so.
As the transmission of information via electronic mail is, by its nature, insecure, we cannot guarantee confidentiality of your electronic mail communications with us while in transit.
Your rights.
You have the right to be provided with clear, transparent and easily understandable information about how we use your personal information and of your rights.
Your rights in connection with personal information.
Under certain circumstances, you have the right to—
object to the processing of your personal information where we are relying on a legitimate interest, or that of a third party, and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes;
request access to your personal information via what 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 whether we are lawfully processing it;
request the correction of the personal information which we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected;
request the 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 exercised your right to object to processing;
request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, where, for example, if you want us to establish its accuracy or the reason for processing it; and
request the transfer of your personal information to another party in a machine-readable, commonly used and structured format.
If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact your usual Jáuregui-Hogan contact or our Data Protection Officer.
The various rights are not absolute, and each such right is subject to certain exceptions or qualifications. Where we cannot provide a full response to you, we will let you know about that fact in our reply to your request.
What we may need from you.
We may need to request specific information from you to help us confirm your identity and ensure your right to access the information or to exercise any of your other rights. This security measure is to ensure that personal information is not disclosed to any person who has no right to receive it.
Fees.
You do not have to pay a fee to access your personal information or to exercise any of the other rights. However, in some cases, we may charge a reasonable fee where your request for access is excessive, or where you request multiple copies of the information. Alternatively, we may refuse to comply with the request in such circumstances.
Right to complain.
If you wish to request further information about any of your rights, or if you are unhappy with how we have handled your information, contact our Data Protection Officer.
If you are not satisfied with our response to your complaint, or if you believe our processing of your information does not comply with data protection law, you can make a complaint to the Data Protection Commission:
Telephone +353 (0)1 765 0100 or Freephone 1800 437 737.
Changes to our privacy notice.
We keep our privacy notice under regular review and any updates will be posted on our website. Where appropriate, changes may be notified to you by post or electronic mail.