Policy Notice
This notice is to bring to the attention of both clients and enquirers alike some of the key policies adopted by FORM-A-CO (GIBRALTAR) LIMITED and its associated companies, namely Form-A-Trust (Gibraltar) Limited and Victoria Wealth Management Limited, (herein “the Companies”) that may be of interest to, or otherwise affect them.
DATA PROTECTION NOTICE
Information provided to Form-A-Co (Gibraltar) Limited and/or to its associate companies, namely Form-A-Trust (Gibraltar) Limited and Victoria Wealth Management Limited is subject to the provisions of the EU General Data Protection Regulations (GDPR) and the rights contained therein shall apply to all Applicants for Business and to Clients.
Under the General Data Protection Regulations Form-A-Co (Gibraltar) Limited and its associate companies have legal obligations concerning the processing of information on Applicants for Business and on their Clients.
Please note: The term “processing” includes collecting, storing, recording, organising, consulting, adapting/altering, retrieving, using, disclosing or destroying the information or data.
The legal obligations under GDPR include (but are not limited to):
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Data collected must be specific. The purpose of the business must necessitate the collection of specific information about a data subject. Only data that is essential for the business purpose must be obtained and processed.
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Data collected must be dealt with according to the six Data Protection Principles, namely that personal data shall be:
1. Processed lawfully, fairly and in a transparent manner
2. Collected for a specific, explicit and legitimate purpose
3. Adequate, relevant and limited to what is necessary
4. Accurate and, where necessary, kept up to date
5. Retained only for as long as necessary
6. Processed in an appropriate manner to maintain security
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Sensitive data that is prohibited by law MUST NOT be requested, namely:
Race and ethnic origin
Political opinions
Religion and philosophical beliefs
Trade Union membership
Genetic and Biometric data
Health data
Concerning a person’s sex life and sexual orientation.
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Clear consent must be obtained from the Data Subject. Data controllers must be able to demonstrate that consent was given by the data subject. Consent may be withdrawn at any time and the withdrawal must be easily achieved (i.e. there must be no obstacles).
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Any requests from data subjects about the information held on them must be documented and include the nature of the request and the response given. A response to such a request must be made within one month.
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The Rights of the Data Subject must be respected at all times. YOUR rights include:
The Right to be informed
The Right of access
The Right of rectification
The Right to erasure
The Right to restrict processing
The Right to data portability
The Right to object
The Rights in respect of automated decision making and profiling
Policy on Anti-Bribery and Corruption
In compliance with the Bribery Act 2010 (UK), Part 24 of the Gibraltar Crimes Act 2011, and the Proceeds of Crime Act 2015:
The Anti-Bribery and Corruption Policy (“the Policy”) adopted by the Companies states that they are ‘committed to implementing and enforcing effective systems to counter bribery and corruption’ and that it is their policy ‘to conduct all aspects of business in an honest and ethical manner at all times.’
The said Policy applies to:
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All individuals working for the Companies, including anyone providing services to them (such as consultants, contractors, agents or introducers of business)
Please note that employees of the Companies are under strict instructions not to accept any form of gift or inducement and to report to management any incident whereby such an inducement is offered to them.
And to:
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Clients of the Companies and therefore, by extension, to companies and structures provided to or acquired by clients.
All incidences brought to the attention of the Companies whereby clients either directly or indirectly through their companies or structures, engage in, commit or condone the offering or receiving of bribes, shall be reported to the pertinent authorities. In addition, all services provided to the clients and/or their companies or structures shall immediately cease and the business relationship with the clients terminated.
It is an offence under the above-quoted laws to offer or receive any form of bribe, kickback or other form of inducement designed to influence or coerce an individual to act inappropriately or illegally in order to gain a commercial advantage.
Statement on Ethical Policy
This Policy has been formally adopted by the Companies in compliance with best practice and the ‘Systems of Control to Prevent the Financial System from being used for Money Laundering or Terrorist Financing Activities’ issued by the Financial Services Commission on 16th November 2016 and as amended (“The Guidance Notes”).
The Companies shall not entertain applicants for business, nor continue to provide services to clients, seeking to undertake a number of activities that are not necessarily illegal in any one particular jurisdiction but which, by their very nature, may prove controversial.
The list of such business activities that both FAC and FAT consider as unacceptable and therefore shall not entertain are:
- Dealing in medications, pharmaceuticals, health products or related products;
- Pornography, adult content material;
- Dating agencies, contact web sites;
- Dealing in arms or arms parts that may be used in weapons production (including chemicals);
- Timeshare;
- Travel Agencies;
- Gaming, gambling, lotteries and raffles;
- Financial services, financing, leasing;
- Any form of unregulated business related to the taking of investments, e.g. Binary Option Trading;
- Parallel trading;
- Tobacco, wines and spirits;
- Mercenary or contract soldiering;
- Security and riot control equipment, or any device that could lead to the abuse of human rights or be utilised for torture;
- Technical surveillance or bugging equipment;
- Industrial espionage;
- Dangerous or hazardous biological, chemical or nuclear materials;
- Trading in human or animal organs;
- Adoption agencies;
- Pyramid selling schemes;
- Religious cults or their charities;
- Clubs, Associations, Federations, NGO’s, etc;
- Private educational establishments, e.g. Academies or Universities;
- Generic web-hosting services for multiple undefined activities;
- Call-centre marketing services for undefined products or services, or “boiler room” enterprises;
- Abortion or assisted suicide clinics.
EXPLANATORY NOTE: The above list applies to applicants for business or clients who engage in (or have engaged in) such business activities irrespective of whether or not the services requested of, or provided by, FAC and/or FAT are or would be directly or indirectly linked to or form a part of those business activities deemed as unacceptable.