A. ACCOUNT OPENING – processing data about you that we require in connection with opening our client’s account, such as identity verification information. This may include review and processing application and account opening documents and,if you are a principal, conducting background prudential and regulatory compliance checks.
B. PROVIDING PRODUCTS AND SERVICES TO OUR CLIENTS OR PROSPECTIVE CLIENTS – processing personal data to ensure the proper provision of our products and services to our clients. This includes identity verification, transaction processing and keeping appro priate records and registers (such as documenting agreements and recording in structions).
C. MANAGING OUR RELATIONSHIP WITH OUR CLIENTS AND CONNECTED PARTIES – including compiling and utilising internal reports and notes, managing the client file, conducting risk reviews, allowing you to access our websites and secure online platforms and other technological services, and, where applicable, managing any agreement or arrangement between us and our clients and connected parties.
D. COMMUNICATING WITH YOU – processing data required to communicate with you in person, by telephone, mail and email (including issuing statements and reports), keep records of our communications with you, and manage any complaints.
E. CARRYING OUT OPERATIONAL AND ADMINISTRATIVE FUNCTIONS - including carrying out billing-related and payment administrtion, staff and access management, preparing business reports and accounts, operating information technology systems, archiving and backing up data, and transferring personal data.
F. HELPING US TO IMPROVE OUR PRODUCTS, SERVICES AND OPERATIONS – including conducing market research, analysis of client and prospective client preferences, transactions and market trends, evaluating potential new products and services, evaluating the effectiveness of our marketing, as well as testing new systems and upgrading existing systems. To the extent permitted by law, this may include monitoring emails and your use of our brokerage, financial or other services made available to you electronically by SMTH to assess, maintain and improve the quality of our services.
G. PRUDENTLY MANAGING OUR BUSINESS AND PROTECTING AND ENFORCING OUR RIGHTS – including assessing, monitoring and managing financial, reputational and other risk, conducting audits of our business, liaising with our regulator, protecting data used by our business and establishing, enforcing and defending against legal claims.
H. MARKETING – such as direct marketing of products and services that we think may be of interest to our clients or prospective clients, including on behalf of SMTH affiliates and strategic partners.
I. MEETING OUR LEGAL, REGULATORY AND COMPLIANCE OBLIGATIONS AND PREVENTING FINANCIAL CRIME – this includes performing prudential and regulatory compliance checks on an ongoing basis, account and transaction monitoring, transaction reporting, tax reporting, monitoring our management of client accounts and client interactions, making disclosures to, and complying with requests from public authorities, regulators, tax authorities, governmental bodies or law enforcement agencies, and investigating and preventing fraud and other crime. To the extent permitted or required by law, this may include recording telephone conversations and monitoring emails and your use of our brokerage, financial or other services made available to you electronically by SMTH.
We may also process data for other purposes we notify to you from time to time.
3.2. LEGAL BASIS FOR PROCESSING
A. necessary in order to comply with our legal obligations under certain laws; This applies to regulatory compliance checks referred to in part
A and I of section 3.1, record keeping described in part D of section 3.1, reporting and creation of accounts referred to in part E of section 3.1, business management and regulatory liaison activities referred to in part G of section 3.1, and the processing described in part I of section 3.1, in each case where carried out in respect of the relevant laws.
B. necessary for entry into, or performance of, a contract with you; or Where you act as an intermediary, this relates to processing to manage our agreement with you, referred to in part C of section 3.1.
C. necessary for the legitimate interest of SMTH or others, where these are not overridden by your interests or fundamental rights and freedoms (as described below); or
D. in limited circumstances and to the extent the legal bases for processing set out above do not apply, processed with your consent (which we obtain from you from time to time)
The ‘legitimate interests’ referred to in section 3.2.C above are:
- the processing purposes described in sections 3.1.A to 3.1.I (inclusive) of this notice, to the extent the processing is not necessary in order to (i) comply with our legal obligations under certain laws or (ii) to enter into any contract with you and fulfil our obligations thereunder (for example, where you provide intermediary services);
- meeting and complying with our accountability requirements and regulatory obligations globally; and
- exercising our fundamental rights and freedoms, including our freedom to conduct a business and our right to property.