PRIVACY NOTICE
Introduction
Downey Lane O’Connor Limited T/A Fortress Financial Planning is committed to protecting and respecting your privacy. We wish to be transparent on how we process your data and show you that we are accountable with the GDPR in relation to not only processing your data but ensuring you understand your rights as a client.
Please read this Notice carefully as this sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.
Who are we?
We are Downey Lane O’Connor Limited T/A Fortress Financial Planning and we are a financial planning led intermediary authorised by the Central Bank:
- As an investment intermediary under the Investment Intermediaries Act, 195
- As an insurance intermediary under the European Union (Insurance Distribution) Regulations, 2018
- As a mortgage/mortgage credit intermediary under the Mortgage Credit Intermediaries/Mortgage Intermediaries authorised pursuant to Section 31(10) of the European Union (Consumer Mortgage Credit Agreements) Regulations 2016 and Section 151A (1) of the Consumer Credit Act 1995
For the purposes of GDPR Fortress Financial Planning is the data controller and our contact details are:
Address: 38 Fitzwilliam Street Upper, Dublin 2, D02 KV05
Telephone: 01 5042105
Email: info@fortress.ie
Purpose for processing your data and why we are processing your data? Our legal basis
In order to provide you with our services which include financial planning, investment advice and receiving and transmitting orders to product providers on your behalf it is necessary for us to collect and process your personal data. We also collect personal data to comply with relevant laws and regulations and to comply with regulatory requirements generally. We collect personal data when you first engage our services and at subsequent meetings. The personal data we collect is limited to that we require including:
· Identification and contact information including your name, date of birth, gender, marital status, PPS number, email address, home, mobile and work phone numbers
• Financial Details & Financial Information, including your occupation, job title, total remuneration, employment details, pension benefits, employer name, bank details, tax residence, your income, assets and liabilities.
• Health information such as information about your health status, medical records and medical assessment outcomes. We may also process certain special categories of information, for example information about your personal characteristics (biometric information) or disability information
• Pensions Benefits information such as current benefits, pension entitlement information, date of retirement and any relevant matters impacting your benefits such as voluntary contributions
When we collect sensitive personal data as defined within the GDPR, such as health information, we will ensure that we require this information, and that we have your explicit consent and/or authorisation prior to our collection.
We need to ensure that we process your personal data lawfully. We rely on the following legal grounds to collect and use your personal data:
• To provide the service(s) we have contracted to provide to you;
• To comply with a legal or regulatory obligation such as e.g. the requirement to carry out anti-money laundering customer due diligence;
• To pursue our legitimate interests e.g. by providing you with information about services we provide that may be of interest to you based on services we already provide;
• Where we collect sensitive personal data such as health information we can only do so on receipt of your explicit consent. We may also rely on your consent to send direct marketing to you. We will ensure that we present this to you concisely.
We will also ensure that we use clear and plain language and if you give us your consent you can withdraw this easily at any time.In any event, Fortress Financial Planning is committed to ensuring that the information we collect and use is appropriate for the purpose it was provided and does not constitute an invasion of your privacy.
How will Fortress Financial Planning use the personal data it collects about me?
Fortress Financial Planning will process (collect, store and use) the information you provide in a manner compatible with the EU’s General Data Protection Regulation (GDPR) and to provide the services you have requested us to provide or to comply with our legal and/or regulatory obligations. We will endeavour to keep your information accurate and up to date, and not keep it for longer than is necessary.
Who are we sharing your data with?
We will keep your personal data confidential but may pass your personal data on to third-party service providers contracted to Fortress Financial Planning in the course of dealing with you. Any third parties that we may share your data with are obliged to keep your details securely, and to use them only to fulfil the service they provide on your behalf.
We may also share your data with regulatory and other governmental bodies where we are required to do so by law or court order, including, but not limited to – the Revenue Commissioners, An Garda Siochana, the Companies Registration Office, the Pensions Board, The Financial Services & Pensions Ombudsman and the Central Bank of Ireland.
If we transfer personal data to a third party or outside of the EEA we as the data controller will ensure the recipient (processor or another controller) has provided the appropriate safeguards and on condition that enforceable data subject rights and effective legal remedies for you the data subject are available. We do not currently transfer personal data outside of the EEA.
Data Subjects Rights:
Fortress Financial Planning facilitates you, our clients, rights in line with our data protection policy and the subject access request procedure. This is available on request.
Your rights as a data subject
At any point while we are in possession of or processing your personal data, you, the data subject, have the following rights:
· Right of access – you have the right to request a copy of the information that we hold about you.
· Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete.
· Right to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records.
· Right to restriction of processing – where certain conditions apply to have a right to restrict the processing.
· Right of portability – you have the right to have the data we hold about you transferred to another organisation.
· Right to object – you have the right to object to certain types of processing such as direct marketing.
· Right to object to automated processing, including profiling
· Right to judicial review: in the event that Organisation Name refuses your request under rights of access, we will provide you with a reason as to why.
All of the above requests will be forwarded on should there be a third party involved as we have indicated in the processing of your personal data.
Retention of your personal data
Data will not be held for longer than is necessary for the purpose(s) for which they were obtained and in line with legal and regulatory requirements which currently require us to hold client data for at least 6 years after the relationship with the firm has ended.
Complaints
In the event that you wish to make a complaint about how your personal data is being processed by Fortress Financial Planning or how your complaint has been handled, you have the right to lodge a complaint with the firm.
You may also lodge a complaint with the Data Protection Commission in Ireland, whose details are:
Data Protection Commission
Canal House,
Station Road,
Portarlington,
Co. Laois, R32 AP23
Phone: + 353 57 868 4800 / + 353 761 104 800
Fax: + 353 57 868 4757
Web: www.dataprotection.ie
Email: info@dataprotection.ie
Contact Us
Your privacy is important to us. If you have any comments or questions regarding this statement, please contact us on 01 5042105 or email us at info@fortress.ie
Privacy policy statement changes
Fortress Financial Planning may change this privacy policy from time to time. When such a change is made, we will post a revised version online. Changes will be effective from the point at which they are posted. It is your responsibility to review this privacy policy periodically so you’re aware of any changes. By using our services you agree to this privacy policy.
Updated: 1 March 2022