The Hornbuckle Privacy Notice applies to customers and prospective customers of Hornbuckle, which is a trading name of Embark Services Limited. This details how we will collect and process the personal data that we hold about you and your rights under the Data Protection Act in respect of the data held.
Embark Services Limited will be the Data Controller as defined under UK Data Protection legislation and regulations.
The lawful basis and purpose for the processing of your data
We will only process your personal data where we have a lawful basis for doing so. This includes:
- Where you have provided positive consent to us
- Where processing is necessary for the performance of a contract between you and us or to take steps to enter into a
- Where processing is necessary for compliance with a legal or regulatory obligation
- Where we have a legitimate interest upon which the data may be processed. Any decision to process data on the basis of
legitimate interest will be made on a case by case basis and in line with the guidance set out in UK Data Protection
The Information that we collect
We will collect personal data from you at the outset of your relationship with us, from your application as well as from other third parties such as your financial adviser and any providers that are transferring money or assets to us on your instruction. We will also collect personal data from you and other third parties you instruct on your behalf throughout the course of your relationship with us. This personal data will include;
- Contact information such as name and address, telephone numbers and email addresses
- Information from your contact with us, voice recordings from telephone calls, letters and emails.
- Socio-demographic information; age, employment status, profession, earnings, gender, other sources of wealth
- Family circumstances information; marital status, beneficiary information
- Transactional information; account transactions, access to our online client portals
- Legal; national identifiers, copy documents relating to your identity, nationality and citizenship such as birth
certificate, passport, proof of address documents, marriage certificates.
- Special category data if necessary, such as information relating to your health, such as medical conditions and
Sharing your personal data
We may disclose your personal data to other companies within the Embark Group of companies and third parties which provide services in connection with the administration of your account.
We may also share your personal information for legitimate business reasons or as may be required by applicable law and regulations with your Financial Adviser, third parties appointed by your Financial Adviser, third party investment managers, and product providers with whom you or your Financial Adviser instructs us to invest.
We may disclose your personal information to a credit reference agency in order to verify your details both during the application process and the ongoing administration of your account. This information will be used to prevent fraud and money laundering and to check your identity. Any checks performed may be recorded on your credit history.
We will disclose your personal information to any governmental, legal or regulatory body if required to do so by applicable law and regulation.
We may need to disclose sensitive personal data about you to third parties, such as information relating to your health where required to do so to give effect to an instruction from you or your Financial Adviser in respect of your account.
We may need to transfer your personal data to another country, in which case we will ensure that your personal data is afforded the same level of protection as is required under UK Data Protection legislation and regulations prior to sending your personal data.
We will otherwise keep your personal information confidential and never use it for any other purpose or pass your details to any third parties without your consent.
Retention of your personal data
We will retain your personal data for no longer than is necessary to provide the services under the Terms and Conditions applicable to the account and to meet any legal or regulatory obligations that may apply.
Your Data Protection Rights
You have a number of rights under the Data Protection laws, including:
- the right to request a copy of the personal information we hold on you. When you request this information, this is
known as making a Subject Access Request (SAR). In most cases, this will be free of charge, however in some limited
circumstances, for example, repeated requests for further copies, we may apply an administration fee;
- the right to have personal information we hold about you transferred securely to another service provider in electronic
- the right to have any inaccurate personal information corrected;
- the right to have any out of date personal information deleted once there’s no business need or legal requirement for
us to hold it;
- the right to object or restrict some processing, in limited circumstances and only when we don’t have legitimate
grounds for processing your personal information;
- the right to object to your personal information being used to send you marketing material. We will only send you
marketing material where you’ve given us your consent to do so. You can remove your consent at any time.
If you have any questions regarding how we use the data that we collect please contact:
The Group Data Protection Officer
The Embark Group
100 Cannon Street
If you are not satisfied with any aspect of how we have managed your data, you have the right to complain to the Information Commissioners Office. For further details of your rights under the UK’s data protection legislation and regulation please contact the Information Commissioner’s Office at https://ico.org.uk/for-the-public/
By signing our product application form, you consent to the use of your personal information for the purposes and on the terms set out above. You have the right to withdraw consent at any time.
- Hornbuckle does not provide investment advice. We only accept clients through a professional or financial adviser who can help them decide whether our products are right for them. Financial Advisers can be found through the FCA Register at www.fca.org.uk/register
- The website is provided by Embark Services Limited and any reference in this notice to ‘we’, ‘our’ or ‘us’ means Embark Services Limited.
- We make no warranty that the website will meet your requirements.
- The information provided is for general guidance only and nothing on these web pages constitutes financial, investment, tax or other professional advice.
- In the event that our website contains links to other websites not operated by us, these are provided for your convenience only. We have no control over, and accept no responsibility for, these other websites or their content, availability or functionality. We accept no responsibility for any loss or damage which may arise from your use of (or inability to use) such other websites or their contents.
Legal and regulatory status
Embark Services Limited and Hornbuckle Mitchell Trustees Limited are wholly owned subsidiaries of Embark Group Limited.
Embark Services Limited is authorised and regulated by the Financial Conduct Authority, under FCA firm reference number 120820.
Embark Group Limited
Registered number – 03578067
VAT number – GB399632690
Embark Services Limited
Registered number – 02089815
VAT number – GB399632690
Hornbuckle Mitchell Trustees Limited
Registered number – 02741578
VAT number – Not applicable
These terms are governed by the law of England and Wales and any disputes will be subject to the exclusive jurisdiction of the Courts of England and Wales.
All contracts will be provided to you and concluded in English and all communications between us will be in English.
The products and services referred to in this website may have tax consequences for which independent professional advice should be sought.
Any reference to taxation in this website is based on our interpretation of current UK tax law and practice, which may change in the future.
Other than where required by law, we provide no warranty as to the quality or fitness for purpose of the website or that it is free of errors, viruses or bugs. In addition we make no representation or warranties about the accuracy or the information contained on this website. Any errors should be reported to us immediately. We have taken reasonable care to ensure that the information provided by this site is accurate at the time of publication; however, no representation or warranty, express or implied, as to the reliability, accuracy or completeness of such information is given.
To the extent permitted by law, we shall have no liability for any direct, indirect or consequential loss or damage (whatsoever or howsoever caused) suffered by you or your client arising out of or in connection with:
- The use of this website.
- Any delay or inability to access or use of this site.
- Any change to this site.
- Any suspension, restriction or withdrawal of this site.
- The results of the use of this site.
- The use of, or reliance upon, the information provided through this site.
including, without limitation, any loss of profits, revenue, business, goodwill or business opportunity, or any loss of data or damage to computer systems, whether in an action for breach of contract, in negligence or any other tort, under statute or otherwise.
It is your responsibility to ensure that this website is not misused and that your computer is virus protected.
We will use reasonable endeavours to ensure that the website is available 24 hours a day 365 days a year subject to system maintenance and upgrades, but we are under no obligation to provide access to this site during those hours. You acknowledge that the internet is not a totally reliable medium of communication and that our website may become unavailable for reasons outside of our control. We shall have no liability to you or your client for any delay or failure to provide access to this site (or any part thereof). You acknowledge that your computer may not be fully compatible with this site and that your browser may not be supported by the Website. In such case, the Website (or some parts or features thereof) may not display or function properly.
Intellectual property rights
The contents and material on this website belong to us and may only be downloaded for the purposes intended. You should not reproduce or distribute the contents for private or other business use without our consent.
We take all complaints seriously and will investigate any issue raised by you in relation to your own experience with us or on behalf of your client. When dealing with complaints we have a specific complaints procedure we follow in order to ensure consistency.
We will assess only whether an investment can be held by a SIPP/SSAS under current HMRC tax guidelines and legislation. However, we are not responsible for the performance of the investment or service provided by the investment manager. The value of investments held within a pension scheme can fall as well as rise and clients might get back less than invested, including the loss of all funds invested. Past performance is not an indicator of future results.