Privacy Policy

Last modified: June 13, 2023

Introduction

Wingspan Legacy Partners LLC and its affiliated companies, including but not limited to Wingspan Wealth LLC (the “Company” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit the website wingspanlegacy.com (our “Website“) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

  • On this Website.
  • In email, text, and other electronic messages between you and this Website.

It does not apply to information collected by:

  • Us offline or through any other means, including on any other website operated by Company or any third party(including our affiliates and subsidiaries); or
  • Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or through the Website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Website, including information:

  • About your internet connection, the equipment you use to access our Website, and usage details.

We collect this information:

  • Directly from you when you provide it to us.
  • Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
  • From third parties, for example, our business partners.

Information You Provide to Us

The information we collect on or through our Website may include:

  • Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, or contacting us to request further services. We may also ask you for information when you report a problem with our Website.
  • Records and copies of your correspondence (including email addresses), if you contact us.
  • Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.
  • Your search queries on the Website.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
  • Information about your computer and internet connection, including your IP address, operating system, and browser type.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).

The information we collect automatically may include personal information. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Website according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
  • Web Beacons. Pages of our Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
  • Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.

We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

  • To present our Website and its contents to you.
  • To provide you with information, products, or services that you request from us.
  • To fulfill any other purpose for which you provide it.
  • To provide you with notices about your account, including expiration and renewal notices.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to our Website or any products or services we offer or provide though it.
  • To allow you to participate in interactive features on our Website.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

Disclosure of Your Information

We may disclose aggregated information about our users, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

  • To our subsidiaries and affiliates.
  • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Wingspan Wealth LLC’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Wingspan Wealth LLC about our Website users is among the assets transferred.
  • To fulfill the purpose for which you provide it.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our Terms of Use, services agreement between the Company and its client, and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this Website may then be inaccessible or not function properly.

Accessing and Correcting Your Information

You can review and change your personal information by logging into the Website and visiting your account profile page.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions and other personal information will be encrypted using SSL technology.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the Website home page. If we make material changes to how we treat our users’ personal information, we will notify you through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at:

info@wingspanlegacy.com

or via our toll-free number:

617-383-5919

To register a complaint or concern, please email info@wingspanlegacy.com.

WINGSPAN DATA PROTECTION POLICY FOR COMPLIANCE WITH EU GENERAL DATA PROTECTION REGULATION (“GDPR”)

1 PURPOSE

This policy establishes an effective, accountable and transparent framework for ensuring compliance with the requirements of the GDPR.

2 SCOPE

This policy applies to all WINGSPAN employees and all third parties responsible for the processing of personal data on behalf of WINGSPAN and its affiliated entities.

3 POLICY STATEMENT

WINGSPAN is committed to conducting its business in accordance with all applicable data protection laws and regulations and in line with the highest standards of ethical conduct.

This policy sets forth the expected behaviors of WINGSPAN employees and third parties in relation to the collection, use, retention, transfer, disclosure and destruction of any personal data belonging to a WINGSPAN contact (i.e. the data subject).

Personal data is any information (including opinions and intentions) which relates to an identified or identifiable natural person. Personal data is subject to certain legal safeguards and other regulations, which impose restrictions on how organizations may process personal data. An organization that handles personal data and makes decisions about its use is known as a Data Controller. WINGSPAN, as a Data Controller, is responsible for ensuring compliance with the data protection requirements outlined in this policy. WINGSPAN, as a Data Processor is responsible for ensuring compliance with the requirements of the Data Controller and with the data protection requirements outlined in this policy.

WINGSPAN’s leadership is fully committed to ensuring continued and effective implementation of this policy and expects all WINGSPAN employees and third parties to share in this commitment. Any breach of this policy will be taken seriously and may result in disciplinary action or business sanction.

3.1. Governance

3.1.1. Data Protection Officer
To demonstrate our commitment to data protection, and to enhance the effectiveness of our compliance efforts, WINGSPAN has appointed a Data Protection Officer. The Data Protection Officer operates with independence and is supported by suitability skilled individuals granted all necessary authority. The Data Protection Officer works with and reports to the Data Privacy Team at WINGSPAN, made up of members of the Senior Management Team. The Data Protection Officer’s and the Data Privacy Team’s duties include:

  • Informing and advising WINGSPAN and its employees who carry out processing pursuant to data protection regulations, national law or European Union based data protection provisions;
  • Ensuring the alignment of this policy with data protection regulations, national law or European Union based data protection provisions;
  • Providing guidance with regards to carrying out Data Protection Impact Assessments (DPIAs);
  • Acting as a point of contact for and cooperating with Data Protection Authorities (DPAs);
  • Determining the need for notifications to one or more DPAs because of WINGSPAN’s current or intended personal data processing activities;
  • Making and keeping current notifications to one or more DPAs because of WINGSPAN’s current or intended personal data processing activities;
  • The establishment and operation of a system providing prompt and appropriate responses to data subject requests;
  • Informing senior managers, officers, and directors of WINGSPAN of any potential corporate, civil and criminal penalties which may be levied against WINGSPAN and/or its employees for violation of applicable data protection laws.

Ensuring establishment of procedures and standard contractual provisions for obtaining compliance with this Policy by any third party who:

  • provides personal data to WINGSPAN;
  • receives personal data from WINGSPAN; or
  • has access to personal data collected or processed by WINGSPAN.

3.1.2. Data Protection by Design

To ensure that all data protection requirements are identified and addressed when designing new systems or processes or services and/or when reviewing or expanding existing systems or processes or services, each of them must go through an approval process before continuing. Each WINGSPAN service/entity must ensure that a Data Protection Impact Assessment (DPIA) is conducted, in cooperation with the Data Protection Officer, for all new and/or revised systems or processes for which it has responsibility. Where applicable, any third-party Information Technology (IT) contractors, as part of WINGSPAN’s IT system and application design review process, will cooperate with the Data Protection Officer to assess the impact of any new technology uses on the security of personal data.

3.1.3. Compliance Monitoring
To confirm that an adequate level of compliance that is being achieved by WINGSPAN in relation to this policy, the Data Protection Officer will carry out an annual data protection compliance audit for all such services/entities. Each audit will, as a minimum, assess:

  • Compliance with policy in relation to the protection of personal data, including:
    • The assignment of responsibilities.
    • Raising awareness.
    • Training of employees.
  • The effectiveness of data protection related operational practices, including:
    • Data subject rights.
    • Personal data transfers.
    • Personal data incident management.
    • Personal data complaints handling.
    • The level of understanding of data protection policies and privacy notices.
    • The currency of data protection policies and privacy notices.
    • The accuracy of personal data being stored.
    • The conformity of data processor activities.
    • The adequacy of procedures for redressing poor compliance and personal data breaches. The Data Protection Officer, in cooperation with Data Privacy Team and Dept Heads from each WINGSPAN service/entity, will devise a plan with a schedule for correcting any identified deficiencies within a defined and reasonable time frame. Any major deficiencies and good practice identified will be reported to, monitored and shared by the WINGSPAN Data Privacy Team.

3.2. Data Protection Principles
WINGSPAN has adopted the following principles to govern its collection, use, retention, transfer, disclosure and destruction of personal data:

Principle 1: Lawfulness, Fairness and Transparency. Personal data shall be processed lawfully, fairly and in a transparent manner in relation to the data subject. This means, WINGSPAN must tell the data subject what processing will occur (transparency), the processing must match the description given to the data subject (fairness), and it must be for one of the purposes specified in the applicable data protection regulation (lawfulness).

Principle 2: Purpose Limitation. Personal data shall be collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes. This means WINGSPAN must specify exactly what the personal data collected will be used for and limit the processing of that personal data to only what is necessary to meet the specified purpose.

Principle 3: Data Minimisation. Personal data shall be adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed. This means WINGSPAN must not store any personal data beyond what is strictly required.

Principle 4: Accuracy. Personal data shall be accurate and, kept up to date. This means WINGSPAN must have in place processes for identifying and addressing out-of-date, incorrect and redundant personal data.

Principle 5: Storage Limitation. Personal data shall be kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed. This means WINGSPAN must, wherever possible, store personal data in a way that limits or prevents identification of the data subject.

Principle 6: Integrity & Confidentiality. Personal data shall be processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing, and against accidental loss, destruction or damage. WINGSPAN must use appropriate technical and organizational measures to ensure the integrity and confidentiality of personal data is maintained at all times.

Principle 7: Accountability. The Data Controller shall be responsible for, and be able to demonstrate compliance. This means WINGSPAN must demonstrate that the six data protection principles (outlined above) are met for all personal data for which it is responsible.

3.3. Data collection

3.3.1. Data Sources
Personal data should be collected only from the data subject unless one of the following apply:

  • The nature of the business purpose necessitates collection of the personal data from other persons or bodies.
  • The collection must be carried out under emergency circumstances in order to protect the vital interests of the data subject or to prevent serious loss or injury to another person.

If personal data is collected from someone other than the data subject, the data subject must be informed of the collection unless one of the following apply:

  • The data subject has received the required information by other means.
  • The information must remain confidential due to a professional secrecy obligation
  • A national law expressly provides for the collection, processing or transfer of the personal data.

Where it has been determined that notification to a data subject is required, notification should occur promptly, but in no case later than:

  • One calendar month from the first collection or recording of the personal data
  • At the time of first communication if used for communication with the data subject
  • At the time of disclosure if disclosed to another recipient.

3.3.2. Data subject consent

Each WINGSPAN service/entity will obtain personal data only by lawful and fair means and, where appropriate with the knowledge and consent of the individual concerned. Where a need exists to request and receive the consent of an individual prior to the collection, use or disclosure of their personal data, WINGSPAN is committed to seeking such consent. The Data Protection Officer, in cooperation with other relevant business representatives, shall establish a system for obtaining and documenting data subject consent for the collection, processing, and/or transfer of their personal data.

3.3.3. Data subject Notification

Each WINGSPAN service/entity will, when required by applicable law or contract, or where it considers that it is reasonably appropriate to do so, provide data subjects with information as to the purpose of the processing of their personal data. When the data subject is asked to give consent to the processing of personal data and when any personal data is collected from the data subject, all appropriate disclosures will be made, in a manner that draws attention to them, unless one of the following apply:

  • The data subject already has the information;
  • A legal exemption applies to the requirements for disclosure and/or consent. The disclosures may be given orally, electronically or in writing. If given orally, the person making the disclosures should use a suitable script or form approved in advance by the Data Protection Officer. The associated receipt or form should be retained, along with a record of the facts, date, content, and method of disclosure.

3.3.4. External Privacy Notices

Each external website provided by WINGSPAN will include an online ‘Privacy Notice’ and an online ‘Cookie Notice’ fulfilling the requirements of applicable law.

3.4. Data Use

3.4.1. Data processing
WINGSPAN uses the personal data of its contacts for the following broad purposes:

  • The general running and business administration of WINGSPAN services/entities.
  • To provide services to WINGSPAN’s stakeholders and clients.
  • The ongoing administration and management of customer/client services.

The use of a contact’s information should always be considered from their perspective and whether the use will be within their expectations or if they are likely to object. For example, it would clearly be within a contact’s expectations that their details will be used by WINGSPAN to respond to a contact request for information about the products and services on offer. However, it will not be within their reasonable expectations that WINGSPAN would then provide their details to third parties for marketing purposes.

Each WINGSPAN service/entity will process personal data in accordance with all applicable laws and applicable contractual obligations. More specifically, WINGSPAN will not process personal data unless at least one of the following requirements are met:

  • The data subject has given consent to the processing of their personal data for one or more specific purposes.
  • Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.
  • Processing is necessary for compliance with a legal obligation to which the Data Controller is subject.
  • Processing is necessary in order to protect the vital interests of the data subject or of another natural person.
  • Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Data Controller.
  • Processing is necessary for the purposes of the legitimate interests pursued by the Data Controller/Processor or by a third party (except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject, in particular where the data subject is a child).

There are some circumstances in which personal data may be further processed for purposes that go beyond the original purpose for which the personal data was collected. When making a determination as to the compatibility of the new reason for processing, guidance and approval must be obtained from the Data Protection Officer before any such processing may commence.

  • In any circumstance where consent has not been gained for the specific processing in question, WINGSPAN will address the following additional conditions to determine the fairness and transparency of any processing beyond the original purpose for which the personal data was collected: Any link between the purpose for which the personal data was collected and the reasons for intended further processing.
  • The context in which the personal data has been collected, in particular regarding the relationship between data subject and the Data Controller.
  • The nature of the personal data, in particular whether special categories of data are being processed, or whether personal data related to criminal convictions and offenses are being processed.
  • The possible consequences of the intended further processing for the data subject.
  • The existence of appropriate safeguards pertaining to further processing, which may include encryption, anonymization or pseudonymisation.

3.4.2. Special Categories of Data

WINGSPAN will only process special categories of data (also known as sensitive data) where the data subject expressly consents to such processing or where one of the following conditions apply:

  • The processing relates to personal data which has already been made public by the data subject.
  • The processing is necessary for the establishment, exercise or defense of legal claims.
  • The processing is specifically authorized or required by law.
  • The processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent.
  • Further conditions, including limitations, based upon national law related to the processing of genetic data, biometric data or data concerning health.

In any situation where, special categories of data are to be processed, prior approval must be obtained from the Data Protection Officer, and the basis for the processing clearly recorded with the personal data in question. Where special categories of data are being processed, WINGSPAN will adopt additional protection measures.

3.4.3. Children’s Data

Children under the age of 14 are unable to consent to the processing of personal data for information society services (any service normally provided for payment, by electronic means and at the individual request of a recipient of services). Consent must be sought from the person who holds parental responsibility over the child. However, it should be noted that where processing is lawful under other grounds, consent need not be obtained from the child or the holder of parental responsibility.

3.4.4. Data Quality

Each WINGSPAN service/entity will adopt all necessary measures to ensure that the personal data it collects, and processes is complete and accurate in the first instance, and is updated to reflect the current situation of the data subject. The measures adopted by WINGSPAN to ensure data quality include:

  • Correcting personal data known to be incorrect, inaccurate, incomplete, ambiguous, misleading or outdated, even if the data subject does not request rectification.
  • Keeping personal data only for the period necessary to satisfy the permitted uses or applicable statutory retention period.
  • The removal of personal data if in violation of any of the data protection principles or if the personal data is no longer required.
  • Restriction, rather than deletion of personal data, insofar as:
    • a law prohibits erasure.
    • erasure would impair legitimate interests of the data subject.
    • the data subject disputes that their personal data is correct and it cannot be clearly ascertained whether their information is correct or incorrect.

3.4.5. Profiling & Automated Decision Making

WINGSPAN will only engage in profiling and automated decision-making where it is necessary to enter into, or to perform, a contract with the data subject or where it is authorised by law. Where an WINGSPAN service/entity utilises profiling and automated decision-making, this will be disclosed to the relevant data subjects. In such cases the data subject will be given the opportunity to:

  • Express their point of view.
  • Obtain an explanation for the automated decision.
  • Review the logic used by the automated system.
  • Supplement the automated system with additional data.
  • Have a human carry out a review of the automated decision.
  • Contest the automated decision.

Object to the automated decision-making being carried out. Each WINGSPAN service/entity must also ensure that all profiling and automated decision-making relating to a data subject is based on accurate data.

3.4.6. Digital Marketing
As a rule, WINGSPAN will not send promotional or direct marketing material to an WINGSPAN contact through digital channels such as mobile phones, email and the Internet, without first obtaining their consent. Any WINGSPAN service/entity wishing to carry out a digital marketing campaign without obtaining prior Consent from the data subject must first have it approved by the Data Protection Officer. Where personal data (e.g. case studies or photographs) processing is approved for digital marketing purposes, the data subject must be informed at the point of first contact that they have the right to object, at any stage, to having their data processed for such purposes. If the data subject puts forward an objection, digital marketing related processing of their personal data must cease immediately, and their details should be kept on a suppression list with a record of their opt-out decision, rather than being completely deleted. It should be noted that where digital marketing is carried out in a ‘business to business’ context, there is no legal requirement to obtain an indication of Consent to carry out digital marketing to individuals provided that they are given the opportunity to opt-out.

3.5. Data Retention
To ensure fair processing, personal data will not be retained by WINGSPAN for longer than necessary in relation to the purposes for which it was originally collected, or for which it was further processed. The length of time for which WINGSPAN services/entities need to retain personal data is set out in WINGSPAN’s ‘Data Retention Policy’. This considers the legal and contractual requirements, both minimum and maximum, that influence the retention periods set forth in the schedule. All personal data should be deleted or destroyed as soon as possible where it has been confirmed that there is no longer a need to retain it.

3.6. Data Protection
Each WINGSPAN service/entity will adopt physical, technical, and organizational measures to ensure the security of personal data. This includes the prevention of loss or damage, unauthorised alteration, access or processing, and other risks to which it may be exposed by virtue of human action or the physical or natural environment. A summary of the personal data related security measures is provided below:

  • Prevent unauthorised persons from gaining access to data processing systems in which personal data are processed.
  • Prevent persons entitled to use a data processing system from accessing personal data beyond their needs and authorisations.
  • Ensure that personal data in the course of electronic transmission during transport cannot be read, copied, modified or removed without authorisation.
  • Ensure that access logs are in place to establish whether, and by whom, the personal data was entered into, modified on or removed from a data processing system.
  • Ensure that in the case where processing is carried out by a Data Processor, the data can be processed only in accordance with the instructions of the Data Controller.
  • Ensure that personal data is protected against undesired destruction or loss.
  • Ensure that personal data collected for different purposes can and is processed separately.
  • Ensure that personal data is not kept longer than necessary

3.7. Data subject Requests
The Data Protection Officer will establish a system to enable and facilitate the exercise of data subject rights related to:

  • Information access.
  • Objection to processing.
  • Objection to automated decision-making and profiling.
  • Restriction of processing.
  • Data portability.
  • Data rectification.
  • Data erasure.

If an individual makes a request relating to any of the rights listed above, WINGSPAN will consider each such request in accordance with all applicable data protection laws and regulations. No administration fee will be charged for considering and/or complying with such a request unless the request is deemed to be unnecessary or excessive in nature. data subjects are entitled to obtain, based upon a request made in writing/email to: info@wingspanlegacy.com.

It should be noted that situations may arise where providing the information requested by a data subject would disclose personal data about another individual. In such cases, information must be redacted or withheld as may be necessary or appropriate to protect that person’s rights.

3.8. Law Enforcement Requests & Disclosures
In certain circumstances, it is permitted that personal data be shared without the knowledge or consent of a data subject. This is the case where the disclosure of the personal data is necessary for any of the following purposes:

  • The prevention or detection of crime.
  • The apprehension or prosecution of offenders.
  • The assessment or collection of a tax or duty.
  • By the order of a court or by any rule of law.

If an WINGSPAN service/entity processes personal data for one of these purposes, then it may apply an exception to the processing rules outlined in this policy but only to the extent that not doing so would be likely to prejudice the case in question. If any WINGSPAN service/entity receives a request from a court or any regulatory or law enforcement authority for information relating to an WINGSPAN contact, you must immediately notify the Data Protection Officer who will provide comprehensive guidance and assistance.

3.9. Data Protection Training
All WINGSPAN employees that have access to personal data will have their responsibilities under this policy outlined to them as part of their staff induction training. In addition, each WINGSPAN service/entity will receive regular Data Protection training and procedural guidance.

3.10. Data Transfers
WINGSPAN services/entities may transfer personal data to internal or third-party recipients located in another country where that country is recognized as having an adequate level of legal protection for the rights and freedoms of the relevant data subjects. Where transfers need to be made to countries lacking an adequate level of legal protection (i.e. third countries), they must be made in compliance with an approved transfer mechanism. WINGSPAN services/entities may only transfer personal data where one of the transfer scenarios list below applies:

  • The data subject has given Consent to the proposed transfer.
  • The transfer is necessary for the performance of a contract with the data subject
  • The transfer is necessary for the implementation of pre-contractual measures taken in response to the data subject’s request.
  • The transfer is necessary for the conclusion or performance of a contract concluded with a third party in the interest of the data subject.
  • The transfer is legally required on important public interest grounds.
  • The transfer is necessary for the establishment, exercise or defence of legal claims.
  • The transfer is necessary in order to protect the vital interests of the data subject

3.11. Complaints handling
Data subjects with a complaint about the processing of their personal data, should put forward the matter in writing to the Data Protection Officer. An investigation of the complaint will be carried out to the extent that is appropriate based on the merits of the specific case. The Data Protection Officer will inform the data subject of the progress and the outcome of the complaint within a reasonable period. If the issue cannot be resolved through consultation between the data subject and the Data Protection Officer, then the data subject may, at their option, seek redress through mediation, binding arbitration, litigation, or via complaint to the Data Protection Authority within the applicable jurisdiction.

3.12. Breach Reporting
Any individual who suspects that a personal data breach has occurred due to the theft or exposure of personal data must immediately notify the Data Protection Officer providing a description of what occurred. Notification of the incident can be made via e-mail, or by calling Wingspan. The Data Protection Officer will investigate all reported incidents to confirm whether or not a personal data breach has occurred. If a personal data breach is confirmed, the Data Protection Officer will follow the relevant WINGSPAN ‘Data Breach Notification Policy and Procedure’ based on the criticality and quantity of the personal data involved. For severe personal data breaches, WINGSPAN’s Data Privacy Team will initiate and chair an emergency response team to coordinate and manage the personal data breach response.

4 ROLES AND RESPONSIBILITIES

4.1 Implementation
The senior management team and senior staff of each WINGSPAN service/entity must ensure that all WINGSPAN employees responsible for the processing of personal data are aware of and comply with the contents of this policy. In addition, each WINGSPAN service/entity will make sure all third parties engaged to process personal data on their behalf (i.e. their data processors) are aware of and comply with the contents of this policy. Assurance of such compliance must be obtained from all third parties, whether companies or individuals, prior to granting them access to personal data controlled by WINGSPAN.

4.2 Support, Advice and Communication
For advice and support in relation to this policy, please contact info@wingspanlegacy.com.

5 REVIEW
This policy will be reviewed by the Data Protection Officer/Data Privacy Team every three years, unless there are any changes to regulations or legislation that would enable a review earlier.

6 RECORDS MANAGEMENT
Staff must maintain all records relevant to administering this policy and procedure in electronic form in a recognised WINGSPAN recordkeeping system.

All records relevant to administering this policy and procedure will be maintained for a period of 5 years.

7 TERMS AND DEFINITIONS

General Data Protection Regulation (GDPR): The General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) is a regulation by which the European Parliament, the Council of the European Union and the European Commission intend to strengthen and unify data protection for all individuals within the European Union (EU). It also addresses the export of personal data outside the EU.

Data Controller: the entity that determines the purposes, conditions and means of the processing of personal data.

Data Processor: the entity that processes data on behalf of the Data Controller.

Data Protection Authority: national authorities tasked with the protection of data and privacy as well as monitoring and enforcement of the data protection regulations within the Union.

Data Protection Officer (DPO): an expert on data privacy who works independently to ensure that an entity is adhering to the policies and procedures set forth in the GDPR.

Data subject: a natural person whose personal data is processed by a controller or processor.

personal data: any information related to a natural person or ‘data subject’, that can be used to directly or indirectly identify the person.

Privacy Impact Assessment: a tool used to identify and reduce the privacy risks of entities by analysing the personal data that are processed and the policies in place to protect the data.

Processing: any operation performed on personal data, whether or not by automated means, including collection, use, recording, etc.

Profiling: any automated processing of personal data intended to evaluate, analyse, or predict data subject behaviour.

Regulation: a binding legislative act that must be applied in its entirety across the Union.

Subject Access Right: also known as the Right to Access, it entitles the data subject to have access to and information about the personal data that a controller has concerning them.

8 RELATED LEGISLATION AND DOCUMENTS

  • Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)