Data Protection Notice

Protecting your data, uncompromisingly

Introduction

The Mauritius Data Protection Act 2017 and the EU General Data Protection Regulation (collectively the “Data Protection Law”) came into force on 15 January 2018 and 25 May 2018 respectively and brings with it the most significant changes to data protection law in two decades. Based on privacy by design and taking a risk-based approach, the Data Protection Law has been designed to meet the requirements of the digital age. The 21st Century brings with it broader use of technology, new definitions of what constitutes personal data, and a vast increase in cross-border processing. The new Data Protection Law aims to standardise data protection laws and processing across the EU and other countries; affording individuals stronger, more consistent rights to access and control their personal information.

Our Commitment

Ashton Financial Partners Ltd (‘we’ or ‘us’ or ‘our’) are committed to ensuring the security and protection of the personal information that we process, and to provide a compliant and consistent approach to data protection. We have always had a robust and effective data protection program in place which complies with existing law and abides by the data protection principles. However, we recognise our obligations in updating and expanding this program to meet the demands of the Data Protection Law. Ashton Financial Partners Ltd is dedicated to safeguarding the personal information under our remit and in developing a data protection regime that is effective, fit for purpose and demonstrates an understanding of, and appreciation for the new Data Protection Law. Our preparation and objectives for Data Protection Law compliance have been summarised in this statement and include the development and implementation of new data protection roles, policies, procedures, controls and measures to ensure maximum and ongoing compliance

Implementing the Data Protection Law

Ashton Financial Partners Ltd has a consistent level of data protection and security across our organization to be fully compliant with the Data Protection Law.

Which includes: –

Information Audit – carrying out a company-wide information audit to identify and assess what personal information we hold, where it comes from, how and why it is processed and if and to whom it is disclosed.

Policies & Procedures – implementing new data protection policies and procedures to meet the requirements and standards of the Data Protection Law, including:
- Data Retention & Erasure – we have updated our retention policy and schedule to ensure that we meet the ‘data minimisation’ and ‘storage limitation’ principles and that personal information is stored, archived and destroyed compliantly and ethically. We have dedicated erasure procedures in place to meet the new ‘Right to Erasure’ obligation and are aware of when this and other data subject’s rights apply; along with any exemptions, response timeframes and notification responsibilities.
- Data Breaches – our breach procedures ensure that we have safeguards and measures in place to identify, assess, investigate and report any personal data breach at the earliest possible time but within 72 hours to the Data Protection Office and also to the data subject where required. Our procedures are robust and have been disseminated to all employees, making them aware of the reporting lines and steps to follow.
- International Data Transfers & Third-Party Disclosures – where we store or transfer personal information from or outside of Mauritius, we have robust procedures and safeguarding measures in place to secure, encrypt and maintain the integrity of the data. Our procedures include a continual review of the countries with sufficient adequacy decisions, as well as provisions for binding corporate rules; standard data protection clauses or approved codes of conduct for those countries without. We carry out strict due diligence checks with all recipients of personal data to assess and verify that they have appropriate safeguards in place to protect the information, ensure enforceable data subject rights and have effective legal remedies for data subjects where applicable.
- Subject Access Request (SAR) – we have revised our SAR procedures to accommodate the revised 30-day timeframe for providing the requested information and for making this provision free of charge. Our new procedures detail how to verify the data subject, what steps to take for processing an access request, what exemptions apply and a suite of response templates to ensure that communications with data subjects are compliant, consistent and adequate.

Data Protection – our main policy and procedure document for data protection has been overhauled to meet the standards and requirements of the Data Protection Law. Accountability and governance measures are in place to ensure that we understand and adequately disseminate and evidence our obligations and responsibilities; with a dedicated focus on privacy by design and the rights of individuals.
Legal Basis for Processing – we are reviewing all processing activities to identify the legal basis for processing and ensuring that each basis is appropriate for the activity it relates to. Where applicable, we also maintain records of our processing activities, ensuring that our obligations under the Data Protection Law are met.
Privacy Notice/Policy – our Privacy Notice(s) comply with the Data Protection Law, ensuring that all individuals whose personal information we process have been informed of why we need it, how it is used, what their rights are, who the information is disclosed to and what safeguarding measures are in place to protect their information.
Obtaining Consent – we have in place our consent mechanisms for obtaining personal data, ensuring that individuals understand what they are providing, why and how we use it and giving clear, defined ways to consent to us processing their information. We have developed stringent processes for recording consent, making sure that we can evidence an affirmative opt-in, along with time and date records; and an easy to see and access way to withdraw consent at any time.
Direct Marketing – we have revised the wording and processes for direct marketing, including clear opt-in mechanisms for marketing subscriptions; a clear notice and method for opting out and providing unsubscribe features on all subsequent marketing materials.
Data Protection Impact Assessments (DPIA) – where we process personal information that is considered high risk, involves large scale processing or includes special category/criminal conviction data; we have developed stringent procedures and assessment templates for carrying out impact assessments that comply fully with the Data Protection Law requirements. We have implemented documentation processes that record each assessment, allow us to rate the risk posed by the processing activity and implement mitigating measures to reduce the risk posed to the data subject(s).
Processor Agreements – where we use any third-party to process personal information on our behalf (i.e. Payroll, Recruitment, Hosting etc), we have drafted compliant Processor Agreements and due diligence procedures for ensuring that they (as well as we), meet and understand their/our obligations under Data Protection Law. These measures include initial and ongoing reviews of the service provided, the necessity of the processing activity, the technical and organisational measures in place and compliance with the Data Protection Law.
Special Categories Data – where we obtain and process any special category information, we do so in complete compliance with the Data Protection Law requirements and have high-level encryptions and protections on all such data. Special category data is only processed where necessary and is only processed where we have first identified the appropriate Data Protection Law conditions. Where we rely on consent for processing, this is explicit and is verified by a signature, with the right to modify or remove consent being clearly signposted.

Data Subject Rights

In addition to the policies and procedures mentioned above that ensure individuals can enforce their data protection rights, we provide easy to access information of an individual’s right to access any personal information that we processes about them and to request information about:

What personal data do we hold about them
The purposes of the processing
The categories of personal data concerned
The recipients to whom the personal data has/will be disclosed
How long do we intend to store your personal data for
If we did not collect the data directly from them, information about the source
The right to have incomplete or inaccurate data about them corrected or completed and the process for requesting this
The right to request the erasure of personal data (where applicable) or to restrict processing in accordance with data protection laws, as well as to object to any direct marketing from us and to be informed about any automated decision-making that we use
The right to lodge a complaint or seek judicial remedy and whom to contact in such instances

Information Security & Technical and Organisational Measures

Ashton Financial Partners Ltd takes the privacy and security of individuals and their personal information very seriously and takes every reasonable measure and precaution to protect and secure the personal data that we process. We have robust information security policies and procedures in place to protect personal information from unauthorised access, alteration, disclosure or destruction and have several layers of security measures, including measures such as SSL, access controls, password policy, encryptions, pseudonymisation, practices, restriction, IT, authentication etc.

Roles and Employees

Ashton Financial Partners Ltd has designated a Data Protection Officer (DPO) who is responsible for promoting awareness of the Data Protection Law across the Company, identifying any gap areas and implementing the new policies, procedures and measures. We understand that continuous employee awareness and understanding is vital to the continued compliance of the Data Protection Law and has involved our employees in our preparation plans. We have implemented an employee training program which will be provided to all employees and forms part of our induction and annual training program.

Contact and requests

If you have any concerns or wish to exercise any of your rights under the Data Protection Law, then you can contact the Data Protection Officer at Ashton Financial Partners Ltd in the following ways:

To: The Data Protection Officer

Address: 5th Floor, The CORE, No.62 ICT Avenue, Cybercity 72201, Ebene, Republic of Mauritius

Email: dpo@ashton-corporate.com | contact@ashton-corporate.com

Tel: +(230) 460 0439 | Mobile: +(230) 5 509 0439 | Fax: +(230) 489 2457