Subject to certain exemptions, and in some cases dependent upon the processing activity we are undertaking, you have certain rights in relation to your personal information. Click on the links below to learn more about each right you may have:
- To access personal information
- To rectify / erase personal information
- To restrict the processing of your personal information
- To transfer your personal information
- To object to how we use your personal information for direct marketing purposes
- To obtain a copy of personal information safeguards used for transfers outside your jurisdiction
- To lodge a complaint with your local supervisory authority
We may ask you for additional information to confirm your identity and for security purposes, before disclosing the personal information requested to you. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive.
You can exercise your rights by contacting us. Subject to legal and other permissible considerations, we will use reasonable efforts to honour your request promptly or inform you if we require further information in order to fulfil your request.
We may not always be able to fully address your request, for example if it would impact the duty of confidentiality we owe to others, or if we are legally entitled to deal with the request in a different way.
Right to access personal information
You have the right to be informed about the collection and use of your personal data, subject to certain exemptions.
You have a right to request that we provide you with a copy of your personal information that we hold and you have the right to be informed of: (a) the source of your personal information; (b) the purposes, legal basis and methods of processing; (c) the data controller’s identity; and (d) the entities or categories of entities to whom your personal information may be transferred, (d) any countries or territories outside of your jurisdiction to which your personal is or is intended to be transferred, (e) right to make a complaint to the local regulator, or (f) where applicable the basis for an automated decision.
Right to rectify or erase personal information
You have a right to request that we rectify inaccurate personal information. We may seek to verify the accuracy of the personal information before rectifying it.
Subject to certain exemptions, you can also request that we erase your personal information in limited circumstances where:
- it is no longer needed for the purposes for which it was collected; or
- you have withdrawn your consent (where the data processing was based on consent); or
- following a successful right to object (see right to object); or
- it has been processed unlawfully; or
- to comply with a legal obligation to which BNY Mellon is subject.
Right to restrict the processing of your personal information
You have the right to restrict our processing of your personal information, except:
- the processing is necessary for the performance of a contract to which the data subject is a party or the taking of steps at the request of the data subject with a view to entering into a contract;
- the processing is necessary for compliance with any legal obligation to which the data controller is subject, other than an obligation imposed by contract;
- the processing is necessary in order to protect the vital interests of the data subject; or
- the processing is necessary in such other circumstances as may be prescribed by regulations
Right to object to how we use your personal information for direct marketing purposes
You can request that we change the manner in which we contact you for marketing purposes.
You can request that we not transfer your personal information to unaffiliated third parties for the purposes of direct marketing or any other purposes.
Right to obtain a copy of personal information safeguards used for transfers outside your jurisdiction
You can ask to obtain a copy of, or reference to, the safeguards under which your personal information is transferred within or outside of the jurisdiction. We may redact data agreements to protect commercial terms.
Right to lodge a complaint with your local supervisory authority
You have the right to lodge a complaint with the Cayman Islands Ombudsman if you consider that the processing of your personal information infringes applicable law. We ask that you please attempt to resolve any issues with us first, although you have a right to contact your supervisory authority at any time.
If you have any questions, concerns or complaints regarding our compliance with this notice and applicable data protection laws, or if you wish to exercise your rights, we encourage you to first contact your BNY Mellon representative or our Global Privacy Office. We will investigate and attempt to resolve complaints and disputes and will make every reasonable effort to honor your wish to exercise your rights as quickly as possible and in any event, within the timescales provided by data protection laws.
You may also have certain legal rights as a result of a breach of data protection laws.