Who we are
Tamarak Limited (a company incorporated in Gibraltar with company number 121927 and with registered office at Madison Building, Midtown, Queensway, Gibraltar GX11 1AA) as trustee of the Barzilai Foundation Trust (the Trust) - a Gibraltar discretionary settlement with charitable objects, collects, uses and are responsible for certain personal information about you. When we do so we are regulated under the Gibraltar GDPR as supplemented by the Data Protection Act 2004. We are responsible as ‘controllers’ of that personal information for the purposes of those laws.
It would be helpful to start by explaining some key terms used in this policy:
|We, us, our||The trustee of the Barzilai Foundation Trust (the Trust) a Gibraltar discretionary settlement with charitable objects and our group companies|
|Our Data Protection Managerfirstname.lastname@example.org|
|Personal Information||Any information relating to an identified or identifiable individual|
|Special category personal information||Personal information revealing racial or ethnic origin, political opinions, religious beliefs, philosophical beliefs or trade union membership Genetic and biometric data Data concerning health, sex life or sexual orientation|
We collect Personal Information about
- Job applicants
- Grant applicants
- Beneficiaries or grantees of the Trust and associated individuals to such beneficiaries and grantees
- Beneficiaries or grantees of gifts from the benefactor of the Trust, other than through the Trust
- Individuals at the organisations we work with
- Directors and trustees
- Individuals who attend our events
The type of Personal Information we collect
We may collect and use the following personal information about you:
- Job applicants
- your name and contact information, including email address and telephone numbers
- Information to enable us to check and verify your identity, e.g. your date of birth
- Your passport or other ID such as national Identity Card or equivalent
- your gender information
- your personal or professional interests
- your professional online presence, e.g. LinkedIn profile
- your qualifications and information you provide us in a CV
- your employment details
- your dietary requirements where this is required for catering
- your bank account details
- your medical information
- information relating to any benefits or grants received, how they are spent, their impact and any reports we might from time-to-time request from you
- information to enable us to undertake credit or other financial checks on you
- information relating to your tax and residency status
- Information about how you use our website, IT, communication and other systems
- Academic transcripts for those in receipt of scholarship and educational grants
- References from previous employers or educational institutions
- your responses to surveys, competitions and promotions
- photographs or video recordings
This personal information is required for us to pursue our legitimate interests as a funder and to fulfil the Trust’s charitable objects to:
- manage and administer our relationships with individuals we work with such as our employees, volunteers, advisors and consultants; and
- identify, research and assess the eligibility of potential beneficiaries/grantees, provide grants as well as monitoring the application of any funds and the management, review and evaluation of such grants; and
- promote the Trust, its activities and those of the Trust’s benefactor
If you do not provide personal information when we ask for it, it may delay or prevent us from providing services or grants to you and/or from performing any contract we have entered with you.
How your personal information is collected
We collect most of this personal information directly from you—in person, by telephone, text, or email and/or via our website when you:
- Apply for a job or to volunteer with us
- During any job or volunteer related activities throughout any period of you working or volunteering with us.
- Apply for a grant from us
- Receive a grant from us
- Register for one of our events
- Participate in a campaign
- Complete a survey
- Provide us with material for publication
However, we may also collect information:
- Receive a grant from us
- Register for one of our events
- from publicly accessible sources, e.g. Companies House
- directly from a third party, e.g.:
- sanctions screening providers;
- credit reference agencies;
- academic/educational institutions;
- from a third party with your consent,
- via our IT systems, e.g.:
- door entry systems and reception logs when you visit our premises;
- automated monitoring of our websites and other technical systems, such as our computer networks and connections, CCTV and access control systems, communications systems, email and instant messaging systems;
How and why we use your personal information
Under data protection law, we can only use your personal information if we have a proper reason for doing so, e.g.:
- for the performance of our contract with you or to take steps at your request before entering into a contract
- to comply with our legal and regulatory obligations;
- for our legitimate interests or those of a third party; or
- where you have given consent.
A legitimate interest is when we have a business, commercial or other reason in pursuance of our charitable objects to use your information, so long as this is not overridden by your own rights and interests.
We will only process sensitive personal information with your explicit consent. In an emergency, we may share your personal details including any health issues with the emergency services where we believe it is in your vital interests to do so.
The table below explains what we use (process) your personal information for and our reasons for doing so:
|What we use your personal information for||Our reasons|
|To register you as a new applicant||For our legitimate interests as a funder (and your interests as an applicant) and to fulfil our charitable objects To perform our contract with you or to take steps at your request before entering into a contract|
|To assess eligibility and suitability of applicants||For our legitimate interests as a funder (and your interests as an applicant) and to fulfil our charitable objects To perform our contract with you or to take steps at your request before entering into a contract.|
|To identify potential beneficiaries and or grantees||For our legitimate interest as a funder and to fulfil our charitable objects|
|To prevent and detect fraud against us and carry out background checks||For our legitimate interests or those of a third party, i.e. to minimise fraud that could be damaging for us or to any organisation or individual working with us. To comply with our legal and regulatory obligations. To perform our contract with you or to take steps at your request before entering into a contract|
|To manage, review, monitor and evaluate any grants||For our legitimate interests as a funder and to fulfil our charitable objects efficiently.|
|Gathering and providing information required by or relating to audits, enquiries or investigations by regulatory bodies||To comply with our legal and regulatory obligations|
|Ensuring Trust policies are adhered to||For our legitimate interests or those of a third party, i.e. to make sure we are following our own internal procedures|
|Statistical analysis to help us further our charitable objects||For our legitimate interests or those of a third party, i.e. to be as efficient as we can in the performance of our charitable objects|
|Preventing unauthorised access and modifications to our systems||For our legitimate interests or those of a third party, i.e. to prevent and detect criminal activity that could be damaging for us and for you To comply with our legal and regulatory obligations|
|Statutory returns||To comply with our legal and regulatory obligations|
|To process, assess and evaluate applications for jobs, volunteers, consultants and researchers,||To perform our contract with you or to take steps at your request before entering into a contract For our legitimate interests or those of a third party i.e. to further our charitable objects|
|Employee administration including payroll, benefits and training and payment of expenses Ensuring safe working practices||To perform our contract with you or to take steps at your request before entering into a contract To comply with our legal and regulatory obligations For our legitimate interests to ensure the proper administration and functionality of the Trust.|
|To engage with suppliers or third-party service providers||To perform our contract with you or to take steps at your request before entering into a contract|
|To promote the Trust, its activities or those of the benefactor||For our legitimate interests or those of a third party i.e. to promote and publicise our activities or those of the Trust’s benefactor|
|Events, campaigns, raising awareness as well as completing surveys to: existing and former recipients of grants; applicants (whether or not successful) any member or member of a class of beneficiaries of the Trust; volunteers, consultants, researchers, suppliers and individuals or organisations who work or have worked with us in the past third parties with whom we have had no previous dealings||For our legitimate interests or those of a third party, i.e. to promote our charitable objects and the activities of the Trust|
|External audits and quality checks, e.g. accreditation and the audit of our accounts||For our legitimate interests or a those of a third party, i.e. to maintain our accreditations so we can demonstrate we operate at the highest standards To comply with our legal and regulatory obligations|
The above table does not apply to special category personal information, which we will only process with your explicit consent, for example if we need to know about special dietary requirements when you attend our events, or where we are lawfully permitted or required to do so without your consent (e.g. to comply with our legal obligations as an employer or if your personal data is manifestly made public by you).
Photographs, recordings etc.
We will also from time-to-time use photographs, recordings and other information relating to the use and impact of any grants or gifts you receive from the Trust to promote the Trust and the work we do. Our legal basis for using this type of personal information will usually be performance of a contract, although we may also rely on our legitimate interests as a data controller i.e. to promote and publicise our activities.
Similarly, we may also use photographs and recordings and other information relating to the use and impact of any grants or gifts made by the Trust to other organisations. Our legal basis for using this type of personal information in this scenario will be our legitimate interests to promote the work we do.
In addition, we may also use photographs and recordings and other information relating to the use and impact of any grants or gifts made by the benefactor of the Trust other than through the Trust. Where this happens, we will only rely on your consent. You can withdraw consent at any time by writing to: email@example.com.
We will also use photographs and recordings of our events. For these occasions we rely on our legitimate interests to promote our events and market the objectives of the Trust.
We may use your personal information to send you updates (by email, text message, telephone or post) about our work and any events we think you might be interested in attending.
We have a legitimate interest in processing your personal information for promotional purposes (see above ‘How and why we use your personal information’). This means we do not usually need your consent to send you promotional communications. However, where consent is needed, we will ask for this consent separately and clearly.
We will always treat your personal information with the utmost respect and never sell or share it with other organisations for marketing purposes.
You have the right to opt out of receiving promotional communications at any time by contacting us at firstname.lastname@example.org. We may ask you to confirm or update your marketing preferences if you contact us in the future, or if there are changes in the law, regulation, or the structure of our business.
Who we share your personal information with
We routinely share personal information with:
- the Gibraltar family office (‘the Office’) of David Barzilai, the principal benefactor of the Trust
- The directors of Tamarak Limited as trustee of the Trust, and any other trustee for the time being of the Trust
- third parties we use to help deliver our charitable goals and objects, for example cloud or other IT service providers;
- banks or other financial institutions to enable us to make payments to grantees and/or beneficiaries
- other third parties we use to help us run the Trust, e.g. marketing agencies;
- third parties approved by you, e.g., social media sites you choose to link your account to or third-party payment providers.
We only allow our service providers to handle your personal information on our behalf if we are satisfied they take appropriate measures to protect your personal information. We also impose contractual obligations on service providers to ensure they can only use your personal information to provide services to us and to you. We may also share personal information with external auditors.
We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.
We may also need to share some personal information with other parties, such as during a re-structuring of our affairs. Usually, information will be anonymised but this may not always be possible. The recipient of the information will be bound by confidentiality obligations.
Where your personal information is held
Information may be held at our offices, third party agencies, service providers, representatives and agents as described above (see above: ‘Who we share your personal information with’).
Some of these third parties may be based outside Gibraltar. For more information, including on how we safeguard your personal information when this occurs, see below: ‘Transferring your personal information out of Gibraltar’.
How long your personal information will be kept
We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may continue to use such information without further notice to you.
Transferring your personal information out of Gibraltar
It is sometimes necessary for us to share your personal information outside of Gibraltar and the European Economic Area (EEA), eg:
- if you are based outside Gibraltar or the EEA; or
- where there is an international dimension to any work or grants we might be involved with you or on your behalf.
These transfers are subject to special rules under Gibraltar data protection law because some of these countries may not have the same data protection laws as Gibraltar and EEA. We will, however, ensure the transfer complies with data protection law and all personal information will be secure. Our standard practice is to use standard data protection contract clauses that have been approved by the European Commission. To obtain a copy of those clauses please write to our data Protection Manager.
If you would like further information, please contact our Data Protection Manager (see ‘How to contact us’ below).
You have the following rights, which you can exercise free of charge:
|Access||The right to be provided with a copy of your personal information (the right of access)|
|Rectification||The right to require us to correct any mistakes in your personal information|
|To be forgotten||The right to require us to delete your personal information—in certain situations|
|Restriction of processing||The right to require us to restrict processing of your personal information—in certain circumstances, e.g. if you contest the accuracy of the data|
|Data portability||The right to receive the personal information you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations|
|To object||The right to object: —at any time to your personal information being processed for direct marketing (including profiling); —in certain other situations to our continued processing of your personal information, e.g. processing carried out for the purpose of our legitimate interests.|
|Not to be subject to automated individual decision making||The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you|
For further information on each of those rights, including the circumstances in which they apply, please contact us or the Gibraltar Regulatory Authority (GRA).
If you would like to exercise any of those rights, please:
- email, or write to our Data Protection Manager—see below: ‘How to contact us’; and
- let us have enough information to identify you (eg your full name, address and customer or matter reference number);
- let us have proof of your identity and address (a copy of your driving licence or passport and a recent utility or credit card bill); and
- let us know what right you want to exercise and the information to which your request relates.
Keeping your personal information secure
We have appropriate security measures to prevent personal information from being accidentally lost or used or accessed unlawfully. We limit access to your personal information to those who have a genuine business need to access it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.
We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
How to complain
We hope that our Data Protection Manager can resolve any query or concern you may raise about our use of your information.
The Gibraltar GDPR also gives you a right to lodge a complaint with the data protection supervisory authority. The supervisory authority in Gibraltar is the Gibraltar Regulatory Authority who may be contacted at email@example.com or telephone: +350 20074636.
This privacy notice was first published on November 7th, 2022.
We may change this privacy notice from time to time and where necessary make available to you and explain any material changes to how we process your information
How to contact us
Our contact details are shown below:
Our Data Protection Manager's contact details
Address: Suite 1, 1st Floor Montarik House, 3 Bedlam Court, Gibraltar, GX11 1AA