Introduction

ABC Jersey respects your privacy and is committed to protecting your personal data.  This Privacy Notice will inform you as to how we look after your personal data (including personal data in respect of individuals who are clients, intermediaries or other third parties or any individual connected to those parties) and summarises the key points about how we collect use, disclose, transfer and store your personal data, sets out your privacy rights and explains how the law protects you.

Should you have any questions please contact us here

Changes to the Privacy Notice and your duty to inform us of changes

This version of our Privacy Notice was updated in August 2018.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

 

The data we collect about you

The data we collect

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

  • Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth, gender and status as a politically exposed person.
  • Contact Data includes postal address, email address and telephone numbers.
  • Employment Data includes your employers name, address, work Contact Data, professional qualifications and details of any directorships or other offices you may hold.
  • Special Categories of Personal Data this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data).
  • Criminal Charges, Convictions or Offences, which shall include alleged convictions or offences and information about your health and social and economic background.
  • Financial Data includes bank account and payment card details, sources of wealth including any beneficial interests you may hold in various assets.
  • Transaction Data includes details about payments to and from you and other details of services we have provided to you.
  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

 

If you fail to provide personal data

Where we need to collect personal data by law, for example to comply with anti money laundering and know your client legislation, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you and, in this case, we may be unable to act for you and provide you with our services but we will notify you if this is the case at the time.

How is your personal data collected?

Methods of collection

We use different methods to collect data from and about you including through:

  • Direct interactions. You may provide us with personal information by filling in forms or by corresponding with us by post, phone, email or otherwise.
  • Third parties or publicly available sources. We also may receive personal data about you from various third parties and public sources for example, to verify your identity.  We may also receive information about you where you are connected to or named in a matter on which we act and we may collect information about you from our client.
  • Information we collect automatically. We collect some information automatically when you visit our websites or use our guest internet within our offices such as your IP address or device type.

Use of our Website

Third-party links

Our website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the Privacy Notice of every website you visit.

Cookies

For many websites to work properly, the website will collect basic information on its users in the form of a small text file which is known as a “cookie”.  The cookies on our website link to Google Analytics and will identify which pages our users access most. This cookie does not identify you or give us access to your computer.  You can choose to accept cookies or you can set your browser to refuse all or some browser cookies.  If you disable or refuse cookies, please note that some parts of this website may become inaccessible or may not function properly.

Google Analytics

We use Google Analytics to provide us with information relating to footfall to our website to allow us to analyse this information in as part of our legitimate business interests.  This means that we may be provided details of the type of device that is used to browse our website and the general location of the device.  This cookie does not identify you or give us access to your computer.  For further details on Google Analytics please refer to Google Analytics’ Privacy Policy and Terms & Conditions.

 

How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • where we need to perform the contract we are about to enter into or have entered into with you;
  • where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests;
  • where we need to comply with a legal or regulatory obligation;
  • where the processing is necessary for legal proceedings, for obtaining legal advice or establishing, exercising or defending legal rights.

Generally we do not rely on consent as a legal basis for processing your personal data save in respect of matters where we collect data relating to Criminal Charges, Convictions or Offences or other than in relation to sending third party direct marketing communications to you via email or text message.  We will only send this type of communication to you if you have provided us with your express consent. You have the right to withdraw consent to marketing at any time by contacting us.

 

Purposes for which we will use your personal data

How we will use your data

Contact us for a full description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Please note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data.


We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

Change of purpose

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Disclosure of your personal data

We may have to share your personal data with the parties set out below for the purposes set out in the table above:

  • external third parties acting as processors providing services to ABC Jersey;
  • professional advisers acting as processors or joint controllers including other lawyers, bankers, auditors and insurers who may be based outside of the EEA who provide consultancy, banking, legal, insurance and accounting services;
  • financial, taxation, regulatory or judicial authorities, state agencies or public bodies, on request and to the extent that may be required by law; and
  • third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

 

Data retention

We will only retain your personal data 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 will 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 data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data.

Requesting access to your personal data (commonly known as a “data subject access request”) enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in certain circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Requesting correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Requesting erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Objecting to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Requesting restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Requesting the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdrawing consent where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.