Version 1 – 17/01/2020
For the purposes of the relevant data protection legislation, the “controller” (or “data controller”) is André Bisson, A7 DESIGN LIMITED, Southside House, South Quay, St Sampson, Guernsey, Channel Islands, GY2 4QH. We can be contacted at firstname.lastname@example.org or 01481 248330.
TYPES OF PERSONAL DATA WE COLLECT
As a client of A7 DESIGN LIMITED, we collect information that helps us to identify you and meet the obligations of our business engagement with you. Where you are our client, the personal information that we collect includes:
Your name, title and contact details,
Any personal information provided by way of correspondence with us by phone, e-mail or otherwise; or
Any other information that you may provide in the process of filling out contact forms or any other form of enquiry through our website or social media pages.
We do not collect any Special Categories of Personal Data about you (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). Nor do we collect any information about criminal convictions and offences.
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.
WHY DO WE COLLECT INFORMATION
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, and on the following lawful bases:
Where we need to perform the agreement, we are about to enter or have entered with you, that we will need to do in order to fulfil our obligations,
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 we need to contact you in response to a request or query you have submitted via our website.
WHEN & HOW DO WE COLLECT YOUR INFORMATION
In the course of providing services to you or receiving services from you, we collect information that personally identifies you. You may give us your name, address and email by filling in forms or by corresponding with us by post, phone, email or otherwise.
A7 DESIGN LIMITED do not collect any data received via cookies. Cookies are text files placed on your computer to collect standard Internet log information and visitor behaviour information. For further information, visit www.allaboutcookies.org.
WHEN WILL WE SHARE YOUR PERSONAL DATA
We shall, however, share your personal data with third parties for the following reasons:
The Development and Planning Authority (“DPA”) for the submission of planning and building control applications,
Third party agents/suppliers or contractors, in connection with the processing of your personal information for the purposes described in this Policy. This may include, but is not limited to, disclosures to our own advisers such as auditors and accountants and any external legal advisors which we may instruct from time to time.
We reserve the right to disclose or share your personal data in order to comply with any legal requirements, enforce our terms and conditions, or any other agreement we enter into with you, or to protect the rights, property, or safety of our business and other clients. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
Where we transfer your personal information outside the European Economic Area (the “EEA”), we will ensure that it is protected and transferred in a manner consistent with legal requirements applicable to the information. This can be done in several different ways, for instance:
the country to which we send the personal information may have been assessed by the European Commission as providing an “adequate” level of protection for personal data (this includes Jersey and Guernsey),
the recipient may have signed a contract based on standard contractual clauses approved by the European Commission, or,
where the recipient is in the United States, it may be a certified member of the EU-US Privacy Shield scheme.
In other circumstances, the law may permit us to otherwise transfer your personal information outside the EEA. In all cases, however, any transfer of your personal information will be compliant with applicable data protection law.
WHERE WILL WE STORE YOUR PERSONAL DATA
All personal data that you provide to us is stored on A7 DESIGN LIMITED’s document management system. We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
HOW LONG WILL WE KEEP HOLD OF YOUR PERSONAL DATA
How long we store your personal information depends upon the type of information we are holding and the purpose for which we need it.
We shall keep your data for no longer than is deemed necessary, to comply with our statutory insurance legislation, a maximum period of 10 years since the last correspondence with you will be required. We shall not keep your personal information for any longer than necessary to fulfil our obligations to you or to meet our legitimate business interests or legal requirements.
Where you have given us your permission to contact you for marketing purposes, we shall contact you once a year from the date on which you originally gave your permission to ensure that you still wish to be contacted in this way.
Where we have relied on consent to process your personal information, you have the right to withdraw consent at any time.
Under The Data Protection (Bailiwick of Guernsey) Law, 2017 and the General Data Protection Regulation (EU) 2016/679 you may request details of personal information which we hold about you or request that we update the details that we hold about you.
Under certain circumstances, you have the following rights:
to request that we provide you with a copy of the information we hold about you (“Access Request”),
to request that we rectify any information we hold about you (“Right to Rectification”),
to request that we erase any information we hold about you (“Right to be Forgotten”),
to restrict the level of processing we carry out with your information (“Restriction of Processing”),
to obtain from us all personal data we hold about you in a structured, machine readable form, and have this information transmitted to another organisation (“Data Portability”),
to object to our processing your information in certain ways (“Right to Object”); and.
withdraw your consent at any time to our processing of your data.
Please see the relevant sections below for further details on your rights as a data subject. You can exercise any of the above rights by emailing us at email@example.com .
We shall comply with any request made under this section as soon as possible, and normally within one month from the date of your request. However, if necessary, for example if your request is particularly complex or we receive several similar requests, we may extend this period by an additional two months, but we shall notify you if we need to do this.
Please note that where we receive requests under this section which are manifestly unfounded or excessive, for example because they are repetitive in nature, we may charge a reasonable fee taking into account the administrative costs of providing the information or taking the action requested or refuse to act on the request.
We may need to request specific information from an individual to help us confirm an individual’s identity and verify his or her right to access their personal data (or to exercise any 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 an individual to ask for further information in relation to the individual’s request in order to speed up our response.
You have the right to request a copy of the information that we hold about you at any time. Please note that in most circumstances, we shall not make a charge for this, however we may make a reasonable fee based on administrative costs for any further copies requested. This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Requests for access to personal data (Subject Access Requests – ‘SARS’) will be processed by A7 DESIGN LIMITED. Those making a ‘SAR’ will be charged a fee if appropriate, in accordance with Regulations. Records of all requests will be maintained. A7 DESIGN LIMITED will comply with statutory time limits for effecting disclosure in response to a ‘SAR’. The statutory time limit of one month within receipt of any request is in accordance with The Data Protection (Bailiwick of Guernsey) Law, 2017.
RIGHT TO RECTIFICATION
You have the right at any time to ask us to rectify any personal data that we hold for you which is incorrect or incomplete. 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. Please let us know as soon as possible if any of your personal information changes (including your correspondence details). Failure to provide accurate information or to update information when it changes may have a detrimental impact upon our ability to provide services to you.
If we have disclosed any incorrect or incomplete data to any third parties, we shall inform them of any necessary amendments or corrections made to your personal data under this section.
RIGHT TO BE FORGOTTEN
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.
An individual has the right at any time to ask us to erase the personal data that we hold about him or her if:
it is no longer necessary for us to handle that personal data for the purpose for which it was originally collected,
the individual has withdrawn consent for us to hold that personal data (where consent was the basis on which it was collected or used),
the individual objects to the processing of the data and there is no lawful overriding reason for us to continue processing it,
the personal data was unlawfully processed; or,
we must erase the personal data in order to comply with a legal obligation.
Please note, however, that we may not always be able to comply with a request of erasure for specific legal reasons: in that event we shall inform the individual of those reasons at the time when erasure is requested.
RESTRICTION OF PROCESSING
You can ask us to restrict how we use your data in the following circumstances:
where the individual believes that the personal data, we hold about him or her is inaccurate, he or she may ask that we refrain from using that data until we can verify the accuracy of it,
where we have unlawfully processed personal data, the individual may ask that we restrict our usage of it rather than erase it completely,
where the individual has objected to our use of his or her personal data, but we need to verify whether we have overriding legitimate grounds to use it,
Where we no longer need to hold personal data, the individual may nevertheless require us to retain it for the purpose of establishing, exercising or defending a legal claim.
You have the right to obtain from us all personal data which you have provided to us in a structured, commonly used and machine readable form, provided that such data was processed based on your consent, or for the purpose of a contract between us and the processing was carried out by automated means. 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.
This will allow an individual to move, copy or transfer personal data easily from one IT environment to another (for example, if the individual wishes to change legal advisers). Alternatively, we can transmit such data directly to another organisation.
Please note that we shall not be able to comply with a data portability request if this will affect the rights and freedoms of others.
RIGHT TO OBJECT
You have the right to object, on grounds relating to your particular situation, to our processing of your personal data where we are doing this for the performance of a task carried out in the public interest (which we shall have told you about, if applicable), or where we are carrying out processing for the purposes of legitimate interests pursued by us.
You also have the right at any time to ask us not to process your personal data for direct marketing or profiling purposes (to the extent that such profiling is related to such direct marketing). We shall have informed you before the time we obtained your personal data whether we intend to process your personal data for this purpose, or if we intend to disclose your information to any third party for such purposes.
If we process your personal data for automatic decision making or profiling purposes (i.e. to analyse or predict your personal preferences and purchase behaviour, and such profiling is automated) we shall ensure that we tell you about this beforehand, and will only do this where this is a necessary condition of entering into a contract between you and us, or where you have given us your explicit consent to do this.
You also have the right to lodge a complaint about the processing of your personal information either with us in the first instance, or with The Office of the Data Protection Commissioner in Guernsey (https://dataci.gg).
RIGHT TO WITHDRAW CONSENT
Where you have given us your consent to our processing of any of your personal data, you have the right to withdraw your consent at any time, for example if you no longer wish for us to share your information with third parties for marketing purposes (where you have previously consented to this). 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, (and, if applicable, may inform other individuals in the same organisation) if this is the case at the time when consent is withdrawn.
In addition to any other way in which we make available to individuals the ability to withdraw consent to the processing of personal data, an individual may also withdraw consent at any time by contacting us at firstname.lastname@example.org .
THIRD PARTY WEBSITES
A7 DESIGN LIMITED takes the protection of your personal information extremely seriously and has appropriate security measures and policies in place to address this. All our employees are trained regularly and made aware of their information security responsibilities.
We acknowledge that the information you provide us may be confidential. We do not sell, rent, distribute or otherwise make personal information commercially available to any third party, except for the purposes set out in this Policy. We will maintain the confidentiality of and protect the privacy of your personal information in according with this Policy and all applicable laws.
QUESTIONS AND CONTACT INFORMATION
If you have any questions in relation to this notice, please contact André Bisson:
A7 DESIGN LIMITED, Southside House, South Quay, St Sampson, Guernsey GY2 4QH
by phone at: +44 (0)1481 248330
by email at: email@example.com
CHANGES TO THIS POLICY
A7 DESIGN LIMITED may change this Policy from time to time by updating this page. You should check this page from time to time to ensure that you are satisfied with any amendments made. This Policy is effective from 17/01/2020.