Introduction

This Privacy Notice covers personal information provided to, or collected by,  Weighbridge Trust Limited (“Weighbridge”, “we”, “us” or “our”) when you engage our services, when you use our website or when you request information from us.

We are committed to protecting your personal information when you use our services. Personal data is any information that could be used to identify you as a person.

This Privacy Notice explains what personal information we collect from you or you provide to us, how we use it and with whom we share that information. This Privacy Notice also sets out your rights and who you can contact for information

In providing our services, we must obtain certain data from you, which may be construed as constituting personal data for the purposes of The Data Protection (Bailiwick of Guernsey) Law, 2017 (the “DP Law”). At all times, we shall collect and process personal data in accordance with the requirements of the DP Law.

This privacy notice does not deal with employee or prospective employee personal data.  Weighbridge has a separate privacy notice for employees, and ex- employees (“Employee Privacy Notice”) and prospective employees (“Prospective Employees Privacy Notice”) which are available for Data Subjects that fall into these categories.  These can be requested by emailing [email protected] or calling +44 1481 720581.

What personal information do we collect and why do we collect it?

When you engage with us, such as enquiring about services (including through our website), or enter into any agreement for services with us, we will request personal information about you, the personal data we collect may include:

• your name, title and contact details
• your title, occupation and professional qualifications
• your age / date of birth
• financial information, bank details and transactions that you and connected parties and/or  structures enter into
• personal identifiers such as your nationality, social security number, national insurance number or tax identification  numbers
• nationality
• information which we need to conduct ‘Customer Due Diligence’ (e.g. information obtained for the purposes of Weighbridge’s know-your-client procedures, which includes anti-money laundering procedures, countering-terrorist financing procedures, politically-exposed-persons checks, sanctions checks, etc.
• other information you provide to us in the course of your dealings with us or which we require to provide you with products and services.

By giving us your details, you enable us to address your query or to provide services to you. From time to time, we may also undertake checks using external accredited screening software, which searches publicly available databases.

We also hold certain additional personal information on clients and certain associated parties, which will include Customer Due Diligence, which we are required to hold by law as a business licensed by the Guernsey Financial Services Commission.

In some limited cases, we may also collect what is known as “special category” personal data, for example when we carry out our Customer Due Diligence reviews, we may collect information about actual or alleged criminal convictions and offences and Politically Exposed Persons (“PEPs”). Our Customer Due Diligence screening currently only utilises publicly available data.

Personal data collected from you directly or by other means may be utilised for the purpose of entering into and maintaining a contract with you and/or providing services (which may not necessarily require us to have a contract directly with you, e.g. as a beneficiary of a trust) and/or to provide information to you in response to your enquiry, and/or to comply with regulatory requirements and applicable laws.

The legal basis for Weighbridge processing personal data primarily falls into one of the following categories:

• it is necessary for the conclusion or performance of a contract
• it is necessary to comply with a legal or regulatory framework imposed upon Weighbridge
• it is necessary for our legitimate interests; however, this basis is only used where we believe that our legitimate interests do not override your fundamental rights or significant interests
• Vital interests – In response to the current public health emergency resulting from the recent COVID-19 pandemic (“virus”), Weighbridge may be required to provide various stakeholders with additional information for the purpose of preventing, mitigating and controlling the impact of this virus. This information includes employee names, contact details and when they attended the office of Weighbridge (“Contact tracing”)

You are under no obligation to provide us with your personal data; however, we may not be able to provide certain products and services or proceed with our business relationship with you if you do not do so.

Who do we share your personal information with?

• Weighbridge may from time to time, in accordance with the purposes described above, disclose your personal data to other parties including outsourced service providers so we can provide services to you and maintain and update our website. These outsource providers include, but are not limited to, outsourced HR consultants, accounting and other professional consultants, registered office providers and IT providers.  Where we engage such parties and we deem these to be processors of your personal data, we endeavour to ensure these parties are contractually bound to process your personal information in accordance with the DP Law;
• law enforcement agencies, judicial bodies and government bodies as may be required by law or regulation; and
• to regulator(s) and/or associated parties because of our legal obligations.
• other parties including banks, financial institution or other third-party lenders, auditors and legal professionals
• The State of Guernsey in regard to COVID-19 contact tracing

We may be required to disclose and transfer your information to third party service providers, regulators and other bodies and agencies in the United Kingdom, EU or other jurisdictions. Unless the transfer is necessary for the performance of services we provide or you have requested, you have expressly consented to the transfer of the personal information or the transfer is otherwise permitted under the DP Law; we will only transfer your personal information to a country or territory that is:

• deemed to have an adequate level of protection under the DP Law
• where there are adequate safeguards in place
• the transfer is otherwise permitted under applicable law or
• where we have entered into standard contractual clauses which give specific contractual protections designed to ensure that your personal data receives an adequate and consistent level of protection wherever it is transferred.

We shall not provide your information to any other third parties (e.g. for marketing purposes) without your express consent and acknowledge that such consent may be withdrawn by you at any time by emailing [email protected] or calling +44 1481 720581.

How do we use your personal information?

We will only use your personal data when allowed to by the DP Law.

We use your information for a number of reasons, including to contact you regarding an enquiry received from you, to complete transactions envisaged by our services and/or to meet contractual, legal and regulatory obligations.

When may we contact you?

We may contact you in relation to any service you have enquired about, where you have opted to receive further correspondence and in relation to a service we have agreed to provide. We may also need to contact you to obtain further information to meet our legal and regulatory obligations under the DP Law.

How will we manage your personal information?

At all times, we endeavour to ensure that information provided to us will be protected by appropriate security measures in accordance with our data protection obligations under the DP Law.

Howsoever collected, information shall only be collected by us and, as such, we are the data controller for the purposes of the DP law.

We have put in place appropriate technological and organisational 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 store your personal information?

Your personal information shall be held at all times in accordance with and for as long as our statutory and regulatory requirements require it and we will only retain your personal data for as long as necessary to fulfil the purposes we collected it for.

In some cases we may hold it longer to protect our legitimate interests, but only in so far as we believe these interest do not override your fundamental rights or significant interests.

Our standard retention periods are currently as follows:

• Client records and files:  these are retained for the duration of your relationship with us and then for as long as we believe necessary under applicable Laws, regulation and best practice following the termination of the relationship.
• Supplier records: these are currently held for 7 years from the date of the transaction

We reserve the right to hold your data for differing periods, which shall, at all times, be determined by legal and regulatory obligations.

Cookies, Web Statistics and third party monitoring

Cookies are small text files which are stored on your computer or device by your web browser. When you visit our site, we may automatically collect certain information including your IP address, your browser type, the type of device you use to access the website, your operating system, your geographical location and the content you view.

The web analytics technology we use to collect and store this information is provided and managed by a third party, Google Inc. We use the information provided by cookies to help analyse how users navigate our website, which countries website visitors are from and what parts of our website they most often visit. We will never use cookies to try to identify specific individuals visiting our website.

The information generated by the cookies regarding our website is anonymised and transmitted and stored by Google Inc on servers that may be hosted in the United States. Google Inc uses this information for the purpose of evaluating use of our website, compiling reports on website activity for website operators and providing other related services to Weighbridge Trust Limited. Google Inc may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google Inc’s behalf. Google Inc does not associate your IP address with any other data held by Google Inc.

You may decline the use of cookies by configuring your web browser to do so. For more detailed guidance on cookies, please visit allaboutcookies.org

By using our website you consent to the processing of data about you by Google Inc in the manner and for the purposes set out above. 

What are your rights?

You have certain rights and protections granted to you under the DP Law. These include, but are not limited to:

• your right to request that your personal data be corrected or updated (your right to rectification);
• your right to obtain a copy of your personal data (your right of access). Please note that Guernsey law requires us to keep certain types of information confidential, which may limit your right of access;
• your right to restrict our processing of your personal data where certain conditions apply (your right to restriction of processing);
• your right to request that your personal data be erased in certain circumstances. For example, when we have no legal ground for holding it (your right to erasure);
• your right to withdraw your consent to our processing of your data at any time;
• your right to object to the processing of your personal data for direct marketing;
• your right, if you switch to another provider, to request that we transmit your personal data to the new provider in a commonly-used machine readable format. (your right to data portability); and
• your right not to be subject to decisions based on automated processing when there are no legal grounds justifying the use of automated processing. If at any time you believe we hold information in error or that the information we hold on you is inaccurate or incomplete, or wrongly held, you may submit a request to us to consider rectifying and/or erasing it.

If you request a copy of your personal information, one copy will be provided for free but we reserve the right to charge a small fee where more than one copy is requested or where the request is unfounded, repetitive and/or excessive. Where a request is submitted, we may require you to prove your identity with 2 pieces of approved photographic identification. Once identity has been verified, we will use reasonable efforts to supply, correct or delete personal information about you on our files within one month of the request.

We will endeavour to respond to any requests made by you in respect to the rights outlined above or any other queries or concerns you may have in regard to privacy matters as soon as practicable and in any event in accordance with the time frames outlined in the DP Law.

If at any time you are concerned with the information held, the way in which we hold it or are unhappy with any response from us in relation to information held or with any other element relating to your personal information, you may lodge a complaint.

Complaints

We would ask that you contact us in the first instance and we will seek to resolve any concerns as soon as possible. You also have a right to lodge a complaint directly with a regulatory authority, in Guernsey this is the Office of the Data Protection Authority (“ODPA”):

St Martin’s House Le Bordage St. Peter Port Guernsey GY1 1BR

Decisions of the ODPA can be appealed to the Royal Court.

Details of the complaints and appeals processes are available on their website at www.ODPA.gg

Data Security Officer / Primary Point of Contact

The primary point of contact for all data protection matters is the Data Protection Point of Contact (“DPPOC”).  Should you wish to make contact or require any further information on any of the above, please contact the DPPOC on the following details:

PO Box 182, 2nd Floor Connaught House, St Julians Avenue, St Peter Port, Guernsey, GY1 4HL

Tel: +44 1481 720581 Email: [email protected]

Updates to this Notice

This Privacy Notice may be updated from time to time so you may wish to check it each time you submit personal information to Weighbridge. This policy was last updated on the 26 May 2021.