Channel Distribution Services Ltd (“[CDS Ltd]”, “we”, “us”, “our”) is a Guernsey incorporated company.
This Privacy Notice sets out how personal data (i.e. information which directly or indirectly identifies you) is collected, processed and disclosed by us. We take the privacy and security of your information seriously and will only use such personal information as set out in this Privacy Notice.
This Privacy Notice should be read in conjunction with our other Terms and Conditions and any other relevant legal notices etc.
- The information we collect:
1.1 In the course of offering or providing services to you, or receiving services from you, we may collect information that personally identifies you. The personal data we collect may include:
i. your name, title and contact details;
ii. your professional title and occupation;
iii. your age;
iv. financial information;
v. personal identifiers such as your social security number, national insurance number or tax number;
vi. other information you provide to us in the course of your dealings with us or which we require to provide you with our products and services.
1.2 In certain very limited cases, we may also collect what is known as “special categories” of information. This might include information pertaining to your health where, for example, we are required to have the information for the purpose of providing you with products or services.
1.3 You are not obliged to provide us with your information where it is requested, but we may be unable to provide certain products and services or proceed with our business relationship with you if you do not do so. Where this is the case, we will make you aware.
1.4 In the event that you are seeking employment or work placement with us, please refer to the ‘Employment and Recruitment’ section below for more information regarding how your personal data is collected and processed.
- How we collect your data
2.1 We primarily collect your personal data from the following sources:
2.1.1 from information which you or your authorised representative gives to us, including but not limited to:
i. Customer agreements, applications or other materials you submit to us during the course of your relationship with us;
ii. your interactions with us, transactions and use of our services (including but not limited to the use of our website and email system); and
iii. your business dealings with us, including in person, via email, telephone or as stated in our contracts with you.
2.1.2 personal data we receive from you or any third party sources which may include:
i. your customers, contractors, sub-contractors or other parties engaged to work on a particular project;
ii. your legal and/or financial advisors;
iii. Information collected via website (including cookies and IP addresses).
2.2 We may also collect and process your personal data in the course of dealing with consultants, advisors, official authorities and service providers by whom you are employed or engaged or for whom you act.
3 Why we collect your Personal data:
Lawful grounds for processing
3.1 We are entitled to hold and process your personal data on the following lawful grounds:
3.1.1 the processing is necessary for our legitimate interests, provided that your interests and fundamental rights do not override those interests;
3.1.2 the processing is necessary to comply with our respective contractual duties to you under the terms of our service contract with you and all supplemental agreements thereto;
3.1.3 to comply with our legal and regulatory obligations of any company;
3.1.4 (on exceptional occasions) where we have obtained your consent; and
3.1.5 (on rare occasions) where it is needed in the public interest.
4.1 Some of the grounds for processing described above will overlap and there may be several grounds which justify our use of your personal data.
Inaccurate or Amended Information
4.2 Please let us know if any of your personal data (including correspondence details) changes as soon as possible. Failure to provide accurate information or to update changed information may have a detrimental impact upon the services we provide to you.
Purposes of processing
4.3 We may process your personal data for the purposes set out below (“Purposes”).
4.3.1 communicating with you as necessary in connection with the products or services provided to you;
4.3.2 conducting credit reference checks;
4.3.3 supporting our IT and business applications support teams, accounting, legal, reporting, internal audit and risk management, administrative, transfer, document storage, record keeping and other related functions, including but not limited to processing personal data in connection with the services provided;
4.3.4 disclosing your personal data (including identity and contact details) to any third party whose services or products are required to enable us to fulfil our contractual obligations, such as contractors, sub-contractors or suppliers;
4.3.5 liaising with or reporting to any regulatory or public authority (including the police or tax authorities); and
4.3.6 communicating with our professional advisers for the purposes of obtaining professional advice.
4.4 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.
4.5 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 information without your knowledge or consent, in compliance with the above rules, where these are required or permitted by law.
4.6 To the extent that such personal data contains special category data such as, for example: data relating to health, racial or ethnic origin, political opinion, religious or philosophical belief, trade union membership or criminal data then the processing of such data shall solely be for the purpose of complying with any duty imposed on us by an enactment including, but not limited to, legislation and regulatory obligations relating to Anti-Money Laundering.
4.7 We will not make decisions about you based on automated processing of your personal data.
5 Sharing personal data
5.1 We may share your personal data with third parties (including bank, financial institution or other third party lenders, IT service providers, auditors and legal professionals) under the terms of any appropriate delegation or contractual arrangement. Those authorised third parties may, in turn, process your personal data, possibly abroad.
6 Retention of personal data
6.1 Your personal data will be retained for the longest of the following periods:
6.1.1 for us or any third parties to carry out the Purposes for which the data was collected or as long as is set out in any relevant agreement you enter into with us;
6.1.2 in order to establish or defend legal rights or obligations or to satisfy any reporting or accounting obligations; and/or
6.1.3 any retention period that is required by the Data Protection (Bailiwick of Guernsey) Law, 2017 and any other applicable laws or regulatory requirements.
6.2 We endeavor to store your personal data securely and in accordance with accepted market standards.
6.3 Whilst we have taken every reasonable care to ensure the implementation of appropriate technical and security measures, we cannot guarantee the security of your personal data over the internet, via email or via our websites nor do we accept, to the fullest extent permitted by law, any liability for any errors in data transmission, machine, software or operating error or any other cause.
7 Your rights
7.1 You have, under certain circumstances, the following rights in respect of personal data:
7.1.1 the right to access and port personal data;
7.1.2 the right to rectify personal data;
7.1.3 the right to restrict the use of personal data;
7.1.4 the right to request that personal data is erased;
7.1.5 the right to object to processing of personal data; and
7.1.6 where we have relied on consent to process the personal data, the right to withdraw consent at any time by contacting us via the contact details below.
7.2 You also have the right to lodge a complaint with the Guernsey Data Protection Authority and/or a supervisory authority in the EU member state of your usual residence or place of work or of the place of the alleged breach, if you consider that the processing of your personal data carried out by us or any of our service providers has breached data protection laws.
7.3 You may also appeal to certain courts against (i) any failure of the Guernsey Data Protection Authority to give written notice of whether the complaint is either being investigated or not being investigated and where applicable, the progress and the outcome of the investigation and (ii) a determination of the Guernsey Data Protection Authority not to investigate the complaint or a determination that a controller or processor has not breached or is not likely to breach an operative provision in connection with the complaint. The Guernsey Data Protection Authority is the Data Protection Commissioner, for which more information is available at https://dataci.gg/.
7.4 In limited circumstances we may approach you for your written consent to allow us to process certain particularly special category data or to use data for another purpose. Where you may have provided your consent to the collection, processing and transfer of your personal data for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact us. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
8 Data protection Manager
We have appointed a Data Protection Manager to oversee compliance with this privacy notice. If you have any questions about this privacy notice or how we handle your personal data, please contact the Data Protection Manager.
9 Employment and Recruitment
9.1 In the event that you are seeking employment with us and apply for a position or placement via our website, we may invite you to send us your curriculum vitae. Any information you send us for the purpose of a job application will be treated by us with the greatest care for that purpose only. Upon receipt, our recruitment personnel will make an informed decision as to whether to proceed with your application and invite you to attend an interview. All of the information gathered during the application/recruitment process will be taken into account when making our decision.
9.2 If you are unsuccessful following assessment for the position you have applied for, we may ask if you would like your details to be retained on our recruitment records for a period of 6 months. If you say yes, we will contact you should any further suitable vacancies arise during this period. Following this time, we will securely dispose of your information in accordance with our records management procedures.
9.3 If you become an employee of the company, information provided by you during the recruitment process will be retained by us on your HR file for the duration of your employment plus 6 years following the end of your employment. This includes any criminal records checks, fitness to work declaration, and references.
10 How to contact us
If you have any questions about our use of your personal data, our retention procedures or our security processes, please contact our Data Protection Manager at:
CDS Ltd
Pointes Lane
St Andrews
Guernsey
GY6 8UH
11 Changes to this Policy
This Privacy Notice is 15/10/18
We reserve the right to amend this Privacy Notice at any time without notice, in which case the date of the policy will be revised.