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Market's privacy policy and retention schedule

Introduction

The Public Markets are registered as a ‘data controller’ under the Data Protection (Jersey) Law 2018 (Ref number 15801) as we collect and process personal information about you.  Public Markets are part of Infrastructure, Housing and Environment.

We process and hold your information in order to provide public services and meet our statutory obligations. This notice explains how we use and share your information. Information may be collected on a paper or online form, by telephone, email, or by a member of our staff, or in some cases, by another Government department.

We will continually review and update this privacy notice to reflect changes in our services and feedback from service users, as well as to comply with changes in the law.

What information we collect about you

We collect a variety of information about you, including:

  • your name
  • maiden name
  • email address
  • telephone number
  • your postal address
  • previous postal address
  • date of birth
  • signature
  • place of birth
  • period of residency in Jersey
  • business and organisation details
  • reference
  • CCTV footage
  • address verification documents such as utility bill, bank statement etc
  • photographic ID such as passport, driving licence etc
  • financial information such as assets, net value and source of wealth
  • details of any insolvency proceedings or bankruptcy declaration
  • details of any court judgements
  • bank statements (12 months)
  • business plan
  • current employer (previous employer required if in post less than 1 year)
  • bank or building society details

We need to collect and hold information about you, in order to:

  • to manage and regulate the issue of public market tenancies
  • to ensure the suitability of new public market tenancy applicants
  • to administer public market tenants
  • to ensure safety of public and tenants within the market
  • to manage access to the markets out of opening hours
  • to issue parking permits, where necessary
  • to arrange payment of tenancy and permits
  • to authorise applications for ‘pop up shops’

How we will use the information we hold about you

We will use the information you provide in a manner that conforms to the Data Protection (Jersey) Law 2018 and endeavour to keep your information accurate and up to date. We will process your information for the following purposes:

  • to verify your experience and suitability to be granted a public market tenancy
  • to prevent and detect crime
  • to ensure payment of tenancy and permits

We may not be able to provide you with a service unless we have enough information or your permission to use your information.

We will not pass any personal data on to anyone outside of the Government of Jersey, other than to those who either process information on our behalf, or where we are required to assist other organisations in fulfilling their legal obligations or because of a legal requirement.  We will only do this, where possible, after we have ensured that sufficient steps have been taken by the recipient to protect your personal data and where necessary we will ensure that the recipient has signed a data sharing agreement.  A data sharing agreement sets out the purpose of the sharing and the rules that must be followed when processing your data.

We will not disclose any information that you provide ‘in confidence’, to anyone else without your permission, except in the few situations where disclosure is required by law, or where we have good reason to believe that failing to share the information would put someone else at risk. You will be told about this.

Data Processing

We use the following organisations to process information on our behalf.

​Organisation​Reason for sharing
​Cashback Limited​To carry out credit checks and provide credit reference



Information processed outside of the European Economic Area ('EEA')

We do not currently process any personal data overseas using web services that are hosted outside the European Economic Area.

Data sharing

We may need to pass your information to other Government of Jersey (GOJ) departments or organisations to fulfil your request for a service. These departments and organisations are obliged to keep your details securely, and only use your information for the purposes of processing your service request. 

​Organisation​Reason for sharing​Legal Basis
​Market Tenant Approval Panel​To review the suitability of new tenant applications​Public function/contract
​States Treasury and Exchequer​To process tenancy charges​Public function/contract
​Jersey Property Holdings​To maintain a tenancy database regarding publicly owned buildings​Public function/contract

Other forms of sharing

If we need to disclose any sensitive or confidential information about you, we will only do so if absolutely necessary or once we have obtained your consent where appropriate or unless we are legally required to do so. Examples of this include, but are not limited to: where the disclosure is necessary for the purposes of the prevention and/or detection of crime or for the purposes of meeting statutory obligations.

At no time will your information be passed to organisations for marketing or sales purposes or for any commercial use without your prior express consent.

Data Security

We have put appropriate security measures in place to prevent your personal data from being used or accessed, altered or disclosed in an unauthorised way. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a legal or legitimate business need to know.

All of our staff have received training on data protection awareness and security. We have procedures in place to deal with any suspected personal data breach and will notify you and the Office of the Information Commissioner of any breach where we are legally required to do so.

Publication of your information

We may need to publish your information on our website where we are required to provide statistical information or where you have responded to a public consultation; although your data will be anonymised to protect your identity.

How long we keep information about you

We will endeavour not to keep your information for longer than is necessary. In some instances the law sets the length of time information has to be kept. Our retention schedules are available for you to view at the bottom of this page. These set out what information we hold, how long we plan to keep it for and what we plan to do with it at the end of its lifecycle.

In some instances we will not be able to remove your data automatically from our files because of the limitations of some of our legacy processes and systems. There are also some instances where we are still working towards meeting the requirements set out in our retention schedules.

If you are concerned about us continuing to hold your personal information you can contact us to ask that we remove the data immediately. We will always seek to comply with your request but we may require further information from you to be able to locate your data or we may still be required to continue to hold or process your information in order to comply with a legal requirement.

Telephone calls

We do not record or monitor any telephone calls you make to us using recording equipment, although if you leave a message on our voicemail systems your message will be kept until we are able to return your call or make a note of your message. File notes of when and why you called may be taken for record keeping purposes. We will not pass on the content of your telephone calls, unless is it necessary for us to do so; either to fulfil your request for a service; to comply with a legal obligation, or where permitted under other legislation.

Emails

If you email us we may keep a record of your email address and a copy of the email for record keeping purposes. For security reasons we will not include any confidential information about you in any email we send to you. We would also suggest that you keep the amount of confidential information you send to us via email to a minimum or use our secure online services where possible or correspond with us by post. We will not share your email address or your email contents unless is it necessary for us to do so; either to fulfil your request for a service; to comply with a legal obligation, or where permitted under other legislation.

Your rights

You can ask us to stop processing your information

You have the right to request that the Department of the Environment stop processing your personal data in relation to any of our services. However, this may cause delays or prevent us delivering a service to you. Where possible we will seek to comply with your request but we may be required to hold or process information to comply with a legal requirement.

You can withdraw your consent to the processing of your information

In instances where the processing of your information can only be carried out with your consent, you have the right to withdraw your consent to the further processing of your personal data.  However, this may cause delays or prevent us delivering a service to you. We will always seek to comply with your request but we may be required to hold or process your information in order to comply with a legal requirement.

You request that the processing of your personal data is restricted

You have the right to request that we restrict the processing of your personal information.  You can exercise this right in instances where you believe the information being processed in inaccurate, out of date, or there are no legitimate grounds for the processing. We will always seek to comply with your request but we may be required to continue to process your information in order to comply with a legal requirement.

You can ask us to correct or amend your information

You have the right to challenge the accuracy of the information we hold about you and request that it is corrected where necessary.  We will seek to ensure that corrections are made not only to the data that we hold but also any data held by other organisations/parties that process your data on our behalf.

You can ask us for a copy of the information we hold about you

You are legally entitled to request a list of, or a copy of any information that we hold about you. You can submit a special access request (SAR) using our online form.

Retention Schedule

Retention Schedule for the Market section is included in Jersey Property Holdings schedule.

Complaints

If you have an enquiry or concern regarding the Government of Jersey processing your personal data you can contact the Central Data Protection Unit.

You can also complain to the Jersey Office of the Information Commissioner about the way your information is being used.

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