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Trading Standard's privacy policy and retention schedule

Introduction

Trading Standards 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.  We are part of the Regulation Group which sits under Growth Housing and Environment.

We process and hold your information in order to provide you with 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
  • postal address
  • previous addresses
  • your telephone number
  • email address
  • date of birth
  • place of birth
  • your nationality
  • summary of your complaint details
  • details of the goods or services you are complaining about (ie; supplier details, specifications, account numbers and order references)
  • job titles relating to the issue of licenses and permits
  • vehicle registrations, makes and models, including caravans and motorhomes 
  • craft registrations and craft details 
  • details of the campsite you are staying at and your visit dates

Why we need to collect information about you

We need to hold your information in order to:

  • provide an advice service regarding the supply of goods and services
  • investigate complaints regarding the supply of goods and services
  • register and renew Liquor Licenses for all premises that sell alcohol 
  • investigate, enforce and provide advice for complaints relating to:
    • unfair commercial practices
    • price marking
    • to product safety
    • trademarks
    • intellectual property rights
    • unclassified video recordings
    • supply of age-related products (e-cigarettes and butane canisters)
    • short weights and measures 
    • distance selling
  • mange the subscriber list and Investigate complaints relating to subscribers of
    • the Code of Consumer lending
    • the Debt Collectors’ Code of Conduct
  • administer and issue beach trading licenses on beaches or slipways
  • issue of beach parking permits
  • register and renew tourist accommodation
  • register and renew all places of refreshment
  • issue of visitor caravan and motorhome permits
  • undertake proactive inspections to check compliance with consumer protection legislation
  • deliver consumer protection awareness initiatives to schools and community groups;
  • promote consumer rights
  • provide a metrological (weights and measures) service to farmers, growers and other government departments;
  • undertake proactive inspections of weighing and measuring equipment and weights and measures in use for trade
  • provide consumer protection policy advice

How will we use the information about you?

We will use the information you provide in a manner that conforms to the Data Protection (Jersey) Law 2018.

We will endeavour to keep your information accurate and up to date. We will process your information for the following purposes:

  • to carry out the service you have requested
  • to monitor and improve our performance in responding to your service request
  • to ensure that we meet our legal obligations
  • where necessary for our law enforcement functions
  • to prevent and detect crime
  • to manage and process financial transactions including grants
  • where necessary to protect individuals from harm or injury
  • to allow the statistical analysis of data so we can plan the provision of services

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 those who either process information on our behalf, 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 unless there are exceptional reasons not to do so.

Data Processing

We use the following organisations to process information on our behalf

​Organisation​Reason for processing
Prosperity 24/7​System development, support and maintenance of our client relationship management system.

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
​Environmental Health​For the licensing of businesses under Places of Refreshment, Tourism Accommodation and Liquor Licensing

​Places of Refreshment (Jersey) Law 1967

Tourism (Jersey) Law 1949

Licensing (Jersey) Law 1974

​Jersey Fire and Rescue Services​​For the licensing of businesses under Places of Refreshment, Tourism Accommodation and Liquor Licensing

​Places of Refreshment (Jersey) Law 1967

Tourism (Jersey) Law 1949

Licensing (Jersey) Law 1974

​Visit Jersey​To maintain the list of registered tourist accommodation on the Visit Jersey website​Tourism (Jersey) Law 1949
​States of Jersey Police

For licensing of businesses under Liquor Licensing

Provide information for the detection, investigation and prevention of possible criminal offences

​Licensing (Jersey) Law 1974

Police Procedures and Criminal Evidence (Jersey) Law 2003

Video Recordings (Jersey) Law 1990

​Customs & Immigration Service​Provide information for the detection, investigation and prevention of possible criminal offences relating to the import of goods

​Trade Marks (Jersey) Law 2000

Intellectual Property (Unregistered Rights) (Jersey) Law 2011

Police Procedures and Criminal Evidence (Jersey) Law 2003

​All Parishes

​For the administration of applications under the Liquor Licencing Law

Consult with parishes regarding applications for beach trading concessions

Licensing (Jersey) Law 1974

Policing of Beaches Regulations

​Ports of Jersey​Consult with the Ports of Jersey regarding applications for waterborne  beach trading activities ​Policing of Beaches Regulations
​Judicial Greffe​Provision of information relating to the application for the licensing of businesses under Liquor Licensing law​Licensing (Jersey) Law 1974
​Baliffs Chambers​As chair of licensing assembly for applications relating to the licensing of businesses under Liquor Licensing law​Licensing (Jersey) Law 1974





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 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 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 and/or in the Jersey Gazette for the following reasons:

  • Where we are required by law to publicise certain information, for example where a business is a sole trader and we have obtained an undertaking from you under the Consumer Protection (Unfair Practices) (Jersey) Law 2018 or the Distance Selling (Jersey) Law 2007.
  • In the interests of demonstrating a fair and transparent decision making process.
  • Where we are required to provide statistical information about a group of people; although your data will be anonymised to protect your identity.

  • Where you have responded to a public consultation, although your comments will be anonymised to protect your identity.

We will not publish any of your sensitive personal information unless there is a requirement for us to do so in order to carry out our statutory functions.

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 we 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 the few instances when you have given your consent to process your information, 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 is 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. However where our records are not held in a way that easily identifies you, we may not be able to provide you with a copy of your information, although we will do everything we can to comply with your request.

Retention schedule

Our retention schedule is currently under review and will be posted to this page shortly

Complaints

If you have an enquiry or concern regarding the States 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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