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Trading Standards Service's privacy policy and retention schedule

Introduction

The Trading Standards Service is registered as a ‘Controller’ under the Data Protection (Jersey) Law 2018 as we collect and process personal information about you. 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 States 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.

Retention schedule

Trading Standards Service retention schedule

How long we keep information about you

We will and not 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 schedule is available for you to view on this page.  This sets out what information we hold and how long we will keep it for. What information do we collect about you

We collect the following types of information about you:

  • Name
  • Address
  • Telephone numbers
  • Emails
  • Summary of your complaint details
  • Details of the goods or services you are complaining about, which can include supplier details, specifications, account numbers and order references
  • Job title in connection to the issue of Tourism, Refreshment and Beach Concession related licenses and permits
  • Vehicle registrations, makes and models for the issue of beach parking permits
  • Craft registrations and details for the issue of beach parking permits
  • Caravan and motorhome vehicle registrations, selected campsites, transport reservation numbers and visit dates for the issue of visitor permits

Why we collect information about you

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

  • provide consumer advice services regarding the supply of goods and services;
  • investigate complaints regarding;the supply of goods and services
    • tourism accommodation
    • places of refreshment
    • unfair commercial practices
    • price marking
    • product safety
    • distance selling
    • the unauthorised use of trade marks
    • beach trading
    • policing of beaches
    • parking on the beach or slipway
    • the supply of circumvention devices under intellectual property rights
    • the supply of age related products (e-cigarettes and butane canisters)
    • video recordings
    • short weights and measures
    • subscribers to the Code of Consumer lending
    • subscribers to the Debt Collectors’ Code of Conduct
  • administer;
    • trading on a beach or slipway
    • issue of beach parking permits
    • registration of all tourism accommodation
    • registration of all places of refreshment
    • the issue of visitor caravan and motorhome permits
    • subscribers to the Code of Consumer lending
    • subscribers to the Debt Collectors’ Code of Conduct
  • undertake proactive inspections to check compliance with consumer protection legislation;
  • deliver consumer protection awareness initiatives to schools and community groups;
  • promote consumer rights;
  • provide metrological services to farmers, growers and other government departments;
  • undertake proactive inspections of weighing and measuring equipment and weights and
  • measures in use for trade; and 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, and 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; and
  • 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 States 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.

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 States of Jersey (SOJ) departments or organisations to fulfil your request for a service. They include Environmental Health, Fire and Rescue Service, Police and Visit Jersey. They are obliged to keep your details securely, and only use your information for the purposes of processing your service request.

We may disclose information to other departments where it is necessary, either to comply with a legal obligation or where permitted under other legislation. 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; for the purposes of meeting statutory obligations; or to prevent risk of harm to an individual, etc

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.

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.

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 Trading Standards Service 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.

Complaints

If you have an enquiry or concern regarding the processing of your personal data you can:

  • call +44 (0) 1534 448160
  • write to Data Controller, Trading Standards Service, 9-13 Central Market, St. Helier, Jersey, JE2 4WL

or you can contact the Data Protection team by:

  • writing to The Data Protection Team, Cyril Le Marquand House, The Parade, St Helier, Jersey, JE4 8QT

You can also complain to the Information Commissioner about the way your information is being used by:

  • calling +44 (0) 1534 716530
  • writing to Office of the Information Commissioner, One Liberty Place, Liberty Wharf, La Route De La Liberation, St Helier, Jersey, JE2 3NY
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