Public Privacy Notice
Gower Pensions Management Limited (“Gower”) & The Data Protection (Bailiwick of Guernsey) Law, 2017
The General Data Protection Regulation is European Union legislation which came into force for European Member States on 25th May 2018. Not being a European Member State, the legislation does not apply to Guernsey.
However, in order to maintain equivalency with both the UK and the European Member States the Bailiwick has implemented equivalent legislation; The Data Protection (Bailiwick of Guernsey) Law, 2017 (“The Law”) which came into force on 25th May 2018, therefore ensuring that the Bailiwick has appropriate rights and maintains its ‘adequacy’ status with the European Commission (protecting the free flow of data to the Islands).
This Law has enhanced Data Protection and now affords a greater clarity, and security, with regards to rights and responsibilities.
This privacy Notice is only meant for those who have NOT yet entered into Terms of Business (“contractual relationship”) with Gower but have submitted their Personal Data via our website.
Purpose of this document
The aim of this Privacy Notice is to ensure that individuals who use our website, have knowledge of the relevant rights and responsibilities due to, and from, Gower concerning Personal Data.
Gower is dedicated to protecting the security and privacy of your Personal Data. To do this, Gower will adhere to the following principles when processing your Data:
- Lawfulness, Fairness and Transparency;
- Purpose Limitation;
- Storage Limitation;
- Integrity and Confidentiality;
By using this Site, you are accepting this Privacy Statement. If you do not agree to this statement, please do not continue to use our Site. Visitors to the Site are encouraged to review this statement from time to time as we reserve the right to change or modify this at any time.
Our privacy statement does not apply to any links to other sites which may appear on our Site; please be aware that we have no control over these sites.
1. What is the purpose and legal basis for processing?
The legal basis of processing your Personal Data, entered onto our website, is that of Consent. By entering your Personal Data, reading the Consent Disclosure and clicking the “I consent and Agree” button; you will have consented to Gower processing your information.
This consent can be revoked by you at any time by writing to Gower’s Data representative (See Section 17).
2. What is the legitimate interest of Gower processing my Personal Data?
Gower’s interest in collecting and processing your Personal Data, via the website, is to contact you regarding services offered by Gower.
3. Who is responsible for my Personal Data?
Whilst this notice refers to Gower as an entity, those who are ultimately responsible for its actions are the members of the Board of Directors; who should be considered responsible for the collection and processing of your Personal Data.
4. What information will be collected?
Gower will collect the Personal Data via your submission. Gower will not hold or accept Personal data of an individual without first making that Data Subject aware of this Privacy Notice.
5. Categories of Personal Information
What is Personal Data?
This is information through which you, as an individual, can be easily identified, such as your name, address and date of birth.
6. What is Special Category Data?
Special Category Data refers to Personal Data which is recognised as more sensitive, and is therefore given higher levels of protection. This can include health information, race and ethnic origin, sexual orientation etc.).
7. Will Gower collect any Special Category data?
At this stage Gower will not request, collect or process any of your Special Category Data.
Only once a contractual relationship has been established, and if required, will Special Category Data be discussed.
8. Will my Personal Data be used to directly market to me?
Only in as much as you have requested that Gower make contact with you. Please note that Gower will no pass on your Personal Data to third parties for marketing purposes.
9. Will Gower pass on my information?
No. The information disclosed under this Privacy Notice will not be used for any other purpose than to contact you as the Data Subject. (See Section 11).
10. Will my information be transferred to an unauthorised jurisdiction?
Gower will not transfer your data to an unauthorised jurisdiction. The exception to this rule is if you, as the Data Subject, exercise your Right and request that your Personal Data is sent to another Data Controller in an Unauthorised Jurisdiction.
11. How long will my information be kept?
Gower’s legal basis for handling your data is rooted in Consent; therefore your data will not be kept any longer than it reasonably necessary; meaning:
1). If you decide not to enter into a contractual relationship with Gower, your Personal Data will be erased from our systems.
12. Is my information secure?
As a Data Subject, your Personal Data will be held both physically and digitally.
All data that is held in a physical form (letters, files, application forms, etc) is either held securely at Gower’s office or at a locally based archivist.
In respect of information held electronically, Gower has security systems to ensure that all Personal Data is protected from cyber based risks. As a demonstration of this, Gower has achieved the Cyber Essentials Certificate accredited by IASME. For more information please contact Gower’s Data Representative (See Section 17).
13. How can I access, amend or remove my Personal Data?
Gower has built a number of internal processes to ensure that any request you make can be handled competently and swiftly.
Should you wish to view, amend or remove your Personal Data, the process can be started by contacting Gower’s Data Representative (See Section 17).
14. Who will handle my Data?
Due to the size, nature and complexity of Gower, all Personal Data is considered as confidential and will only be handled by Employees of Gower.
To ensure that Personal Data is handled appropriately, every Employee of Gower has been subject to its Recruitment process and Training and Competency scheme.
Should you, as the Data Subject believe there to be a Conflict of Interest with an Employee of Gower having access to your information please raise this immediately. Gower has procedures in place to ensure that your information, if required by you, can be subject to restrictive viewing.
15. What happens to my information when using the website?
This information is not used to develop a personal profile of you and the log files are regularly purged.
This information will be kept confidential except where disclosure is required or permitted by law (for example to Government bodies and Law enforcement agencies). Gower does not sell or otherwise transfer any personal data to commercial companies or other organisations, with the exception of Web Statistics (see below) which is hosted and managed by a third party company (Google, Inc).
Gower collects this information to help us understand how the website is used in order to maintain and improve it and to deal with your requests providing you with information about products and services.
Cookies, Web Statistics and third party monitoring
Gower maintains continuous logs of its web server activity. These log files include the details of website users’ IP address, browser type and page last visited, etc. The log files are used to analyse how the website is being used by visitors and may be kept in an anonymised form for historical records.
Gower’s website uses hosted web analytics software. This hosted service is provided and managed by a third party company (Google, Inc). The service ‘Google Analytics’ uses ‘cookies’ (a text file sent to users’ computers as they browse our website) to help analyse how users navigate our website. The information generated by the cookie regarding our website (including IP addresses) will be anonymised and transmitted to and stored by Google, Inc. on servers that may be hosted in the United States. Google, Inc. will use this information for the purpose of evaluating use of our website, compiling reports on website activity for website operators and providing other related services.
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. will not associate your IP address with any other data held by Google, Inc.
By using Gower’s website, you consent to the processing of data about you by Google, Inc. in the manner and for the purposes set out above.
16. What rights do I have under the Data Protection Law?
Under the Law, your existing rights have been enhanced. Below are those which apply to Gower and the acquisition and processing of your Personal Data.
The right to information regarding the processing of Personal Data when collected from the data subject.
This Privacy Notice is designed provide you with clear and concise information regarding the intended use of your Personal Data, your rights as a Data Subject, Gower’s official contact details and other relevant information regarding your Personal Data.
Should you require any further information please contact Gower’s Data representative.
The Rights to Data Portability
You have the right to request Gower to provide, move, copy or transmit your Personal Data to another data controller.
The Right of access
As stated above, have the right to make a written request for a copy of your Personal Data held by Gower. This must be addressed to Gower’s Data Representative who will provide you with more information at that time.
You are not ordinarily entitled to receive copies of our documentation, but we may choose to provide you with such copies of documents at our sole discretion. In addition, we are not required to respond to requests for Personal Data that we consider to be frivolous, vexatious, unnecessarily repetitive or excessive.
The Right to Object to processing for direct marketing purposes
The purpose of submitting your Data, via the website, was to enable Gower to contact you regarding its services.
Gower will not use your information to directly market to you.
The Right to rectification
If you dispute, or have reason to believe, that the Personal Data you submitted and is held by Gower is no longer accurate then you have the right to request that it is updated.
The Right to erasure
As stated, if no longer reasonable to hold your Personal Data, Gower will have it erased/destroyed. However, it is still your right to request that your Personal Data be erased.
The Right to restriction of processing
You have the right to impose a restriction, for a period of time, on Gower’s processing of your information.
However, given the nature of how and why Gower processes Personal Data; any restriction could result in a limitation of the service provided to you.
The Right not to be subject to decisions based on automated processing
The processing of your information is done manually, with no processing being done on an automated basis.
17. Who do I contact at Gower regarding my Personal Data?
For all matters concerning your Personal Data please contact: Mr John Doherty – email@example.com
Gower Pensions Management Limited, Suite 2, Weighbridge House, Le Pollet, St Peter Port, Guernsey, GY1 4EH
Tel: 01481 700155
18. How do I make a Complaint?
You have the right, as a Data Subject, to make a complaint should you believe Gower to be in breach of its duty as Data Controller. You may follow Gower’s Complaints Procedure or make the complaint directly to the Office of the Data Protection Commissioner:
Data Protection Office,
Guernsey Information Centre,
St. Martins’s House, Le Bordage,
St. Peter, Port, Guernsey, GY1 2LQ
Tel: 01481 742074
Changes to this Privacy Statement
This Privacy Statement may be updated from time to time so you may wish to check it each time you submit personal information to Gower’s website
The material contained on the Site is for information only and does not constitute legal or other advice. Gower will act in accordance with the requirements of the Data Protection (Bailiwick of Guernsey) Law 2017 and the European Communities (Implementation of Privacy and Electronic Communications) (Guernsey) Ordinance, 2004.
This fact sheet, is designed for those who have signed a Terms of Business with Gower and is meant as a general guide to Gower’s Data Protection and Usage Policy. Please do not hesitate to contact Gower to query anything you don’t understand and would like further information.
Please note that Personal Data may be transferred to another firm upon the sale of all or part of Gower, or as otherwise required or permitted under applicable Laws or Regulatory Rules or by the GFSC or the Data Protection (Bailiwick of Guernsey) Law 2017.
Personal Data – Any information relating to an identified or identifiable individual.
Special Category Data – Personal data revealing an Individual’s racial or ethnic origin, political opinion, religious or philosophical belief, trade union membership, genetic data, biometric data, health data, data concerning an individual’s sex life or orientation, criminal data.
Data Subject – An identified or identifiable individual to whom personal data relates
Data Controller – A person (individual or legal) that determines the purposes and means of the processing of any personal data.
Data Processor – An individual or other person that processes personal data on behalf of a controller and includes a secondary processor (another processor engaged by the primary processor).
Gower Pensions Management Limited
Registered Office: Suite 2, Weighbridge House, Le Pollet, St Peter Port, Guernsey GY1 1WL is licensed by the Guernsey Financial Services Commission. Company Number 1022098