This Notice is addressed to any person from whom we collect personal data in the course of providing its services (“you”). This will include our clients and, where our client is not a natural person, the owners, controllers and personnel of our clients. Cyan is the controller of that data and is therefore required to provide you with this Notice. Cyan will not be the controller of all personal data it receives, so where your personal data is being collected by or on behalf of other parties, we recommend that you take note of who the controller of that data will be and read their privacy notice.
Any data that relates to you, or from which you can be identified, is known as “personal data”. We respect your privacy and are committed to protecting your personal data. This Notice will inform you as to how we look after your personal data and tell you about your privacy rights and how the law protects you.
Please also use the Glossary to understand the meaning of some of the terms used in this Notice.
1. IMPORTANT INFORMATION AND WHO WE ARE
2. THE DATA WE COLLECT ABOUT YOU
3. HOW IS YOUR PERSONAL DATA COLLECTED?
4. HOW WE USE YOUR PERSONAL DATA
5. DISCLOSURES OF YOUR PERSONAL DATA
6. INTERNATIONAL TRANSFERS
7. DATA SECURITY
8. DATA RETENTION
9. YOUR LEGAL RIGHTS
1. Important information and who we are
PURPOSE OF THIS PRIVACY NOTICE
This Notice aims to give you information on how we collect and process your personal data.
It is important that you read this Notice together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This Notice supplements the other privacy notices and is not intended to override them.
This Notice is issued by Cyan Services Limited, so when we mention “Cyan”, “we”, “us” or “our” in this Notice, we are referring to Cyan Services Limited, which is the controller of your personal data.
You may contact us with any data protection questions or requests at:
Email address: email@example.com
Postal address: Cyan Services Limited
22 Hill Street
Jersey JE2 4UA
Telephone number: +44 1534 880659
You have the right to make a complaint in relation to data protection issues at any time to the Jersey Data Protection Authority. We would, however, appreciate the chance to deal with your concerns before you do so, so please contact us in the first instance.
CHANGES TO THIS PRIVACY NOTICE AND YOUR DUTY TO INFORM US OF CHANGES
This Notice is effective from 4 May 2021. We will post any material changes that we may make to this Notice in the future on our website and, where appropriate, we will notify you of the change by email.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
2. The data we collect about you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
- Identifying information (i.e. information used to identify a specific individual, such as name, date of birth, place of birth, nationality, passport number and place of issue, principal residential address).
- Contact information (e.g. postal address, telephone number, email address).
- Family information (e.g. family structure, siblings, offspring, marriages, divorces, relationships).
- Financial information (e.g. source of wealth, personal assets, bank account numbers and income details).
- Professional information (e.g. job titles, employment history).
- Transaction information (e.g. details about payments to and from you and other details of products and services you have purchased from us).
- Marketing and Communications data includes your preferences in receiving marketing from us and your communication preferences.
In certain circumstances, we will also collect, use, store and transfer Special Categories of data about you. In particular, as part of our due diligence processes, we might collect information as to:
- your political opinions and affiliations, so that we can identify that you are, or are connected to, a politically exposed person; and/or
- your criminal records or alleged criminal activity.
IF YOU FAIL TO PROVIDE PERSONAL DATA
Where we need to collect your personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our services) and we may have to terminate the provisions of services or decline the requested performance of a task.
3. How is your personal data collected?
We use different methods to collect data from and about you including through:
- Direct interactions. You may give us your personal information in face-to-face meetings, by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- apply for our services;
- respond to our requests for due diligence materials;
- ask questions or give us instructions related to our services;
- subscribe to our industry updates or publications; or
- request marketing to be sent to you.
- Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
- Identifying, Contact and Professional information from publicly available sources such as Companies House in the UK.
- Identifying, Contact, Professional and Special Category data from searches of electronic databases researched and maintained by professional service providers to help identify and manage financial, regulatory and reputational risk, such as World-Check.
- Identifying, Contact, Family, Financial, Professional, Transaction and Special Category data from your other service providers and advisers including accountants, tax advisers and lawyers.
4. How we use your personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where we have your consent.
- Where we need to perform the contract we are about to enter into or have entered into with you.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal or regulatory obligation.
Click here to find out more about the types of lawful basis that we will rely on to process your personal data.
Generally we do not rely on consent as a legal basis for processing your personal data other than where we are collecting Special Category data about you that is not strictly required by a legal or regulatory obligation. You have the right to withdraw any such consent at any time by contacting us.
PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
|Purpose/Activity||Type of data||Lawful basis for processing including basis of legitimate interest|
|To perform our anti-money laundering checks||(a) Identifying|
(e) Special category data (e.g. political opinions or criminal records)
|(i) Necessary to comply with a legal obligation|
|To deliver our services to our clients.||(a) Identifying|
(g) Marketing and Communications data
|(i) Performance of a contract|
(ii) Necessary to comply with a legal obligation
(iii) Necessary for our legitimate interests (performing our services and conducting our business)
|To comply with international tax reporting requirements (e.g. Mandatory Disclosure Regulations)||(a) Identifying|
|(i) Necessary to comply with a legal obligation|
|To manage our relationship with you which will include notifying you about changes to our terms or this Notice||(a) Identifying|
|(i) Performance of a contract with you|
(ii) Necessary to comply with a legal obligation
(iii) Necessary for our legitimate interests
|To send you marketing information about our services that we think may be of interest to you||(a) Identifying|
(c) Marketing and Communications data
|(i) Necessary for our legitimate interests|
You can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.
Where you opt-out of receiving these marketing messages, this will not apply to personal data provided to us for other purposes.
CHANGE OF PURPOSE
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. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
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 data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
5. Disclosures of your personal data
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
- External Third Parties.
- Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Notice.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
6. International transfers
External Third Parties may be based outside Jersey and the EEA so their processing of your personal data will involve a transfer of data outside Jersey and the EEA.
Whenever we transfer your personal data out of Jersey or the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
- We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
- Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
If none of these safeguards are available in respect of a proposed transfer of your personal data out of Jersey or the EEA, we will explain the possible risks to you of the proposed transfer, following which, if you provide your explicit consent, we may proceed with the transfer.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of Jersey or the EEA.
7. Data security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, 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 business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
8. Data retention
HOW LONG WILL YOU USE MY PERSONAL DATA FOR?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
Some hard copy documents will be retained while an engagement is ongoing in addition to our electronic records. When a file is closed any hard copy documentation will usually be scanned and the hard copy destroyed within 3 years of the end of our instructions. Electronic data will be retained for 10 years (or such other period as may be specified hereafter by law or regulation) following the completion of an engagement and may then be destroyed. For more information about our document retention policies, please contact us.
In some circumstances you can ask us to delete your data: see Request erasure below for further information.
9. Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:
- Request access to your personal data.
- Request correction of your personal data.
- Request erasure of your personal data.
- Object to processing of your personal data.
- Request restriction of processing your personal data.
- Request transfer of your personal data.
- Right to withdraw consent.
If you wish to exercise any of the rights set out above, please contact us.
NO FEE USUALLY REQUIRED
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
WHAT WE MAY NEED FROM YOU
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
TIME LIMIT TO RESPOND
We try to respond to all legitimate requests within four weeks. Occasionally it may take us longer than four weeks if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
EXTERNAL THIRD PARTIES
- Service providers who provide anti-money laundering screening services, client-facing application software, archiving and destruction services, business management software, telecommunications services, information technology services and marketing assistance.
- Our professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
- Regulators and other authorities based in Jersey, the UK and elsewhere who require reporting of processing activities in certain circumstances.
- Our clients’ other service providers, such as lawyers, bankers, auditors and insurers.
Consent means a freely given, specific, informed and unambiguous indication of your wishes by which you, by a statement or by a clear affirmative action, signify agreement to the processing of your personal data.
Legitimate Interest means the interest of our business in conducting and managing our business. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
SPECIAL CATEGORIES OF DATA
- data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership;
- genetic or biometric data that is processed for the purpose of uniquely identifying a natural person;
- data concerning health;
- data concerning a natural person’s sex life or sexual orientation; or
- data relating to a natural person’s criminal record or alleged criminal activity;
YOUR LEGAL RIGHTS
You have the right to:
- Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
- Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
- Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
- Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.
4 May 2021.