Purpose of this Notice

This Notice aims to give you information about how the Bank collects and processes your personal data.

It is important that you read this Notice together with any other privacy notice or fair processing 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 notices and is not intended to override them.

Controller

"ADCB Offshore Banking - Jersey Branch" is the Bank's registered business name. The Bank is regulated by the Jersey Financial Services Commission ("JFSC") and its principal place of business in Jersey is 27 Hill Street, St Helier, Jersey, JE2 4UA. The registered Head Office of Abu Dhabi Commercial Bank PJSC is at Abu Dhabi Commercial Bank Head Office Building, Sheikh Zayed Street, Plot C-33, Sector E-11, P.O. Box 939, Abu Dhabi, U.A.E.

For the purposes of applicable data protection legislation, the Bank is the data controller in respect of the information that we collect or obtain about you. This is because the Bank is the person who (either acting alone or jointly with others) determines why and how your personal information is processed.

Contact us

Our Customer Care Team is responsible for overseeing questions in relation to this Notice. If you have any questions about it, including any requests to exercise your legal rights, please contact our Customer Care Team at [email protected].

You have the right to make a complaint in relation to data protection issues at any time to the Office of the Information in Jersey. We would, however, appreciate the chance to deal with your concerns before you approach them so please contact us in the first instance.

Changes to this Notice and your duty to inform us of changes

This Notice is effective from 25 May 2018. 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.

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).

Your personal information will be collected or obtained by us whether we deal with you as an individual or on behalf of an individual, business, charity, trust or other organisation that you represent. Broadly, personal information (or 'personal data') is any information that can identify you as an individual. We process many different types of personal information (for example, your name, address and date of birth). We may process personal data relating to criminal convictions and offences if we have your consent to do so or for fraud prevention purposes.

If you have made an application on behalf of another individual, a joint application with another individual, or an application on behalf of a business, charity, trust or other organisation and have provided us with information in relation to its directors, shareholders, owners, trustees or beneficiaries (as applicable), or if you have provided us with personal information in relation to any guarantor, provider of security, donor or lender of any deposit monies or any occupier of any security property, then this Notice will also apply to the information that we collect or obtain about those individuals. You must provide a copy of this Notice to those individuals as soon as possible and obtain their confirmation that they have read and understood it.

We will collect, use, store and transfer different kinds of personal data about you, which may include:

Identifying information: i.e. information used to identify a specific individual, such as: name; date of birth; place of birth; nationality; country of residence; country of tax domicile; passport number and place of issue; residency permit details; tax identification details.
Contact information: e.g. postal address, telephone number, email address.
Family information: e.g. marital status.
Financial information: e.g. source of wealth, personal assets, bank account numbers, spending and income details.
Professional information: e.g. employer, business interests, career history.
Website technical data:e.g. your internet protocol (IP) address, website login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our website.
Website profile and usage data:e.g. your interests, preferences, feedback and survey responses, and information about how you use our website.
In certain circumstances, we will also collect, use, store and transfer Special Categories of data about you when you have given us your explicit consent to do so, including: information concerning your racial or ethnic origin; information concerning your religious beliefs; data concerning your health; data relating to criminal records or alleged criminal activity (e.g. in relation to criminal proceedings or as part of our client due diligence). Note that, if you provide us with documents that contain, or otherwise volunteer to us, data that constitutes a Special Category of data, then you will be regarded as giving your explicit consent to us processing that data as described in this Notice. We will always seek to confirm with you that this is the case. If you do not consent to us processing Special Categories of personal information about you, then that may limit what we are able to do for you. Note that we process this information so that we can treat you fairly and according to your needs.

Website

Our website uses 'cookies', which enable us to collect website technical, profile and/or usage data. Cookies are text files containing small amounts of information which are downloaded to your device when you visit it. They are then sent back to our website on each subsequent visit, or to another website that recognises that cookie. They are useful because: they allow our website to recognise the devices you use to access our site; they allow you to navigate between web pages efficiently; and they enable us to generally improve your experience of our website. You can find more information about cookies at: http://www.allaboutcookies.org and http://www.youronlinechoices.eu. You may set up your web browser to disallow cookies. If you do delete all your cookies, some features of our websites will not work and your experience when using our website may be affected.

In addition to technical, profile and usage data, when you use our website we also collect, use and share aggregated data - such as statistical or demographic data. Aggregated data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your usage data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Notice.

If you fail to provide personal data

Where we need to collect personal data due to the requirements of applicable law or professional standards and you fail to provide that data when requested, we may have to decline a request for services or, if we are already acting, stop providing you with our services. We will notify you if this is the case at the time.

We may collect your personal information directly from you in a number of ways, including:

• when you apply for any product on our website (https://www.adcb.com/en/personal/accounts/offshore.aspx), through a postal application or direct with one of our employees;
• when you provide it on-line or by any other method of communication, for example, on "contact us" forms, or when you provide it through the course of our relationship, for example, if you inform us of a change in your circumstances; and
• technical information, including the Internet Protocol (IP) address used to connect to the internet, may be collected from you when you visit our website.

We may obtain your personal information indirectly from third parties in the following ways:

• following an introduction to us by another third party, such as an accountancy firm, law firm or management consultancy;
• if another person provides your information to us when they apply to obtain a product from us:
   - on your behalf; or
   - that is to be held jointly with you; or
   - on behalf of a business, charity, trust or other organisation of which you are a director, shareholder, owner, trustee or beneficiary (as applicable); or
   - they have nominated you as a guarantor under our agreement with them, or to provide any other security, or informed us that you are a donor or lender of any deposit monies or occupier of any security property;
• when we carry out searches for the purposes of processing your application and/or during the course of your relationship with us; or
• in response to our Marketing activities, you request information about our products via a third party (e.g. websites and social media platforms).

If you are applying to us through a third party then they should have provided you with their own privacy notice in order to tell you (whether online or in person) how they may process your personal information.

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 need to comply with a legal or regulatory obligation.
• 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 it is necessary for the purposes of legal proceedings. 

Please refer to the table below 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 in relation to sending direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by using the 'unsubscribe' or 'preferences' option in the email or text message or by contacting the Customer Care Team at [email protected] .

Purposes for which we will use your personal data

We have set out below, in a table format, a description of 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 the Customer Care Team at [email protected] 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.

Marketing from us

You will receive marketing communications from us if you have requested information from us or used our services or if you provided us with your details (e.g. a business card) in a marketing context and, in each case, you have not opted out of receiving that marketing.

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 the Customer Care Team at [email protected] 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 the Customer Care Team at [email protected].

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.

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.

• Internal Third Parties as further described in the Glossary in Section 10 below.
• External Third Parties as further described in the Glossary in Section 10 below.
• 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.

Your personal data will be shared with Internal Third Parties. In some circumstances, this will involve us transferring your data outside Jersey and the European Economic Area ("EEA"). For example, your information is shared with ITMAM Services LLC, a wholly owned subsidiary of the Bank registered in the U.A.E., which carries out the Bank’s back office operations.

Many of our External Third Parties are based outside Jersey and the EEA. Their processing of your personal data may also involve a transfer of data outside Jersey and the EEA.

The European Commission has made adequacy decisions in respect of Jersey, ruling that it provides adequate protections for personal information under applicable laws. When we transfer your personal information to any other territories or countries outside the EEA we will take such steps as are necessary to ensure appropriate safeguards apply to maintain the same levels of protection as are needed under Jersey data protection laws. If we do so you may contact us to obtain a copy of the applicable safeguards.

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.

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.

In some circumstances you can ask us to delete your data: see Request Erasure below for further information.

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please read the sections 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 the Customer Care Team at [email protected].

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 4 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

• Anyone acting on your behalf with authority to do so, such as a debt charity, power of attorney or your professional advisors.
• Legal and regulatory bodies, such as the JFSC, the States of Jersey Taxes Office, the Office of Information Commissioner in Jersey, the Channel Islands Financial Ombudsman, fraud prevention agencies, our professional advisors and/or the courts when it is necessary for our legitimate interests (e.g. to obtain legal advice or for fraud prevention purposes) and/or when we have a legal obligation to do so.
• Organisations that provide us with business support services. For example, account service and administration companies, back-up and server hosting, IT software and maintenance and platforms, document storage and management services. This processing is undertaken as it is necessary for the performance of our agreement with you and is necessary for our legitimate interests (i.e. for our commercial operations).
• Third parties who have introduced you to us (e.g. an intermediary or broker) in order for them to manage their records about you, to ensure that the type of business that they refer to us is appropriate and to help us to resolve any complaint made by you and/or any dispute between you and us. This type of processing is necessary for our legitimate business interests (e.g. to help us to ensure that the intermediary or broker is fulfilling the terms of their contract with us) and in order for us to fulfil our legal obligations (e.g. our complaint-handling obligations).
• Market research organisations who we engage to assist us in developing and improving our products and services. This type of processing is necessary for our legitimate interests (e.g. for our commercial operations).
• Any person or entity that is to provide, or has provided, any security of guarantee (and their professional advisors) in respect of your agreement with us and their professional advisors.  This type of processing is necessary for the fulfilment of our contract with you (e.g. to enable us to recover any sums we have advanced under our agreement with you).
• Any entity (and their professional advisors) that provides funding to us or members of the Bank's group, any entity that provides us with debt or equity finance and any potential purchasers of any part of our business.  This type of processing is necessary for our legitimate interests (e.g. to enable us to fund our business).

Internal third parties

Other companies within the Bank's group for the purposes of enabling Abu Dhabi Commercial Bank PJSC, Sheikh Zayed Street, Plot C-33, Sector E-11, P.O. Box 939, Abu Dhabi, U.A.E. to exercise oversight of our business.  This processing is necessary for our legitimate interests (e.g. to enable our parent entities to manage us effectively) and may also be necessary to enable us to fulfil our legal obligations (e.g. to enable us to comply with our corporate governance requirements).  We may also share your personal information with Abu Dhabi Commercial Bank companies so that they can provide you with relevant products and services.  This type of processing is necessary to enable us to take steps at your request prior to you entering into a contract with a company within the Bank's group.  

Lawful bases

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.

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.

Legal proceedings means processing your personal data where the processing is necessary for the purpose of, or in connection with, any legal proceedings or is necessary for the purpose of obtaining legal advice or is otherwise necessary for the purposes of establishing, exercising or defending legal rights.

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service and the best and most secure experience. 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.

Special category 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 products or services to you. We will advise you if this is the case at the time you withdraw your consent.