Abu Dhabi Commercial Bank PJSC, operating through its Jersey Branch (the "Bank", "we", "us", "our"), respects your privacy and is committed to protecting your personal data. This privacy notice (the "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.
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.
"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.
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@example.com.
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.
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:
We may obtain your personal information indirectly from third parties in the following ways:
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:
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 firstname.lastname@example.org .
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@example.com 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.
|Stage||Purpose / activity||Lawful basis for processing|
|Application||We process your personal information in order to consider and process your application for, or enquiry regarding, our products. This is necessary in order to take steps at your request before we enter into an agreement with you and is also necessary for our legitimate interests (i.e. in deciding whether or not we can offer you the product you have applied for). This type of processing is required in order for you to enter into an agreement with us. If you do not provide it then we cannot proceed with your application. In respect of fraud searches and identity verification, this processing is necessary for our legitimate interests (i.e. fraud prevention) and compliance with our legal obligations||(i) Legal obligation
(ii) Performance of a contract
(iii) Legitimate interests
|Declined business||If your application is declined we will store your personal information in accordance with our record retention procedures and to comply with our legal obligations.||(i) Legitimate interests
(ii) Legal obligation
|Account administration||If your application is accepted we will process your personal information in order to administer your account in a number of ways. This will include, for example, providing you with account statements, notices, and other information such as changes to your interest rate; managing any arrears on your account; enforcing any security that we have in place; and dealing with any queries or complaints that you may have. This type of processing is necessary for the performance of our contract with you and in order to fulfil our legal obligations||(i) Legal obligation
(ii) Performance of a contract
|Business operations||We will also process your personal information to manage our business operations, for example, our internal governance functions, which will include monitoring communications and activities in relation to your account, and for accounting and audit purposes. We have legitimate interests in doing so (i.e. it is necessary for our business and compliance purposes) and we may also have legal obligations to fulfil.||(i) Legal obligation
(ii) Legitimate interests
|Assisting you in the exercise of your rights||If we are dealing with a request you have made in order to exercise your legal and regulatory rights, this will be done in order to fulfil our legal obligation to respond to you.||(i) Legal obligation|
|Marketing||We process your personal information for marketing purposes. This is necessary in order to fulfil our legitimate interests of providing you with information about products and services that you may be interested in.||(i) Legitimate interests|
|Analysis||We may process your personal information for the purposes of performing statistical analysis and conducting market research. This is necessary in order to fulfil our legitimate interests (i.e. to enable us to better understand our customer base and the markets in which we operate, or may wish to operate).||(i) Legitimate interests|
|Website||The personal information that we process when you are browsing our website (such as your IP address) is processed on the basis that we have legitimate interests in doing so or that you have given your consent to this by accessing and browsing the website.||(i) Legitimate interests|
|Retention||After your agreement has ended we will retain your personal data in accordance with our record retention procedures and to comply with our legal obligations.||(i) Legal obligation
(ii) Legitimate interests
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 firstname.lastname@example.org 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@example.com.
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.
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:
If you wish to exercise any of the rights set out above, please contact the Customer Care Team at firstname.lastname@example.org.
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
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.
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
Your legal rights
You have the right to: