Privacy Notice

Gower Financial Services Limited (“Gower”) &
The Data Protection (Bailiwick of Guernsey) Law, 2017

Introduction

Gower is dedicated to protecting the security and privacy of your Personal Data.

Under the Law Gower is required to inform Data Subjects of their statutory rights and provide them with a range of related information.

Therefore, the aim of this Privacy Notice is to ensure that all current Clients and Relevant Third Parties*, all of whom have entered into Terms of Business with Gower, have knowledge of the relevant rights and responsibilities due to, and from, Gower concerning Personal Data and the Data Subject.

 *Relevant Third Parties means any individual who has provided their Personal Data to Gower and signed Terms but is not considered a Client; for example Service Providers.

 WARNING
This Privacy Notice is only meant for those who have entered into Terms of Business with Gower.  If you have not, then either request the Public Privacy Notice from Gower’s Data Representative (See Section 14) or find it on Gower’s website:
www.gowerfinancialservices.com

Gower’s promise
Gower, in respect of your Personal Data, will adhere to the following principles when processing your Data:   

Lawfulness, Fairness and Transparency;
Purpose Limitation;
Minimisation;
Accuracy;
Storage Limitation;
Integrity and Confidentiality;
Accountability.

1. What is the purpose and legal basis for processing?
The purpose of processing your Personal Data is that it is necessary for the performance of a contract drawn between Gower and you, the Data Subject.  Also, Gower has a number of legal obligations to hold your Personal Data in order to provide you with certain services. 

2. What is the legitimate interest of Gower processing my Personal Data?
Gower’s interest in collecting and processing Personal Data is to safeguard that any services provided are suitable and appropriate and to ensure it (Gower) complies with its obligations under the relevant Laws and Regulations.

In respect of using Personal Data for the purposes of Direct Marketing please refer to Section 8.

 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 Personal Data from you and from third parties (anyone acting on your behalf, for example, existing product providers, employers, Power of attorney, Guardians, etc.).  Gower will NOT hold or accept Personal Data of an individual without first making them 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.  This and other Personal Data will either be requested via our Fact Find / Application Forms or will be specifically asked for. 

Gower will only collect such information that is needed in order to provide a suitable and appropriate service.

Personal Data records will typically comprise, but not be limited to, hard copy documents, scanned documents, financial information and email communications.

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.

6. Will Gower collect any Special Category data?
Gower will, and has an obligation to, collect and retain Special Category Data in relation to Health Data but only where necessary and usually within the context of the provision of Long Term Insurance and Private Medical Insurance.

7. Will you use my Data to market products to me?
As a Client of Gower, you will have an ongoing servicing arrangement under the Terms of Business.  Therefore, all contact will be in relation to the products you already have and services available to you in the scope of the Terms of Business.  

For other relevant parties, your Personal Data will only be used to contact you in relation to the contractual relationship.

 8. Will Gower pass on my information?
For Clients, Gower may need to disclose your Personal Data to third parties (e.g. product providers) in order to process your application and provide an ongoing service.

Gower may also be required to disclose your Personal Data to statutory authorities wherever located in the world, such as financial and other regulators, tax authorities and the police or other law enforcement agencies.

 Any disclosure will be limited to the extent as may be required for Gower to comply with applicable law, regulation, regulatory code, rule or official guidance.

 9. Will my information be transferred to an unauthorised jurisdiction?
Gower will never transfer your Personal Data to an unauthorised jurisdiction.[1]  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. 

10. How long will my information be kept?
Gower’s legal basis for handling your data is contractual; therefore your data will be kept for the duration of the contract (i.e. your relationship with Gower). 

Gower does have a regulatory duty to hold a Client’s Personal Data for a minimum of six years from the end of your relationship with Gower. 

Gower reserves the right to retain your Personal Data beyond this minimum requirement where it is deemed reasonable (unless instructed otherwise by you as the Data Subject).   

 11. 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 14)  

 12. 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 14).

 13. 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 can be subject to restrictive viewing, if required by you.     

14. Who do I contact at Gower regarding my Personal Data? 
For all matters concerning your Personal Data please contact: Mr John Doherty - john.doherty@gowerfinancial.com

Gower Financial Services Limited,
P.O. Box 131,
Suite 2, Weighbridge House,
Le Pollet, St Peter Port,
Guernsey, GY1 3HJ   
Tel: 01481 700155

15. 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 (as per the Terms of Business) or make the complaint directly to the Office of the Data Protection Commissioner:

Data Protection Office,
Guernsey Information Centre,
St Martin’s House,
Le Bordage,
St. Peter Port,
Guernsey, GY1 1BR
Tel: 01481 742074

Email: enquiries@dataci.org

16. What rights do I have under the Data Protection Law?
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 to 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 (See Section 14).

 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 in Section 12, you 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 (See Section 14) 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
As stated in Section 8, you will only be contacted in relation to the products you already have and services available to you in the scope of the Terms of Business.  Gower will not pass on your Personal Data to third parties for marketing purposes.

Please be aware that you do have the right to object to this.  However any restriction could result in a limitation of the service provided to you.

The Right to rectification
If you dispute, or have reason to believe, that the Personal Data held by Gower is no longer accurate then you have the right to request that it is updated.

Please note that depending on the nature of the information Gower may ask you to provide evidence of the change in Personal Data.

The Right to erasure
Under the Legal Basis by which Gower handles your Personal Data, your right to the erasure of your Personal Data only applies once Gower has deemed your Data to no longer be necessary for the purposes for which it was collected.

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.

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.



[1] An Unauthorised jurisdiction being somewhere outside of the Bailiwick and/or the EU.

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