Privacy Notice

About this notice

Comtech Solutions Limited (referred to here as “YDS”, “CS”, “we” or “our”) is the Data Controller, which means we are responsible for deciding how we hold and use personal information. We are registered with the Jersey Office of the Information Commissioner (JOIC) — Registration Number 67708.

Clients who use the features of either YDS or CS remain the Data Controller for their visitors’ data; YDS or CS act as the Data Processor.

We comply with data protection law, the principles of which require personal information to be:

• Used lawfully, fairly and in a transparent way.
• Collected only for valid purposes that we have clearly explained to you and not used in any way incompatible with those purposes.
• Relevant to the purposes we have told you about and limited only to those purposes.
• Accurate and kept up to date.
• Kept only as long as necessary for the purposes we collected it.
• Kept securely.

YDS and CS are accountable to you and to the Authorities to demonstrate compliance with the DPJL.

The Data Protection Officer (DPO)

We have appointed a DPO to oversee compliance with this Privacy Notice. If you have any questions about this notice or how we handle your personal information, contact the DPO at DPO@comtech-solutions.co.uk.

You also have the right to make a complaint at any time to the JOIC. Contact details are at the bottom of this notice.

The kind of information we hold about you

We collect personal information about you when you contact us, engage us to provide a service, or provide us with your data for another specific purpose.

What we collect (as Data Controller)

• Contact form details (name, email and message)
• Contact name and email address (YDS)
• IP address
• Account details (YDS)
• Data protection lead (YDS)

When you use CookieScan (as Data Processor)

• IP address
• Users’ IP addresses
• Users’ consent logs (current for 6 months)
• Data protection contact email address
• Users’ consent logs (archived for the previous 6-month period)

When you use YourDataSafe (as Data Processor)

• Company contact details
• Data protection outsourced contact details
• Data subjects’ details involved in any data incident or breach
• Third-party data on saved attachments
• Data protection lead contact details
• Data subject details making a data rights request
• Contact form data (name, email address and message)
• Users’ names and email addresses

What Special Category data do we collect about you?

CS does not collect Special Category data from clients.

YDS will only be used to process Special Category data if the Data Controller who owns the account places Special Category data onto the system. It is for that Data Controller to establish the correct legal basis and have this appropriately outlined in their privacy notice.

How we will use information about you

We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:

• Contract — you have entered into a contract with us to provide a service; an example is when you have started an annual subscription for CookieScan or YourDataSafe.
• Legal obligation — we need to comply with a legal obligation; an example is responding to a request from the Information Commissioner to prove or disprove that consent was given for cookies to be loaded onto a user’s device.
• Legitimate interests — where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override them. An example is when we contact you to inform you of a new offer or service we believe you would be interested in.

We may also use your personal information in the following situation, which is likely to be rare:

• Consent — where you have given your consent for us to contact you for a specific purpose, such as to receive marketing material about YDS or CS services.

Change of purpose

We will only use your personal information for the purposes we collected it for, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.

If we need to use your personal information for an unrelated purpose, we will notify you and explain the legal basis that allows us to do so.

Data sharing

We do not pass on information gained from your engagement with us without a clear legal basis for doing so. However, we may disclose your personal information to meet legal obligations, regulations, or valid governmental requests.

We use certain third parties — also known as Processors — to provide or support our services. We have appropriate agreements in place with those processors to ensure the safety of your information. We do not share your information with any processors for the purposes of direct marketing.

The current data processors used by YDS and CS are:

Processors are other organisations or services carefully chosen by YDS and CS to process your information correctly and securely. In the case of organisations outside Jersey, the United Kingdom and the European Economic Area (EEA):

• We have prior written instructions for the transfer; or
• We have entered into specific contractual terms with them to ensure they treat your personal data in a way equivalent to that required if they were established in Jersey.

We use Office 365 to process and store our data. We have selected EEA storage locations for our data, so London, United Kingdom is our preferred data storage location with O365.

We ensure your privacy rights are respected in line with this notice and the same protection is given to your personal data as laid down by the DPJL.

Data security

We have put in place appropriate security measures to prevent your personal information from being accidentally lost, altered or disclosed, or accessed in an unauthorised way. We limit access to your personal information to those staff, agents, contractors and other third parties on a need-to-know basis.

They will only process your personal information on our strict instructions, and they are subject to a duty of confidentiality.

Details of these measures may be obtained from our DPO. We have put in place procedures to deal with any suspected data security breach and notify you and any applicable regulator of a suspected breach where we are legally required to do so.

Data retention

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including to satisfy 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 data, the purposes for which we process your data, whether we can achieve those purposes through other means, and the applicable legal requirements.

You can request our Data Retention Schedule from our DPO if required. In some circumstances, we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you.

Rights of access, correction, erasure and restriction

The personal information we hold about you must be accurate and current. Please keep us informed if your information changes during your relationship with us.

Under certain circumstances, by law you have the right to:

• Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
• Request correction of the personal information we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected.
• Request erasure of your personal information. This enables you to ask us to delete or remove personal data where there is no good reason for us to continue to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
• Object to processing your personal information where we rely on a legitimate interest (or those of a third party) and there is something about your particular situation that makes you want to object to processing on this ground. You also have the right to object to processing your personal information for direct marketing purposes.
• Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
• Request the transfer of your personal information to another party.

If you want to review, verify, correct or request the erasure of your personal information, object to the processing or request that we transfer a copy of your personal information to another party, contact our DPO at DPO@comtech-solutions.co.uk.

You will not have to pay a fee to access your personal information (or exercise any other rights). However, we may charge a reasonable fee if your access request is unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.

How to request your information

You can use the Data Subject Access Request form, available on our cookie banner. If you have any questions about this process or any of your rights, contact our DPO at DPO@comtech-solutions.co.uk.

You can also email in your request, or make your request over the telephone verbally to one of our team — whichever way you feel more comfortable with.

We will need to request specific information from you to help us confirm your identity and ensure your right to access the information (or exercise any of your other rights).

We will respond to your request without undue delay, but certainly within four weeks after satisfactory verification of your identity. In some circumstances we can apply an eight-week extension to this time frame if the request is complex in nature and cannot be answered in the four-week time frame. If this happens, we will inform you as soon as possible.

Right to withdraw consent

In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time.

To withdraw your consent, contact our DPO at DPO@comtech-solutions.co.uk.

Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.

Changes to this Privacy Notice

We reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial updates.

We may also notify you in other ways from time to time about the processing of your personal information or request you to confirm the accuracy of the information we hold on you.

Complaints & contact

We want the chance to resolve any complaints you have about how we process your information. You also have the right to complain to the JOIC about how we have used your data.

Comtech Solutions Limited
George House, Clare Street, St Helier, Jersey, JE2 3XE, UK
Telephone: +44 (0) 1534 761248
Email: DPO@comtech-solutions.co.uk

Jersey Office of the Information Commissioner
2nd Floor, 5 Castle Street, St Helier, Jersey JE2 3BT
Telephone: +44 (0) 1534 716530
Email: enquiries@jerseyoic.org