ABN AMRO (Channel Islands) Limited Privacy notice for natural persons

ABN AMRO (Channel Islands) Limited (the Bank) is committed to protecting the privacy and security of your personal information. 

The Data Protection (Bailiwick of Guernsey) Law, 2017 (the Law) imposes a number of obligations on the Bank in relation to your personal information. This privacy notice is one of the steps which the Law requires the Bank to take. It describes how we collect and use personal information about you during and after your relationship with us, in accordance with the Law. It covers all of our products and services, including our websites and mobile applications.

What is the purpose of this document?

The Law defines the Bank as a data controller. What this means is that the Bank is responsible for deciding how we hold and use personal information about you and later in this notice we explain what counts as 'personal information'. The purpose of this notice is to give you details of the personal information that the Bank gets and uses and why it does so, and to inform you of your rights in relation to that information.

Who does this notice apply to?

This notice applies to current and former customers of the Bank e.g. dependants, next of kin, advisers, intermediaries. 

Please note that this notice does not form part of any contract with you. We may update this notice at any time. If we do so, we will provide you with an updated copy of this notice as soon as reasonably practical. 

It is important that you read this notice carefully and any other privacy notice that we may provide to you from time to time when we are collecting or processing personal information about you for a particular reason. This will enable you to be aware of how and why we are using such information and what your rights are under the Law.

Data Protection Principles

The Bank is required to comply with the Law. This says that the personal information we hold about you must be: 

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

What is personal information?

Personal information, also called personal data, means any information about a living individual from which that person can be identified. This could be a single piece of information which identifies the person or several pieces of information which together enable the person to be identified. As such, it does not include data where anonymous data from which an individual's identity has been removed. 

There are special categories of more sensitive personal data which require a higher level of protection. These special categories include information about a person’s health or sexual orientation and criminal record.

What kind of personal information do we hold about you?

We will collect, store, and use the following categories of personal information about you:
  • Personal contact details such as your name, title, addresses, telephone numbers, and personal email addresses.
  • Your date of birth.
  • Your gender.
  • Your marital status and dependants.
  • Your next of kin.
  • Your financial circumstances and tax status and any reference numbers or codes used in connection with your tax or social or national insurance details.
  • Your employment status, including details of your earnings/remuneration. • Copies of your passport, driving licence, utility bills or other documents confirming your identity and address.
  • Copies of information confirming sources of funds held by you.
  • Results of any status check required to be undertaken for regulatory reasons.

We may also collect, store and use the following special categories of more sensitive personal information: 

  • Information about your health and wellbeing.
  • Information about criminal convictions and offences.

Who do we collect your personal information from?

In addition to the information you provide to us, we also collect personal information about you from other sources, including: 

  • Public sources that contain personal information about you such as newspapers, the internet and social media, to the extent that this information is not protected by privacy settings.
  • External companies such as credit reference agencies or other background check agencies, e.g. World Check.
  • Public registers that contain personal information about you such as records of land ownership or the electoral roll.

How we will use information about you

We will only use your personal information where this is permitted by the Law. The Law identifies a number of uses which are permitted. The most common grounds on which we use your personal information are: 

  1. Where we need to perform the agreement that we have entered into with you, for example when you apply to open a bank account with us or take out a mortgage and we need to understand your financial circumstances before we can open the account or transfer money to you. This information may also be required to comply with a legal obligation (see paragraph 2 below). 
  2. Where we need to comply with a legal obligation imposed under the laws and regulatory requirements which apply to the Bank, for example the legal regime which requires us to take steps to prevent fraud, tax evasion terrorist financing and money laundering. This includes our obligation to confirm or verify your identity, which is why we ask you for documents to provide who you are. 
  3. Where it is necessary for our legitimate interests. For this to apply, our interest in using your personal information must outweigh your privacy interests and rights. In simple terms, this ground applies where the Bank has a justifiable interest in using your data. Examples of where the Bank relies on this ground under the Law include our legitimate interest in:
  • Protecting the Bank's property and data.
  • Ensuring the safety of the Bank and its employees.
  • Improving the Bank's services to customers and employees.
  • Protecting the Bank's financial interests in relation to the arrangements in place with any or all of its customers.
  • Keeping efficient records and accounts.
  • Assessing the Bank's business policies, processes and strategies to ensure that these meet the Bank's strategic objectives and needs.
  • Where the Bank is involved in legal proceedings.
  • Where another person may have a legitimate interest in being provided with your personal information, such as where someone has transferred money into your account in error and needs to contact you to rectify the situation.
  • We may also use your personal information where it is needed in the public interest or for an official or regulatory purpose.

Please note that these grounds may enable us to share some of your personal information with other entities in the ABN AMRO Group. Where we do so, we ensure that appropriate safeguards are in place to ensure that your personal information is handled to the same standards. 

Where none of these grounds exist, the Bank would only be permitted to use your personal information if you give us your consent (see below).

Do we need your consent?

As noted above, the Bank can use your personal information where any of the grounds listed above apply and in those cases we will not ask for or need your consent to us using your information. 

In limited circumstances, however, the Bank may ask you for your consent for us to use your personal information or to allow us to process certain sensitive data. If we do so, we will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent.
Cases in which we will ask for your consent:

  1. If a third party requests access to your payment details, for example to make use of financial or banking applications or to enable us to deal with payments made in error.
  2. If a third party requests to make a payment for you, for instance when you make an online purchase, to check that the payment is one you are expecting.
  3. If we want to send you marketing information from the Bank or any of its associated entities.
  4. If we make use of cookies and similar technologies on our website or any applications we use.

You should be aware that it is not a condition of your contract with us that you agree to any request for consent from us. However, in some instances withdrawing your consent may have an impact on the services which we are then able to offer to you. 

If you have given consent to the use of personal information, you can withdraw it at any time. Should you wish to withdraw your consent, please contact your Relationship Manager in writing. Please note that your withdrawal of consent will only cover personal information which was obtained because you gave your consent to that information being used. Where the Bank relies on one of the other grounds for using personal information which is listed above, the Bank will still be able to use that information regardless of your withdrawal of consent.

Situations in which we will use your personal information

The Bank uses the personal information set out in the list under the heading 'What kind of personal information do we hold about you?' 

The primary reason for the Bank using that information is to allow us to perform our contract with you and to enable us to comply with legal obligations under various laws which apply to the Bank, such as in relation to banking and regulatory matters. In some cases we may use your personal information to pursue our legitimate interests or those of third parties provided your interests and fundamental rights do not override those interests. 

The situations in which we will process your personal information are listed below, as well as the purpose or purposes for which we are processing or will process your personal information.

  • Making a decision about whether or not to enter into an agreement with you for the provision of financial services.
  • Determining the terms on which we will provide you with financial services.
  • Checking you are not sanctioned or that there is no other reason from a regulatory or reputational perspective why we should not offer you financial services.
  • Making payments to you and ensuring appropriate tax and/or other governmental payments are paid.
  • Administering the contract we have entered into with you.
  • Business management and planning, including accounting and auditing.
  • Gathering evidence for possible legal, regulatory or other investigatory hearings.
  • Making decisions about your continued relationship with the Bank and/or its terms.
  • Making arrangements for the termination of our banking relationship.
  • Dealing with legal disputes involving you, or other customers and contractors, including regulatory investigations.
  • Complying with our obligations to prevent fraud, bribery and corruption, counter-terrorism and money-laundering.
  • To monitor your use of our website, applications and information and communication systems.
  • To ensure network and information security, including preventing unauthorised access to our computer and electronic communications systems, preventing malicious software distribution and assessing the performance of these systems.
As you will see, some of the above grounds for processing overlap and there may be more than one ground which justifies our use of your personal information. For completeness, you should also note that we may process your personal information without your knowledge or consent where this is required or permitted by law for example where there is a concern over 'tipping-off' offences in relation to suspected wrongdoing.

What happens if you fail to provide personal information?

If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you (such as lending money to you), or we may be prevented from complying with our legal obligations (such as to ensure compliance with regulatory requirements). We will notify you if this is likely to be the case.

Change of purpose

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

How we use particularly sensitive personal information

Special categories of particularly sensitive personal information require higher levels of protection. For special categories of personal information we therefore need to have a further justification for collecting, storing and using this type of personal information. We may process special categories of personal information in the following circumstances:

  1. In limited circumstances, where you give your explicit written consent.
  2. Where we need to carry out our legal obligations or exercise our rights in connection with our relationship with you.
  3. Where it is needed in the public interest.

Less commonly, we may process this type of information where it is needed in relation to deal with legal claims or where it is needed to protect your interests (or someone else’s interests) and you are not capable of giving your consent or where you have already made the information public.

Information about criminal convictions

We may only use information relating to criminal convictions where the Law allows us to do so. This will usually be where such processing is necessary to carry out our obligations and provided we do so in line with our data protection policy. 

Less commonly, we may use information relating to criminal convictions where it is necessary in relation to legal claims, where it is necessary to protect your or the Bank's interests and you are not capable of giving your consent, or where you have already made the information public. 

We envisage that we will hold information about criminal convictions pursuant to regulatory requirements on the Bank. However, we will only collect information about criminal convictions if it is appropriate given the services which you are engaging the Bank to provide and where we are legally able to do so. 

We are allowed to use your personal information in this way to carry out our obligations as prescribed for under local law and regulation.

Data security

We have put in place measures to protect the security of your information.

Third parties will only process your personal information on our instructions and where they have agreed to treat the information confidentially and to keep it secure.

We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality. 

We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.

Data sharing

We may have to share your data with third parties, including third-party service providers and other entities in the Bank's group. 

Where this applies, we require such third parties to respect the security of your data and to treat it in accordance with the Law, in the same way that we do. 

We may transfer your personal information outside the European Union. Again, if we do this, you can expect that we will require a similar degree of protection in respect of your personal information.

Why might you share my personal information with third parties?

We will share your personal information with third parties where required by the Law, where it is necessary to administer the banking relationship with you or where we have another legitimate interest in doing so.

Which third-party service providers process my personal information?

We use other people, often called 'third parties' to assist us in the operation of our business. This includes third-party service providers (including contractors and designated agents) and other entities within the Bank's group and external to the Bank. 

Information with respect to what activities are carried out by third party service providers can be provided to you by your Relationship manager upon request. 

We will also share your personal information with the States of Guernsey and associated governmental or regulatory agencies where and to the extent that we are required to do so by law.

How secure is my information with third-party service providers and other entities in our group?

All our third-party service providers and other entities in the Bank's group are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.

When might you share my personal information with other entities in the group?

We will share your personal information with other entities in our group as part of our regular reporting activities on company performance, in the context of a business reorganisation or group restructuring exercise, for system maintenance support and hosting of data.

What about other third parties?

We may share your personal information with other third parties, for example in the context of the possible sale or restructuring of the business. In this situation we will, so far as possible, share anonymised data with the other parties before the transaction completes. Once the transaction is completed, we will share your personal data with the other parties if and to the extent required under the terms of the transaction. 

We may also need to share your personal information with a regulator or to otherwise comply with our legal obligations. This may include making returns to the tax authority, disclosures to stock exchange regulators and disclosures to shareholders such as in relation to directors’ remuneration reporting requirements.

Data retention

How long will you use my information for? 

We will only retain your personal information 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 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. Once you are no longer a customer of the company we will retain and securely destroy your personal information in accordance with our data retention policy and applicable laws and regulations. 

Should you require more information with respect to applicable data retention periods, please contact your Relationship Manager.

Rights of access, correction, erasure, and restriction

Your duty to inform us of changes 

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes at any time during your working relationship with us. 

Your rights in connection with personal information 

Under certain circumstances, the Law gives you the right to:

  • Request access to your personal information (commonly known as a 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 that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
  • Request erasure of your personal information. This enables you to ask us to delete or remove personal information 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 information where you have exercised your right to object to processing (see below).
  • Object to processing of your personal information 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. You also have the right to object where we are 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, in some circumstances.

If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact our Privacy Officer in writing. For more information about your rights and how to make a request you can contact our Privacy Officer by emailing privacyofficer@gg.abnamro.com

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). Please note that we may be entitled to refuse to comply with requests in certain circumstances. 

In order to exercise these rights, we may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

Right to withdraw consent

Where we have asked you for 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, please contact your Relationship Manager. 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 and if we consider that that is the case we will notify you of that alternative basis.

Data protection officer

The Bank has appointed a data protection officer (DPO) to oversee compliance with this privacy notice. If you have any questions about this privacy notice or how we handle your personal information, please contact our Privacy Officer. You have the right to make a complaint at any time to the Data Protection Commissioner’s Office, which is the supervisory authority for data protection issues in Guernsey.

Changes to this privacy notice

We reserve the right to update this privacy notice at any time, and when we make any substantial updates we will provide you with a new privacy notice. We may also notify you in other ways from time to time about the processing of your personal information. 

If you have any questions about this privacy notice, please contact our Privacy Officer at privacyofficer@gg.abnamro.com.