Privacy policy

Welcome to the Alderney Housing Association’s privacy notice & fair processing notice

Privacy notice

We take privacy seriously

This privacy notice tells you what to expect when the Alderney Housing Association (AHA) collects your personal data and is referred to in our Data Protection Policy

We respect your privacy and are committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data, tell you about your privacy rights and how the Data Protection (Bailiwick of Guernsey) Law, 2017 (the Law) protects you.

This privacy notice applies regardless of how you provide personal data to the Alderney Housing Association, including the following circumstances:

• When you apply for housing provided by the AHA
• If you are a resident of a AHA property
• If you are a partial owner of a AHA property
• When you purchase or request services to be provided by us or our contractors
• When you use our website
• When you provide your contact details to receive communications for us.

1. Important information and who we are

1.1 Purpose of this privacy notice

This privacy notice aims to give you information on how Alderney Housing Association collects and processes your personal data obtained by any method, including data you may provide to us through our website, when you make an enquiry, apply for a tenancy, participate in a partial ownership scheme with us, or request to use or be supplied with any of our services.

It is important that you read this privacy 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.

1.2 Third-party links on our website

Our website may include links to third-party websites, plug-ins and applications. If you click on those links or enabling connections this may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. We encourage you to read the privacy notice of each website you visit.

1.3 Housing Applications

All applications for social housing in Alderney are submitted directly to the Alderney Housing Association who is responsible for controlling the Data we hold about you.

1.4 Controller

The Alderney Housing Association is the data controller and responsible for the personal data that we hold about you.

We have an appointed Data Protection Officer (DPO) who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the DPO using the details set out below.

1.5 Contact details

Full name of the legal entity

Alderney Housing Association Limited is a limited  company registered in Alderney.

(Registered number 1789)

Channel Island Data Protection notification number:  60786

Name of Data Protection Officer:  John Dunford, Chief Financial Officer (GHA & AHA)

Email address:  aha[email protected]

You have the right to make a complaint at any time to the Office of the Data Protection Commissioner, the Channel Islands supervisory authority for data protection issues (dataci.org). We would, however, appreciate the opportunity to deal with your concerns before you approach the Office of the Data Protection Commissioner in Alderney so please contact us in the first instance.

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

2. The data we collect about you

2.1 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).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

• Identity data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
• Contact data includes home address, email address, and telephone numbers necessary for us to enter into a contract for services with you.
• Financial data includes bank account, payment cards details, sources of income and credit history where we take payment from you for our services.
• Transaction data includes details about payments to and from you and us, for example the amount and timing of rent made by you to us.

2.2 Special categories of personal data

We may collect social categories of personal data which includes information about your health, social and cultural circumstances where that is necessary for us to provide our services to you.

Examples of where we might collect and use such data are where we provide you with accommodation or services adapted to your needs, or services to support you in maintaining your tenancy.

We may also collect information about criminal convictions and offences where that is relevant to your use of our services or housing provided by us.

2.3 If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you such as providing you with housing. In this case, we may have to cancel your application for housing but we will notify you if this is the case at the time.

3. How do we collect your personal data

We use different methods to collect data from and about you including through:

Direct interactions. You may give us your identity, contact and financial data by filling in forms or by corresponding with us by post, email or otherwise. This includes personal data you provide when you apply for housing, pay rent or complete satisfaction questionnaires.

Automated technologies or interactions. As you interact with our website, we may automatically collect technical data about you. We collect this personal data by using cookies, server logs and other similar technologies.

Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:

• States of Alderney
• The Police
• Income Tax office
• Social Security

4. How we use your personal data

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 perform a contract we are about to enter into or have entered into with you. A tenancy agreement is a contract.
• 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 we need to comply with a legal or regulatory obligation and appropriate safeguards are in place to protect your fundamental rights.
• Where it is necessary for the establishment, exercise or defence of legal claims.

5. Purposes for which we will use your personal data

We have set out below, in tabular format, a description of the ways we 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 us 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

We do not share your personal data with any third party for marketing 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 it is compatible with the original purpose.

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.

6. Disclosures of your personal data

We may have to share your personal data with the parties set out below:

• Service providers acting as processors who provide IT and system administration services, operational support services, payment or debt collection services
• Contractors and service providers who carry out repairs, maintenance, cleaning or other works at our properties.
• Professional advisors such as processors or joint controllers including Advocates, lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
• The Income Tax office and Social Security.
• The States of Alderney where we are legally obliged to provide them with your personal information
• The Police where that is necessary to protect the safety of our residents, staff and third parties and to prevent damage to property.

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 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.

International transfers

We do not transfer your personal data outside of the European Economic Area (EEA).             

7. Data security

The AHA has 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 limited 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.

The AHA adopts strong information security standards and has independent specialist companies assess this including penetration testing.

Procedures are in place to deal with any suspected personal security breach and we will notify you and the Office of the Data Protection Commissioner where we are legally required to do so.

8. Data retention

How long will you use my personal data for?

We will only retain your personal data for as long as necessary to fulfil the purpose we collected it for including 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.

By law we have to keep basic information about our tenants for six years after they cease being tenants.

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

9. Your legal rights

Under certain circumstances, you have the following rights under the Law in relation to your personal data:

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 the AHA holds 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 the AHA 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 inadvertently processed your information unlawfully or where we are required to erase your personal data to comply with Alderney law.

Object to processing of your personal data where we are relying on a legitimate interest 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.

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 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 this 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. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us either via email or by post at the contact details provided above.

You will not have to pay a fee to access your personal data or to exercise any other rights. However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive.

10. 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.

11. Time limit to respond

We will try to respond to all legitimate requests within one month. Occasionally it may take longer 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.

12. Changes to the AHA Privacy Notice

We review our Privacy Notice regularly and will place updates on our website and in relevant communications.

The AHA's privacy policy can be downloaded here.

Fair Processing Notice

The Alderney Housing Association (AHA) was set up in August 2010 and is a limited company which provides social housing to meet the needs of local Alderney people. 

The Alderney Housing Association processes your personal data for the safe and effective delivery of the housing services it provides.

The controller of your personal data, as defined by the Data Protection (Bailiwick of Guernsey) Law, 2017 (the Law) is the AHA and the controller is registered with the Office of the Data Protection Commissioner (https://dataci.org) ) The AHA registered number is 60786.

1. The Data Protection Law

The controller acknowledges its obligations as per the Law, which provides a number of requirements in terms of processing activities involving personal data. The controller further acknowledges the general principles of processing as well as the rights of a data subject and more information in relation to these provisions are provided within this fair processing notice.

2. The Principles of processing

a. Lawfulness, fairness and transparency

Personal data must be processed lawfully, fairly and in a transparent manner.

In order to implement our aim to provide social housing to meet the needs of local Alderney people we collect the following personal data:

• Title
• First name(s)
• Last name
• Previous names (including maiden names)
• Date of birth
• Home address
• Telephone contact numbers – work, home and mobile
• Contact email addresses
• Bank account details
• Occupation
• Salary and other income
• Employers details
• Social Security number
• Criminal record
• Health information

We process data in a lawful manner in accordance with the Law and in particular, Schedules 2 part I and II.

Personal data is collected in most instances directly from you, known as the data subject. Where data is obtained indirectly, you will be made aware at the point of data collection who we may contact to confirm or verify data you have provided, or to provide us with additional information so that we can deliver the service you are seeking. Information is only shared if we have lawful basis for doing so and in order to meet the purpose for which the information was collected.

b. Purpose limitation

Personal data must not be collected except for a specific, explicit and legitimate purpose and, once collected, must not be further processed in a manner incompatible with the purpose for which it was collected.

The controller acknowledges its responsibility with regards to this data protection principle and therefore the controller maintains that it will not further process that personal data in a way which is incompatible to its original reason for processing as specified in section 2a, unless the controller is required to do so by law. The personal data will not be transferred to a recipient in an authorised or an unauthorised jurisdiction (as per the definition within data protection law).

c. Minimisation

Personal data processed must be adequate, relevant and limited to what is necessary in relation to the purpose for which it is processed.

The controller maintains that it will only process the personal data which is detailed in section 2a, and will not process any further personal data that is not necessary in relation to the original reason for processing personal data as specified in section 2a, unless the controller is required to do so by law.

d. Accuracy

Personal data processed must be accurate, kept up-to-date (where applicable) and reasonable steps must be taken to ensure that personal data that is inaccurate is erased or corrected without delay.

The controller will ensure that all personal data that it holds is accurate and kept up-to-date, and any personal data that is inaccurate will be erased or corrected without delay.

e. Storage limitation

Personal data must not be kept in a form that permits identification of a data subject for any longer than is necessary for the purpose for which it is processed.

Personal data will be retained in accordance with the AHA data retention policy.

f. Integrity and confidentiality

Personal data must be processed in a manner that ensures its appropriate security, including protecting it against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.

Personal data is held in hard copy and electronic format.

Information Access -  access to electronic or paper records is tightly controlled. Protocols are followed to ensure that AHA employees only have access to areas and documents as required to undertake their role. Access is monitored and effectively managed.

Information Security -  The AHA adopts strong information security standards and has independent specialist companies assess this including penetration testing.

g. Accountability

The controller is responsible for, and must be able to demonstrate, compliance with the data protection principles.

The contact details of the controller are as follows:

Alderney Housing Association Limited

Tel: 01481 824870

Email: [email protected]

The contact details for the Data Protection Officer Alderney Housing Association are:

John Dunford, Chief Financial Officer and Data Protection Officer

Tel: 01481 245530

Email: [email protected]

3. Data subject rights

a. Right of access

A data subject has the right to be advised as to whether a controller is processing personal data relating to them and, if so, that individual is entitled to one free copy of their personal data (with further copies available at a fee prescribed by the controller). This is known as a Subject Access Request (SAR). Upon receipt of an SAR, the controller has a period of one month to adhere to the request (an extension of two further months can be sought by the controller depending upon the complexity and number of requests submitted by the data subject).

b. Right to data portability

A data subject has the right to data portability, this means that an individual is able to arrange for the transfer of their personal data from one controller to another without hindrance from the first controller. This right can only be utilized where the processing is based on consent or for the performance of a contract. This right cannot be used for processing by a public authority.

Where a data subject invokes the right to data portability, the data subject has the right to be given their personal data in a structure, commonly used and machine-readable format suitable for transmission from one controller to another. Upon the request of a data subject, the controller must transmit their personal data directly to another controller unless it is technically unfeasible to do so.

c. Exception to right of portability or access involving disclosure of another individual’s personal data  

A controller is not obliged to comply with a data subject’s request under the right of access or right to data portability where the controller cannot comply with the request without disclosing information relative to another individual who is identified or identifiable from that information.

d. Right to object to processing

A data subject has the right to object to a controller’s activities relating to the processing of personal data for direct marketing purposes, on grounds of public interest and for historical or scientific purposes.

e. Right to rectification

A data subject has the right to require a controller to complete any incomplete personal data and to rectify or change any inaccurate personal data.

f. Right to erasure

A data subject has the right to submit a written request to a controller regarding the erasure of the data subject’s personal data in certain circumstances. These include where:

• The personal data is no longer required in relation to its original purpose for collection by the controller;
• The lawfulness of processing is based on consent and the data subject has withdrawn their consent;
• The data subject objects to the processing and the controller is required to cease the processing activity;
• The personal data has been unlawfully processed; or
• The personal data must be erased in order to comply with any duty imposed by law;

g. Right to restriction of processing

A data subject has the right to request, in writing, the restriction of processing activities which relate to the data subject’s personal data. This right can be exercised where:

• The accuracy or completeness of the personal data is disputed by the data subject who wishes to obtain restriction of processing for a period in order for the controller to verify the accuracy or completeness;
• The processing is unlawful but the data subject wishes to obtain restriction of processing as opposed to erasure;
• The controller no longer requires the personal data, however the data subject requires the personal data in connection with any legal proceedings; or
• The data subject has objected to processing but the controller has not ceased processing operations pending determination as to whether public interest outweighs the significant interests of the data subject.

h. Right to be notified of rectification, erasure and restrictions

Where any rectification, erasure or restriction of personal data has been carried out, the data subject has a right to ensure that the controller notifies any other person to which the personal data has been disclosed about the rectification, erasure or restriction of processing. The controller must also notify the data subject of the identity and contact details of the other person if the data subject requests this information.

i. Right not to be subject to decisions based on automated processing

A data subject has the right not to be subjected to automated decision making without human intervention.

To exercise these data subject rights, please contact either the data protection officer or the controller (as per the contact details provided in 2g).

j. Right to make a complaint

An individual may make a complaint in writing to the supervisory authority (the Office of the Data Protection Commissioner) if the individual considers that a controller or processor has breached, or is likely to breach, an operative provision of the data protection law, and the breach involves affects or is likely to affect any personal data relating to the individual or any data subject right of the individual (as listed above).

k. Complainant may appeal failure to investigate or progress and may appeal determinations

An individual may appeal to the Court where:

• The Supervisory Authority has failed to give the complainant written notice that the complaint is being investigated or not within two months of receiving the complaint;
• The Supervisory Authority has failed to provide written notice of the progress and, where applicable, the outcome of the investigation at least once within three months of providing notice of the beginning of an investigation; or
• Where the individual seeks to appeal against a determination of the Supervisory Authority.