Jersey Coastguard TRACE application

This sub-section of the privacy policy applies to the use of the Jersey Coastguard TRACE application, weblinks and associated functions within the application.

It sets out the basis of how we deal with the personal data which we collect from you, or that you provide to us and how it will be processed by us, with specific reference to the Jersey Coastguard TRACE application.

Heading

What the law says

Information

Purposes

 (c) the purposes for which the data are intended to be processed and the legal basis for the processing This section of the privacy notice related to the TRACE app Ports of Jersey issue Local Knowledge Endorsement certificates for skippers to work commercially carrying passengers within Jersey’s Territorial Waters on small commercial vessels. These licences mean that the holder is able to carry a maximum of 12 fee paying passengers and a limit on total number of persons on board, specific to the vessels concerned. Part of the legal requirements for skippers undertaking a voyage with fee paying passengers, is to submit a transit report to Jersey Coastguard with the details noted below.

What data

  • Name of vessel
  • Departure port
  • Next port
  • Destination port
  • Number of people on board (pax and crew)
  • Estimated time of arrival
  • Notification of safe arrival
  • Commercial operator’s name and contact details
  • Skipper’s name, contact details, Local Knowledge Endorsement number and Certificate of Competence information
  • Vessel name, number of persons onboard Including crew, route details and timings

The submission of these details by end users via the Jersey Coastguard TRACE Application is in lieu of passing these details over a VHF marine band radio communication channel.

What purpose

  • Account setup and administration
  • Vital interest – safety related information gathering
  • Regulatory requirement – logging passage information
  • In the interest of the general safety for other vessels and persons in distress or requiring assistance
  • In the interest of safety of navigation
  • In the interest of Jersey Coastguard gaining situational awareness during incident working
  • Statistical analysis of small commercial vessel operations and routings
  • Generic statistical analysis

Legal basis: Public Function Schedule 2 Article 4

Cookies

We use cookies on the TRACE website. Cookies are small files, which can be stored on your computer when you visit a website. These files contain information about the pages you look at so that the next time you visit your preferences and login details are recalled, these cookies are technically ‘essential’. We do not use ‘non-essential’ cookies such as profiling, advertising or tracking cookies.

Legitimate interest

 (d) an explanation of the legitimate interests pursued by the controller or by a third party, if the processing is based on those interests We are processing data on the basis of Public Function  Schedule 2 Article 4 and not Legitimate Interest Schedule 2 Article 5

Data sharing

 (e) the recipients or categories of recipients of the personal data (if any) Ports of Jersey is committed to treating personal data confidentiality and in line with the rights of data subjects as per GDPR law. Routinely, there will be no sharing of personal data with third parties for any reasons. The personal account/s will be setup and updated and data submitted by themselves. The end user’s will not be able to view other user’s data. The only exceptions to this will be:The TRACE application will have a commercial operator login. This is accessed by the commercial operator’s representative(s) who are issued with login credentials by PoJ Ltd. In this access level, the operator’s representative(s) will be able to view the personal data and passage information entered by the skipper(s) whom are currently working on their behalf.

During Search and Rescue operations, or during a potential incident where there is concern for either the passengers or crew aboard a specific vessel, Jersey Coastguard, on behalf of Ports of Jersey Ltd, may share elements of data from the TRACE application allied agencies and emergency services. This would always be under the legal basis of ‘Vital Interests’. Jersey Coastguard / Ports of Jersey have Data Sharing Agreements in place for this type of data sharing.

Data transfers

 (f) where applicable, the fact that the controller intends to transfer personal data to a third country or international organization and whether or not there is an adequate level of protection for the rights and freedoms of data subjects within the meaning of Article 66

Security of data

The TRACE application is stored on third party servers based within the European Union which are SOC 3 and ISO 27001 Certified. The infrastructure includes firewalls, load balancing and DDoS protection and all data on the servers are encrypted in transit (when data moves from the servers to your browser) and at rest (when the data is stored on the servers) using both SHA-256 and AES-256 encryption. This encrypted data is backed up using active and archive backups.

To login to TRACE, a user must enter a unique username and password. The password must adhere to a ‘password recipe’ set by POJ Ltd. All login attempts are recorded, and systems and rules are in place to identify and restrict unauthorised login attempts. Administrator access to the system by POJ Ltd employees is further secured by additional methods and all staff are required to undertake mandatory GDPR and data security awareness training.

Retention

 (g) the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period Commercial skippers Local Knowledge Endorsement licenses renew every five years, to support the renewal of the TRACE application will store passage and statistical information for a period of up to 63 months. Commercial skippers have full control of their personal information and can amend or remove any personal information, such as name and contact details, at any time themselves or by contacting us as per our Consent Statement.

POJ Ltd retain the right to reduce the period for which data is stored without notice and provide no guarantee or assurances that the data will be available. The data in TRACE should not be relied upon for compliance, legal, commercial or safety purposes.

Consent

 (i) where the processing is based on consent, the existence of the right to withdraw consent under Article 11(3)(e)

Objecting or unsubscribing

The end user will subscribe to the processing of the personal data in accordance with this privacy notice upon logging into the application for the first time. Some elements (eg Regulatory / Legal Obligation or Commercial – for billing) are not optional but other elements may be withdrawn or erased (eg name or phone number). Should an individual choose to change what data is held, they can contact the ‘data controller’ via the following email dataprotection@ports.je with their specific enquiry and details relating to withdrawal or management of their personal data within the TRACE app.

Automated decisions

 (j) the existence of any automated decision-making, as referred to in Article 38, and any meaningful information about the logic involved in such decision-making as well as the significance and the envisaged consequences of such processing for the data subject The Jersey Coastguard TRACE application does not use automated decision-making and profiling.

Statutory or contract requirements

 (l) whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether the data subject is obliged to provide the personal data and the possible consequences of failing to provide such data We are processing data on the basis of Public Function Schedule 2 Article 4 The data gathered is a Contract Requirement for the purposed outlined above.