Last Updated April 2022
QEDforensics (QED Limited) is committed to protecting your privacy. QEDforensics is registered for Data Protection with The Office of the Data Protection Authority (ODPA) reg. #DPA1664. All personal information is processed in accordance with the General Data Protection Regulation 2016/679 and The Data Protection (Bailiwick of Guernsey) Law, 2017. QEDforensics is Data Controller and Processor under the definitions of both legislations.
This privacy notice explains how QEDforensics processes your personal information when you visit its website, or if QEDforensics collects, stores or shares your personal data as part of the legitimate interests of its business. It also explains how QEDforensicswill protect your information and personal data, and the controls and safeguards it provides for this data. This includes understanding, at all times, precisely what data it stores for and about you, who (if anyone) can see that data, and whether you give permission for that data to be shared with third-parties.
The processing of personal data, such as names, addresses, email addresses, or telephone numbers will always be in line with the General Data Protection Regulation 2016/679 and The Data Protection (Bailiwick of Guernsey) Law, 2017.
This Data Protection declaration provides data subjects information on the rights to which they are entitled.
To protect your privacy, QEDforensics will observe the following fundamental principles:
QEDforensics will not ask you for personal information unless there is a genuine need for it.
QEDforensics will not share your personal information with anyone except to comply with the law or protect its rights.
What Personal Data We Collect and Why We Collect It
QEDforensics collects individually identifiable information from clients and business associates for legitimate administrative and financial purposes; to facilitate communication; deliver reports; and meet regulatory requirements. In all cases, the personal data collected is limited to your name, address, e-mail address, and contact telephone number.
All of the information collected is voluntarily provided by the data subjects themselves in the form of emails, letters, and other forms of documentation such as business cards. Where such information is provided to QEDforensics on a voluntary basis, it is deemed to have been provided with the data subject’s consent.
All the personal information held is stored on hardware in the Bailiwick of Guernsey. However, the QEDforensics website is located in servers within the EU and USA.
Who We share Your Data With
QEDforensics does not share any of the personal data we collect. It is also careful not to disclose or distribute any personally-identifying and/or potentially personally-identifying information other than on a need-to-know basis. This includes disclosing personally-identifying and/or potentially personally-identifying information in response to a subpoena, court order, or other governmental request, or when QEDforensics believes, in good faith, that disclosure is necessary to protect third parties or the public at large.
As part its normal business operations, QEDforensics uses third-party software and cloud services from Adobe, Dropbox, Google, Microsoft, and others, as well as financial institutions to provide various services which may involve processing data on our behalf. QEDforensics takes all reasonable endeavours to ensure our clients' data is secure and we are committed to only engage with third-parties who can offer it equal assurance.
QEDforensics does not collect or analyse any data, personal or otherwise, on its website.
Your Rights Over Your Data
You can request to receive an exportable file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
What Data Breach Procedures We Have in Place
As, in all cases, the personal data we collect is limited to your name, address, email address, and contact telephone number, it is unlikely that a data breach will result in a high risk to the rights and freedoms of any data subjects. However, as soon as QEDforensics become aware of a data breach, it will immediately take steps to inform those data subjects who may be impacted by it and the ODPA
Terms & Coditions
Supply of Service
All work carried out by QEDforensics for the client is subject to these Terms and Conditions except to the extent otherwise expressly agreed in writing, in which case those terms shall prevail over these Terms and Conditions.
QEDforensics will endeavour to identify conflicts of interest at the time of engagement by the client and will cease from acting in the engagement should a conflict of interest exist or found to exist at a later time.
Prior to agreeing to undertake any analysis, QEDforensics will undertake without charge an initial assessment of any texts and will provide an opinion on whether the texts are:
1) suitable for analysis according to the requirements of the client.
Should the texts not be suitable for analysis, QEDforensics will advise the client and immediately destroy the texts unless instructed otherwise in writing by the client.
2) an estimate of the approximate time and cost.
Any estimates of fees is given in good faith but are not contractually binding unless otherwise specified, and fees may be higher or lower than the estimates given.
The client will, at its own expense, supply QEDforensics with all necessary texts and all necessary comparison material and other information relating to the service within sufficient time to enable QEDforensics to provide analysis in accordance with the agreement between the client and QEDforensics.
The nature of linguistic analysis makes it difficult to estimate precisely how long texts may take to analyse. QEDforensics recognises that most cases are considered urgent and will endeavour to deal with them quickly and efficiently as possible. However, analyses may take longer than anticipated and QEDforensics will not compromise the quality of its analyses to meet agreed deadlines. As soon as it becomes evident to QEDforensics that an agreed deadline cannot be met, QEDforensics will inform the client accordingly and agree a new deadline.
QEDforensics will have no liability to the client for any loss, damage, expenses, or claims for compensation arising from any delay to the completion of agreed services by QEDforensics.
Unless the client requests a formal written Expert Report, QEDforensics reports are to be used on an Advise Only basis, and are not For Service.
QEDforensics may not express any opinions regarding the guilt or innocence of any individual or party. Any opinions provided by QEDforensics are subject to the limitations described below:
Linguistic fingerprinting does not exist. Consequently, QEDforensics cannot attribute authorship to any individual. QEDforensics may only express an opinion as to the degree of consistency or non-consistency between the linguistic style found in the questioned texts and the sample texts with which they are compared using a 'Scale of Conclusions'. This Scale of Conclusions will be provided to the client before analysis.
While QEDforensics may make inferences as to a linguistic persona based on linguistic features identified in texts, conclusions may be correct or incorrect, or correct to within a certain degree of accuracy. Inferences are provided for general guidance only.
Attempts by a client of their representatives to influence the conclusions of a QEDforensics analysis will result in the immediate termination of the work/contract by QEDforensics without any liability for any loss, damage, expenses, or claims for compensation by the client.
Rights of Material and Reports
The property and any copyright or other intellectual property rights in any material provided by the client to QEDforensics will belong to the client. The client is responsible for ensuring that that they are legally entitled to obtain and use any material provided to QEDforensics.
Unless otherwise agreed in writing between the client and QEDforensics, any reports or information contained in communication issued by QEDforensics will belong to QEDforensics, subject only to the right of the client to use the information for the purposes of utilising QEDforensics’ services. The client agrees to indemnify QEDforensics against all claims, losses and damages suffered by QEDforensics as a result of any material provided to QEDforensics which the client did not lawfully obtain or possess.
QEDforensics' charges are normally based on hourly rate. In suitable cases, QEDforensics will quote on a project basis. Subject to any special terms agreed, the client will pay the costs which are agreed between QEDforensics and the client for the provision of services, which in QEDforensics’ sole discretion, is required as a result of the client’s instructions or lack of instructions, or any other cause attributable to the client. QEDforensics will be entitled to invoice the client following the end of each month in which the services are provided, or at other times agreed with the client. The client will pay QEDforensics’ charges, other costs and expenses, and any additional sums payable Net 30 days EOM of the date of QEDforensics’ invoice.