Privacy Notice
Central Investigation Bureau Limited
Privacy Notice
This privacy notice tells you what to expect us to do with your personal information.
- Contact details
- What information we collect, use, and why
- Lawful bases and data protection rights
- Where we get personal information from
- How long we keep information
- Who we share information with
- How to complain
Contact details
Post
Central Investigation Bureau Ltd, PO Box 116, Waterlooville, PORTSMOUTH, Hampshire, PO8 0GA, GB
Telephone
02392 614 640
info@c-i-b.co.uk
What information we collect, use, and why
We collect or use the following information to provide and improve products and services for clients:
- Names and contact details
- Addresses
- Gender
- Pronoun preferences
- Occupation
- Date of birth
- Marital status
- Third party information (such as family members or other relevant parties)
- Financial data (including income and expenditure)
- Transaction data (including details about payments to and from you and details of products and services you have purchased)
- Usage data (including information about how you interact with and use our website, products and services)
- Employment details (including salary, sick pay and length of service)
- Credit history and credit reference information
- Health information (such as medical records or health conditions)
- Criminal records data (including driving or other convictions)
- Telematics data and connected car information
- Information relating to compliments or complaints
- Video recordings
- Audio recordings (eg calls)
- Records of meetings and decisions
- Account access information
- Website user information
We collect or use the following personal information for the operation of client or customer accounts:
- Names and contact details
- Addresses
- Purchase or service history
- Account information, including registration details
- Information used for security purposes
- Marketing preferences
- Technical data, including information about browser and operating systems
We collect or use the following personal information for the prevention, detection, investigation or prosecution of crimes:
- Names and contact information
- Client accounts and records
- Video recordings of public areas
- Audio recordings of public areas
- Video recordings of private or staff only areas
- Audio recordings of private or staff only areas
- Call recordings
- Dashcam footage – outside vehicle
- Dashcam footage – inside vehicle
- Financial information (eg for fraud prevention or detection)
- Location data
We also collect or use the following information for the prevention, detection, investigation or prosecution of crimes:
- Racial or ethnic origin
- Genetic information
- Biometric information (where used to identify someone)
- Health information
We collect or use the following personal information for information updates or marketing purposes:
- Names and contact details
- Addresses
- Profile information
- Marketing preferences
- Purchase or account history
- Website and app user journey information
- IP addresses
- Biometric information (where used to identify someone)
We collect or use the following personal information for research or archiving purposes:
- Names and contact details
- Addresses
- Purchase or client account history
- Website and app user journey information
- IP addresses
- Biometric information (where used to identify someone)
We collect or use the following personal information to comply with legal requirements:
- Name
- Contact information
- Identification documents
- Client account information
- Any other personal information required to comply with legal obligations
- Criminal offence data
We also collect or use the following information to comply with legal requirements:
- Genetic information
- Biometric information (where used to identify someone)
- Health information
We collect or use the following personal information to protect client welfare:
- Names and contact information
- Client account information
- Health and wellbeing information
- Emergency contact details
We also collect or use the following information to protect client welfare:
- Genetic information
- Biometric information (where used to identify someone)
- Health information
We collect or use the following personal information for dealing with queries, complaints or claims:
- Names and contact details
- Address
- Payment details
- Account information
- Purchase or service history
- Video recordings of public areas
- Audio recordings of public areas
- Video recordings of private or staff only areas
- Audio recordings of private or staff only areas
- Call recordings
- Dashcam footage – outside vehicle
- Dashcam footage – inside vehicle
- Witness statements and contact details
- Photographs
- Relevant information from previous investigations
- Customer or client accounts and records
- Financial transaction information
- Information relating to health and safety (including incident investigation details and reports and accident book records)
- Correspondence
- Telematics data and connected car information
- Location data
We also collect or use the following information for dealing with queries, complaints or claims:
- Genetic information
- Biometric information (where used to identify someone)
- Health information
Lawful bases and data protection rights
Under UK data protection law, we must have a “lawful basis” for collecting and using your personal information. There is a list of possible lawful bases in the UK GDPR. You can find out more about lawful bases on the ICO’s website.
Which lawful basis we rely on may affect your data protection rights which are in brief set out below. You can find out more about your data protection rights and the exemptions which may apply on the ICO’s website:
- Your right of access – You have the right to ask us for copies of your personal information. You can request other information such as details about where we get personal information from and who we share personal information with. There are some exemptions which means you may not receive all the information you ask for. You can read more about this right here.
- Your right to rectification – You have the right to ask us to correct or delete personal information you think is inaccurate or incomplete. You can read more about this right here.
- Your right to erasure – You have the right to ask us to delete your personal information. You can read more about this right here.
- Your right to object to processing – You have the right to object to the processing of your personal data. You can read more about this right here.
- Your right to data portability– You have the right to ask that we transfer the personal information you gave us to another organisation, or to you. You can read more about this right here.
- Your right to withdraw consent – When we use consent as our lawful basis you have the right to withdraw your consent at any time. You can read more about this right here.
If you make a request, we must respond to you without undue delay and in any event within one month.
To make a data protection rights request, please contact us using the contact details at the top of this privacy notice.
Our lawful bases for the collection and use of your data
Our lawful bases for collecting or using personal information to provide and improve products and services for clients are:
- Consent – we have permission from you after we gave you all the relevant information. All of your data protection rights may apply, except the right to object. To be clear, you do have the right to withdraw your consent at any time.
- Contract – we have to collect or use the information so we can enter into or carry out a contract with you. All of your data protection rights may apply except the right to object.
- Legal obligation – we have to collect or use your information so we can comply with the law. All of your data protection rights may apply, except the right to erasure, the right to object and the right to data portability.
- Legitimate interests – we’re collecting or using your information because it benefits you, our organisation or someone else, without causing an undue risk of harm to anyone. All of your data protection rights may apply, except the right to portability. Our legitimate interests are:
- We undertake lawful investigations for Law Firms, Local Authorities and Crime Prevention Agencies. We operate in the prevention of crime and in respect of civil matters, including litigation support. We act as Court agents serving vital Court documents.
- Vital interests – collecting or using the information is needed when someone’s physical or mental health or wellbeing is at urgent or serious risk. This includes an urgent need for life sustaining food, water, clothing or shelter. All of your data protection rights may apply, except the right to object and the right to portability.
- Public task – we have to collect or use your information to carry out a task laid down in law, which the law intends to be performed by an organisation such as ours. All of your data protection rights may apply, except the right to erasure and the right to portability.
Our lawful bases for collecting or using personal information for the operation of client or customer accounts are:
- Consent – we have permission from you after we gave you all the relevant information. All of your data protection rights may apply, except the right to object. To be clear, you do have the right to withdraw your consent at any time.
- Contract – we have to collect or use the information so we can enter into or carry out a contract with you. All of your data protection rights may apply except the right to object.
- Legal obligation – we have to collect or use your information so we can comply with the law. All of your data protection rights may apply, except the right to erasure, the right to object and the right to data portability.
- Legitimate interests – we’re collecting or using your information because it benefits you, our organisation or someone else, without causing an undue risk of harm to anyone. All of your data protection rights may apply, except the right to portability. Our legitimate interests are:
- We only collect necessary information from our clients in the pursuit of our lawful activities.
- Vital interests – collecting or using the information is needed when someone’s physical or mental health or wellbeing is at urgent or serious risk. This includes an urgent need for life sustaining food, water, clothing or shelter. All of your data protection rights may apply, except the right to object and the right to portability.
- Public task – we have to collect or use your information to carry out a task laid down in law, which the law intends to be performed by an organisation such as ours. All of your data protection rights may apply, except the right to erasure and the right to portability.
Our lawful bases for collecting or using personal information for the prevention, detection, investigation or prosecution of crimes are:
- Consent – we have permission from you after we gave you all the relevant information. All of your data protection rights may apply, except the right to object. To be clear, you do have the right to withdraw your consent at any time.
- Contract – we have to collect or use the information so we can enter into or carry out a contract with you. All of your data protection rights may apply except the right to object.
- Legal obligation – we have to collect or use your information so we can comply with the law. All of your data protection rights may apply, except the right to erasure, the right to object and the right to data portability.
- Legitimate interests – we’re collecting or using your information because it benefits you, our organisation or someone else, without causing an undue risk of harm to anyone. All of your data protection rights may apply, except the right to portability. Our legitimate interests are:
- We work alongside other agencies including the Police in the prevention of crime, investigating crimes and providing evidence to support the defence of criminal prosecutions. All our work is lawful and ethical.
- We work alongside other agencies including the Police in the prevention of crime, investigating crimes and providing evidence to support the defence of criminal prosecutions. All our work is lawful and ethical.
- Vital interests – collecting or using the information is needed when someone’s physical or mental health or wellbeing is at urgent or serious risk. This includes an urgent need for life sustaining food, water, clothing or shelter. All of your data protection rights may apply, except the right to object and the right to portability.
- Public task – we have to collect or use your information to carry out a task laid down in law, which the law intends to be performed by an organisation such as ours. All of your data protection rights may apply, except the right to erasure and the right to portability.
Our lawful bases for collecting or using personal information for information updates or marketing purposes are:
- Consent – we have permission from you after we gave you all the relevant information. All of your data protection rights may apply, except the right to object. To be clear, you do have the right to withdraw your consent at any time.
- Contract – we have to collect or use the information so we can enter into or carry out a contract with you. All of your data protection rights may apply except the right to object.
- Legal obligation – we have to collect or use your information so we can comply with the law. All of your data protection rights may apply, except the right to erasure, the right to object and the right to data portability.
- Legitimate interests – we’re collecting or using your information because it benefits you, our organisation or someone else, without causing an undue risk of harm to anyone. All of your data protection rights may apply, except the right to portability. Our legitimate interests are:
- We only collect relevant and necessary information in respect of the investigation or activity that we are undertaking. Information is only collated for the duration of the investigation then destroyed.
- We only collect relevant and necessary information in respect of the investigation or activity that we are undertaking. Information is only collated for the duration of the investigation then destroyed.
- Vital interests – collecting or using the information is needed when someone’s physical or mental health or wellbeing is at urgent or serious risk. This includes an urgent need for life sustaining food, water, clothing or shelter. All of your data protection rights may apply, except the right to object and the right to portability.
- Public task – we have to collect or use your information to carry out a task laid down in law, which the law intends to be performed by an organisation such as ours. All of your data protection rights may apply, except the right to erasure and the right to portability.
Our lawful bases for collecting or using personal information for research or archiving purposes:
- Consent – we have permission from you after we gave you all the relevant information. All of your data protection rights may apply, except the right to object. To be clear, you do have the right to withdraw your consent at any time.
- Contract – we have to collect or use the information so we can enter into or carry out a contract with you. All of your data protection rights may apply except the right to object.
- Legal obligation – we have to collect or use your information so we can comply with the law. All of your data protection rights may apply, except the right to erasure, the right to object and the right to data portability.
- Legitimate interests – we’re collecting or using your information because it benefits you, our organisation or someone else, without causing an undue risk of harm to anyone. All of your data protection rights may apply, except the right to portability. Our legitimate interests are:
- Vital interests – collecting or using the information is needed when someone’s physical or mental health or wellbeing is at urgent or serious risk. This includes an urgent need for life sustaining food, water, clothing or shelter. All of your data protection rights may apply, except the right to object and the right to portability.
- Public task – we have to collect or use your information to carry out a task laid down in law, which the law intends to be performed by an organisation such as ours. All of your data protection rights may apply, except the right to erasure and the right to portability.
Our lawful bases for collecting or using personal information to comply with legal requirements:
Consent – we have permission from you after we gave you all the relevant information. All of your data protection rights may apply, except the right to object. To be clear, you do have the right to withdraw your consent at any time.
- Contract – we have to collect or use the information so we can enter into or carry out a contract with you. All of your data protection rights may apply except the right to object.
- Legal obligation – we have to collect or use your information so we can comply with the law. All of your data protection rights may apply, except the right to erasure, the right to object and the right to data portability.
- We only collect necessary personal information whilst engaging in lawful investigation activities
- Vital interests – collecting or using the information is needed when someone’s physical or mental health or wellbeing is at urgent or serious risk. This includes an urgent need for life sustaining food, water, clothing or shelter. All of your data protection rights may apply, except the right to object and the right to portability.
- Public task – we have to collect or use your information to carry out a task laid down in law, which the law intends to be performed by an organisation such as ours. All your data protection rights may apply, except the right to erasure and the right to portability.
Our lawful bases for collecting or using personal information to protect client welfare are:
- Consent – we have permission from you after we gave you all the relevant information. All of your data protection rights may apply, except the right to object. To be clear, you do have the right to withdraw your consent at any time.
- Contract – we have to collect or use the information so we can enter into or carry out a contract with you. All of your data protection rights may apply except the right to object.
- Legal obligation – we have to collect or use your information so we can comply with the law. All of your data protection rights may apply, except the right to erasure, the right to object and the right to data portability.
- Legitimate interests – we’re collecting or using your information because it benefits you, our organisation or someone else, without causing an undue risk of harm to anyone. All of your data protection rights may apply, except the right to portability. Our legitimate interests are:
- We only collect relevant and necessary information in relation to our lawful investigations. We undertake assignments for law firms dealing with matters which concern individuals welfare and this information is shared with us and other relevant agencies. (Police, Social Services etc.)
- Vital interests – collecting or using the information is needed when someone’s physical or mental health or wellbeing is at urgent or serious risk. This includes an urgent need for life sustaining food, water, clothing or shelter. All of your data protection rights may apply, except the right to object and the right to portability.
- Public task – we have to collect or use your information to carry out a task laid down in law, which the law intends to be performed by an organisation such as ours. All of your data protection rights may apply, except the right to erasure and the right to portability.
Our lawful bases for collecting or using personal information for dealing with queries, complaints or claims are:
- Consent – we have permission from you after we gave you all the relevant information. All of your data protection rights may apply, except the right to object. To be clear, you do have the right to withdraw your consent at any time.
- Contract – we have to collect or use the information so we can enter into or carry out a contract with you. All of your data protection rights may apply except the right to object.
- Legal obligation – we have to collect or use your information so we can comply with the law. All of your data protection rights may apply, except the right to erasure, the right to object and the right to data portability.
- Legitimate interests – we’re collecting or using your information because it benefits you, our organisation or someone else, without causing an undue risk of harm to anyone. All of your data protection rights may apply, except the right to portability. Our legitimate interests are:
- We only collate necessary and relevant personal information in order for us to deal lawfully and fairly with any queries, complaints or claims.
- Vital interests – collecting or using the information is needed when someone’s physical or mental health or wellbeing is at urgent or serious risk. This includes an urgent need for life sustaining food, water, clothing or shelter. All of your data protection rights may apply, except the right to object and the right to portability.
- Public task – we have to collect or use your information to carry out a task laid down in law, which the law intends to be performed by an organisation such as ours. All of your data protection rights may apply, except the right to erasure and the right to portability.
Where we get personal information from
- Directly from you
- Regulatory authorities
- CCTV footage or other recordings
- Legal bodies or professionals (such as courts or solicitors)
- Debt collection agencies
- Publicly available sources
- Previous employment
- Market research organisations
- Credit reference agencies
- Providers of marketing lists and other personal information
- Suppliers and service providers
- Third parties:
- Other agencies including the Police, Local Authorities, Social Services, Registered Charities, our instructing clients including Law Firms, Financial Institutions, Insurance Companies, Corporate Bodies and other Investigation agencies whom we act for.
How long we keep information
The length of time that information should be retained depends on several factors, including legal requirements, industry standards, and the type of information involved. While there is no universal rule that applies to all situations, here are some general guidelines:
1. Legal Requirements
- Data Protection Laws: In many jurisdictions (such as the EU under GDPR or the US under state laws like CCPA), we must comply with data protection regulations that dictate how long personal information can be retained. For example, GDPR requires that data be kept only for as long as necessary to fulfill the purpose for which it was collected. Once that purpose has been fulfilled, the data must be deleted or anonymized.
- Statute of Limitations: Certain types of investigation work may be subject to a statute of limitations, meaning that records need to be kept for a certain period to account for potential legal claims. For instance, in some cases, retention could be required for up to 7 years.
- Court Orders or Legal Investigations: If the information is related to a court case or legal investigation, the retention period may be governed by specific court orders or laws relating to evidence retention
2. Purpose of the Investigation
- Case Closure: Once an investigation is complete and no longer ongoing (e.g., surveillance footage or personal information gathered during a case), records should be kept only as long as necessary to ensure legal obligations or contractual agreements are met.
- Client Contracts: Sometimes clients may have their own requirements about how long data should be retained. These terms should be clearly outlined in the contract.
3. Industry Best Practices
- Disposal of Data: We follow best practices for secure data disposal. This includes securely deleting or shredding paper documents, as well as ensuring electronic records are wiped clean from storage devices.
- Retention Schedule: It’s good practice for private investigators to create and maintain a document retention schedule that outlines how long specific types of information will be kept (e.g., client files, reports, surveillance footage).
4. Sensitive Data
- Personal or sensitive information that can be used to identify individuals (e.g., addresses, phone numbers, or surveillance video footage) is carefully handled and stored securely, with regular reviews to ensure compliance with legal and contractual requirements.
5. Clear Communication with Clients
- Privacy Notices: We have a clear privacy notice that explains to clients how their data will be handled, including retention periods. This builds trust and ensures compliance with relevant laws.
Example Timeline for Retention:
- Personal Client Information: Retained for the duration of the client relationship.
- Surveillance Data (e.g., video footage): Retained for the duration of the investigation and a short period afterward (up to 30 days or as required by law).
- Investigation Reports: Generally kept for no more than 1 year depending on jurisdiction and the nature of the investigation.
- In conclusion, we understand that it is crucial for us (CIB) to comply with both legal obligations and ethical standards when handling personal data. Our privacy notice clearly explains the data retention policy and that we regularly review our practices to remain compliant with current laws.
Who we share information with
Data processors
Liam O’Carroll
This data processor does the following activities for us: Relevant and necessary information as details in our Privacy Policy.
Others we share personal information with
- Other financial or fraud investigation authorities
- Insurance companies, brokers or other intermediaries
- Professional or legal advisors
- Emergency services
- Regulatory authorities
- Organisations we’re legally obliged to share personal information with
- Professional consultants
How to complain
If you have any concerns about our use of your personal data, you can make a complaint to us using the contact details at the top of this privacy notice.
If you remain unhappy with how we’ve used your data after raising a complaint with us, you can also complain to the ICO.
The ICO’s address:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Helpline number: 0303 123 1113
Website: https://www.ico.org.uk/make-a-complaint
Last updated
15 January 2025
Central Investigation Bureau Limited – Terms of Business
These Terms are for the Provision of Investigative and Litigation Support Services.
THESE TERMS ARE EFFECTIVE FROM 01 January 2025
WHEREAS:
(1) These Terms of business set out the basis on which we shall conduct all matters undertaken for you and shall be read in accordance with any covering communication. Any differences arising in respect of individual matters shall be notified to you in writing.
(2) We confirm having carried out a Conflict-of-Interest assessment and none exists to prevent us from accepting your instructions set out in our Proposal.
Central Investigation Bureau Limited T/a CIB Legal Services (Hereafter ‘CIB’) provides a range of services, including but not limited to:
- Private investigation services
- Process serving
- Tracing
- Asset recovery
- Pre-litigation support
- Commercial forfeiture assistance
- Other legal support services as requested
Engagement of Services
- Request for Services: All services must be requested through a written agreement or a formal communication outlining the scope of work, deliverables, and fees.
- Acceptance of Terms: By engaging our services, you confirm that you have read, understood, and agreed to these Terms.
IT IS AGREED as follows:
1. Definitions and Interpretation
1.1 In this Agreement, unless the context otherwise requires, the following expressions have the following meanings:
“we”, “our”, “us” means Central Investigation Bureau Limited,(or any other specified ‘trading as’ name) a company Registered in England and Wales whose registered office address is EMP Building, Unit 1, 4 Solent Road, Havant, Hampshire, PO9 (CRN: 04167144)
“Client”, “you” means the person who accepts a quotation or offer for the provision of Services to be provided by us;
“Business Day” means, any day (other than Saturday or Sunday) on which ordinary banks are open for their full range of normal business in the UK;
“Commencement Date” Means the date in which we formally accept your instructions in writing;
“Confidential Information” means, in relation to either Party, information which is disclosed to that Party by the other Party pursuant to or in connection with this Agreement (whether orally or in writing or any other medium, and whether or not the information is expressly stated to be confidential or marked as such);
“Services” means the Services to be provided by us;
“Term” means the term of this Agreement;
“GDPR” means The General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679)
1.2 Unless the context otherwise requires, each reference in this Agreement to:
1.2.1 “writing”, and any similar expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
1.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
1.2.3 “this Agreement” is a reference to these Terms as amended or supplemented at the relevant time;
1.2.4 a Clause or paragraph is a reference to a Clause of this Agreement.
1.2.5 a “Party” or the “Parties” refer to the parties to this Agreement.
1.3 The headings used in this Agreement are for convenience only and shall have no effect upon the interpretation of this Agreement.
1.4 Words imparting the singular number shall include the plural and vice versa.
1.5 References to any gender shall include the other gender.
1.6 References to persons shall include corporations.
2. Communication
2.1 We shall communicate with such of your officers, staff and other advisers as appears to us to be appropriate. If, however you have any specific security requirements relating to the communication of information to you or your company (as the case may be) then please advise us.
2.2 Instructions given by the Client to us shall be in writing or, if given orally, shall be confirmed by the Client in writing not more than two Business Days after the instruction is given.
3. Liability
The Services we provide to you, which shall include any information or advice given to you, is based solely on the information you have given to us and does not constitute advice to any third party to whom you may communicate it.
4. Rights of Third Parties
4.1 Our duties are owed only to the individual/company whose instructions we are acting upon and we disclaim any liability to any other persons regardless of whether the Client instructs us on behalf of another.
4.2 The Terms on which we are acting on the Clients matter (contained herein or otherwise) are intended to be enforceable solely by the contracting parties herein.
4.3 We do not accept any liability for Services or information provided by any third parties instructed by us on the Clients behalf in respect of the relevant Services unless there is prior agreement in writing by the third party.
5. Provision of Services
5.1 With effect from the Commencement Date, we shall, throughout the course of the instructions, provide the Services to the Client as agreed within the Clients original instruction.
5.2 We shall provide the Services with reasonable skill and care, commensurate with prevailing standards in the litigation support, data processing and professional investigation sector in the United Kingdom.
5.3 We shall act in accordance with all reasonable instructions given to us by the Client provided that such instructions are lawful.
5.4 We shall be responsible for ensuring that the Services comply with all statutes, regulations, byelaws, standards, codes of conduct and any other rules relevant to their provision.
5.5 We may, in relation to certain specified matters relating to the Services, act on the Client’s behalf. Such matters shall not be set out in this Agreement but shall be agreed between the Parties (any such agreement to be confirmed in writing) as they arise from time to time.
5.6 We reserve the right to amend or supplement any Terms herein contained generally or specific to any matter by providing notice in writing.
5.7 Our services require us to process personal data, which shall be done so in according with the following conditions:
5.7.1 If we are a controller or joint controller for the personal data we process, we will document all the applicable information required of us under Article 30(1) of the GDPR.
5.7.2 If we are a processor for the personal data we process, we will document all the applicable information required of us under Article 30(2) of the GDPR.
5.8 Our processing of personal data is documented in our Privacy Notice.
6. Client’s Obligations Pertaining to Services
6.1 The Client shall use all reasonable endeavours to provide all pertinent information in their lawful instruction to us that is necessary for us to provide the Services.
6.2 The Client may, from time to time, issue reasonable lawful instructions to us in relation to our provision of the Services, only insofar as they meet the specifications of the Service offered by us.
6.3 In the event that we require the decision, approval, consent or any other communication from you in order to continue with the provision of the Services or any part thereof at any time, you shall provide the same in a reasonable and timely manner.
6.4 If any consents, licences or other permissions are needed from any third parties such as landlords, planning authorities, local authorities, regulatory bodies, Courts or similar, it shall be the Client’s responsibility to obtain the same in advance of the provision of the Services (or the relevant part thereof) unless otherwise specifically agreed.
6.5 If the nature of the Services requires that we have access to the Client’s premises or any other location, access to which is lawfully controlled by the Client, the Client shall ensure we have access to the same at the times to be agreed between us and the Client as required.
6.6 Any delay in the provision of the Services resulting from the Client’s failure or delay in complying with any of the provisions of this Clause 6 shall not be our responsibility or fault.
6.7 You shall ensure, at all times, that you are able to pay, in cleared funds, our invoices, as and when they fall due, and under no circumstances, shall you delay payment on account of your own Client not paying you. You therefore always agree that you are able to meet our fees from either Client funds placed on account with you, or from your own funds.
7. Tracing Services
7.1 In order to proceed with a trace of an individual, we may ask you for comprehensive information about the reasons that you wish to trace the said individual, to ensure compliance with Data Protection legislation.
7.2 In respect of Absconder traces, a successful trace is defined as the provision of a contact address where proceedings may be served and are likely to come to the attention of the Absconder.
7.3 In respect of Employment traces, a successful trace is defined as either
7.3.1 The subjects Employer details are provided; or
7.3.2 The subject is confirmed as being self-employed; or
7.3.3 The subject is confirmed as being unemployed;
7.4 Clients may, request a re-trace within 30 (Thirty) days of the original report being issued, subject to the following Terms;
7.4.1 Where information supplied by us is found to have been incorrect at the time of the original report, a full credit of the fee will be issued to you; or
7.4.2 Subject to 7.4.1 where new information is obtained in the course of the re-check, the new information will be supplied to you at an agreed fee; or
7.4.3 Where information is found to have been correct at the time of the original report, and where that information is still considered by us to be correct, or an approximate date of leaving after the original report was issued is confirmed and/or supplied to you, a further fee equivalent to 50% (fifty per cent) of the original trace fee shall be charged to you; or
7.4.4 Where information is found to have been correct at the time of the original report and where further information is obtained in the course of the re-check, a further fee equivalent to the original fee shall become payable;
7.5 Clients may request a re-trace after the expiry of 60 (Sixty) days, however this shall be treated as a new trace, regardless of any information that subsequently comes to light regarding the original report.
- Service of Documents
8.1 Prior to service the client will provide via email, mail or other means the documents for service.
8.2 Where it is necessary for us to collect or deliver to and/or from a Clients premises, and/or designated collection or delivery point shall, be subject to a fee, as advised to the Client, based on location and distance from us.
8.3 The Services shall be carried out in accordance with the provisions of Schedule 1 (one) of this agreement.
8.4 A witness statement or Certificate of Service will be provided in the correct format, and shall not attract a further fee, if the statement/certificate is limited to the details of the Service or attempted Service.
8.4 If a Sworn Affidavit is required or requested by you, a further fee shall be payable.
8.5 A witness statement or sworn affidavit that is requested following the original witness statement or affidavit, shall incur an extra fee.
8.6 You shall supply us with documents to be served. Should you not do so, you may be liable to further fees, in accordance with Clause 10.5 of this Agreement.
8.7 Postage and/or Courier Fees shall be charged to you where
8.7.1 The documents constitute a large or bulky item, in excess of a C4 size envelope;
8.7.2 Where a Courier is instructed to collect and/or deliver;
8.7.3 Where a signed for, international signed for, or Special Delivery, with or with additional compensation is utilised;
- Fees, Payments and Records
9.1 The cost of the Services shall be indicative of the type of work undertaken and it is normal procedure for us to provide an estimate or quotation when requested along with details of our payment Terms, headed appropriately as such. If there are any changes in the Clients instructions or in the circumstances of the matter at any time these shall be reflected, as the Client deems fit, in an amended estimate or quotation which shall be provided to the Client at the earliest opportunity. In the event that we are unable to provide an estimate, we shall keep the Client informed of the work in progress on a periodic basis or upon the Clients request.
9.2 Where it is necessary for us to charge on an hourly basis for time, the current rates shall be provided to the clients in a timely manner. CIB reserve the right to charge for any appropriate disbursements at cost.
9.3 Should we, or any third party instructed by us, be required to attend Court in relation to the instructions, you agree to meet our reasonable travel, accommodation and subsistence costs, along with our daily attendance rate as set out in Schedule 2 of this Agreement.
9.4 Our daily Court attendance rate shall be payable in respect of any full or part date on which we shall be required to attend, and shall be payable unless at least 24 hours’ notice is given that we will no longer be required to attend. Full payment of the daily attendance rate shall be due not less than one week before the first Court date at which we are expected to attend.
9.5 We may charge for photocopying as a separate expense where we are required to print more than 30 pages in black and white copy, or more than 20 pages in colour copy.
9.6 Where it is necessary to instruct a third party on behalf of the Client, including but not limited to external investigations, we will do so as the Client’s agent and the Client shall be responsible for payment of the third parties fees.
9.7 We may ask for funds on account to cover our initial fees and disbursements and settlement of third parties’ fees. Any request for any such monies shall not be an estimate or a cap on any fee and unless payment was made for a specified purpose, may be used to meet fees when invoiced to the Client
9.8 An Invoice, or receipted invoice, will be rendered at the conclusion of a matter. We reserve the right to render interim invoices during the course of the Services provided. Any particular billing requirements of the Client should be given to us prior to the Services commencing.
9.9 Bills are payable no later than 30 days following the invoice being issued, and we reserve the right to charge statutory interest and costs pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 as amended.
9.10 At all times, you remain liable for our costs, and it is of utmost importance that our payment Terms are met. You should, on each and every matter in which you instruct us, ensure that you can meet your obligations under Clause 6.7 of this Agreement.
10. Confidentiality
10.1 Each Party undertakes that, except as provided by sub-Clause 9.2 or as authorised in writing by the other Party, it shall, at all times during the continuance of this Agreement and in perpetuity after its termination:
10.1.1 keep confidential all Confidential Information;
10.1.2 not disclose any Confidential Information to any other party unless agreed in advance or as required by law, or in response to an order of a Court of competent jurisdiction;
10.1.3 not use any Confidential Information for any purpose other than as contemplated by and subject to the Terms of this Agreement;
10.1.4 not make any copies of, record in any way or part with possession of any Confidential Information; and
10.1.5 ensure that none of its directors, officers, employees, agents, sub-contractors or advisers does any act which, if done by that Party, would be a breach of the provisions of sub-Clauses 12.1.1 to 12.1.4 above.
10.2 The provisions of this Clause 12 shall continue in force in accordance with its Terms indefinitely, notwithstanding the termination of this Agreement for any reason.
- Documentation/Personal Data
11.1 Documents sent by you to us are sent at your own risk, and we take no responsibility for ensuring safe receipt. You are responsible for ensuring any personal information sent to us electronically is done so with the appropriate technical measures to ensure that the information is protected during sending.
11.2 At the end of the provision of the Services relating to the processing of Personal Data, at the Clients option, we shall either return all of the Personal Data to you or securely dispose of the Personal Data (and thereafter promptly delete all existing copies of it) except to the extent that any applicable law requires us to store such Personal Data and in any event no later than the expiry of six years from the date of completion of the services, or any such period specified within the Limitation Act 1980 as may be amended from time to time. This clause 13 shall survive termination or expiry of the Contract.
11.3 Taking into account the state of technical development and the nature of processing, we shall implement and maintain the technical and organisational measures required to protect the Personal Data against accidental, unauthorised or unlawful destruction, loss, alteration, disclosure or access.
11.4 We will assist you in ensuring compliance with your obligations pursuant to Articles 32 to 36 of the GDPR (and any similar obligations under applicable Data Protection Laws) taking into account the nature of the processing and the information available to us and assist you (by appropriate technical and organisational measures), insofar as this is possible, in the fulfilment of your obligations to respond to requests for exercising the Data Subjects’ rights under Chapter III of the GDPR (and any similar obligations under applicable Data Protection Laws) in respect of any Protected Data.
11.5 If a Data Subject exercises their rights directly with us, we shall take all required steps and measures to respond to the Data Subject, only where there is a statutory obligation for us to do so.
11.6 We shall notify you without undue delay and in writing on becoming aware of any Personal Data Breach in respect of any Protected Data.
11.7 We shall upon request submit audits and undertake to inspect and provide the Client with requisite information to ensure compliance with its Article 28 of the GDPR obligations. We will inform the Client immediately if there is a danger of something infringing the GDPR or other data protection law of the United Kingdom, EU or a member state..
11.8 For the avoidance of doubt instructions are accepted on the basis that our Services are conducted under the direction of the Client and as such we shall be deemed to be the Data Processor and the Client, and/or the principal shall be deemed the Data Controller, unless we determine both the manner and the purpose of the processing, in which case, we shall be Data Controller or Joint Data Controller.
11.9 All instructions are carried out with due consideration given to the provisions and requirements of the Bribery Act 2010 and accordingly no part of the instructions will be conducted in breach thereof.
11.10 We shall meet the responsibilities to ensure all staff, internal, external or contracted and its supply chain workers are not victims of modern slavery or human trafficking. The safeguards against modern slavery or human trafficking are carried out with due diligence procedures.
12. Limitation of Liability
12.1 This Clause 14 sets out the entire financial liability of the Parties (including that for the acts or omissions of their employees, agents or subcontractors) to each other for any breach of this Agreement; any use made by the Client of Services; and any representation, statement or tortious act or omission (including, but not limited to, negligence and breach of statutory duty) arising out of or in connection with this Agreement.
12.2 Neither Party shall be liable to the other, whether in contract, tort (including negligence), restitution, or for breach of statutory duty or misrepresentation for any loss of profit, loss of goodwill, loss of business opportunity, loss of anticipated saving, loss or corruption of any data or information, or any special, indirect or consequential damage or loss that may be suffered by the other Party that arises out of or in connection with this Agreement.
12.3 Without prejudice to Clause 14, our total liability arising out of or in connection with this Agreement (whether in contract, tort (including negligence), restitution, for breach of statutory duty or misrepresentation or otherwise) shall be limited to the value of the Services in respect of any and all other acts or omissions.
13. Force Majeure
13.1 No Party to this Agreement shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, internet Service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
13.2 In the event that a Party to this Agreement cannot perform their obligations hereunder as a result of force majeure for a continuous period of 4 weeks, the other Party may at its discretion terminate this Agreement by written notice at the end of that period. In the event of such termination, the Parties shall agree upon a fair and reasonable payment for any and all Goods delivered and/or any and all Services provided up to the date of termination. Such payment shall take into account any prior contractual commitments entered into in reliance on the performance of this Agreement.
14. Term and Termination
14.1 This Agreement shall remain in force from the Commencement Date of this Agreement and shall continue to the termination of this Agreement.
14.2 We will treat as confidential all information concerning the Clients business affairs received as a result of instructions received and not disclose the information to any third party save to those persons whom we deem necessary and solely for the purpose of the carrying out the Clients instructions unless such information (a) is or becomes generally available to the public or (b) is required to be disclosed in any jurisdiction by a law.
14.3 We, in the provision of the Services, may be required to outsource all or part of the Services to a sub-contractor/sub-processor. It is unequivocally agreed that this is solely within our discretion and that you acknowledge that you specifically agree to us doing so. Wherever possible, any sub-contractor/sub-processor will be vetted or be a Member of the Association of British Investigators or The Institute of Professional Investigators or from our approved list of agents. In some instances, we will use agents, sub-contractors/sub-processors who are not members of our approved lists, but that meet our requirements as specialists. If you do not give permission for us to instruct sub-contractors/sub-processors at our sole discretion, you must notify us in writing in the initial instruction or as soon as reasonably practical thereafter and in any event before we commence the Services, and we will then seek your further permissions if necessary. It is acknowledged that all agents, sub-contractors/sub-processors will be bound by all of the conditions contained within these Terms.
14.4 For the purpose of law enforcement and/or fraud awareness/prevention or enforcement it is agreed that non-personal data acquired by us may be shared at our discretion. Personal data however will remain confidential.
14.5 We reserve the right to conduct due diligence prior to the commencement of the Services of the Client and their instructions. This may require proof of the Clients identity and or compliance with the Money Laundering Regulations in the jurisdiction in which the Services are to be provided.
14.6 We reserve the right to terminate the provision of our Services to the Client by providing written notice delivered to the Clients address or by email. The Client may also terminate their instructions to us on any matter at any time by providing us with written notification. Notwithstanding any termination by either party, the Client agrees to pay any outstanding fees and costs incurred up to the date of termination or the fixed fee agreed.
14.7 In accordance with clause 16.3 above, in the unlikely event that we cease trading, or you are unable to contact us for a period of not less than 4 weeks, any sub-contractor/sub-processor instructed by us, will, by default, become joint data controller with you. In this event, and if you are unaware of whom the sub-contractor/sub-processor is, you should contact info@c-i-b.co.uk who will be able to locate the information for you. Once you are in contact with that sub-contractor, the sub-contractor, shall cease to be joint data controller, and shall, in accordance with clause 12 which binds them to these Terms, revert to the position of processor/sub-processor.
- Effects of Termination
Upon the termination of this Agreement for any reason:
15.1 any sum owing by either Party to the other under any of the provisions of this Agreement shall become immediately due and payable;
15.2 all Clauses which, either expressly or by their nature, relate to the period after the expiry or termination of this Agreement shall remain in full force and effect;
15.3 termination shall not affect or prejudice any right to damages or other remedy which the terminating Party may have in respect of the event giving rise to the termination or any other right to damages or other remedy which any Party may have in respect of any breach of this Agreement which existed at or before the date of termination;
15.4 subject as provided in this Clause 17 and except in respect of any accrued rights neither Party shall be under any further obligation to the other; and15.5 each Party shall (except to the extent referred to in Clause 8) immediately cease to use, either directly or indirectly, any Confidential Information, and shall immediately return to the other Party any documents in its possession or control which contain or record any Confidential Information upon request of the other Party. - 16. No Waiver
No failure or delay by either Party in exercising any of its rights under this Agreement shall be deemed to be a waiver of that right, and no waiver by either Party of a breach of any provision of this Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other provision. - 17. Further Assurance
17.1 Each Party shall execute and do all such further deeds, documents and things as may be necessary to carry the provisions of this Agreement into full force and effect.
17.2 From time to time we may wish to issue publicity about our Services which may include details of previous cases or case scenarios we shall make no specific references to the Clients matter which may reveal or otherwise lead to be revealed any information which shall be subject to Clause 8 herein.
17.3 We reserve the right to act on behalf of other individuals/companies who operate in the same locality as the Client or any related subject area subject to our obligations of confidentiality and Conflict of Interest as contained herein.
17.4 In the event that the Client is not satisfied with the Service provided, a written complaint should be made to us in the first instance. All complaints will be handled in an efficient manner and all attempts will be made to solve them quickly. - 18. Severance
In the event that one or more of the provisions of this Agreement is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of this Agreement. The remainder of this Agreement shall be valid and enforceable. - 19. Law and Jurisdiction
These Terms of business are governed by and shall be construed in accordance with the laws of the jurisdiction of England and Wales, and you agree to submit to the exclusive jurisdiction of the Courts therein. - 20. Agreement to these Terms
The Client shall agree to be bound by these Terms, by instructing or continuing to instruct us and upon condition that we accept or indicate or imply acceptance by commencing the Service.
SCHEDULE 1 – SERVICES
Trace Enquiries
The Services shall consist of (Open-source intelligence/ Electronic / Infield) enquiries. We may also speak to third parties such as neighbours and relatives using appropriate pre-texts to protect the subject rights to privacy.
In some instances, we may make contact with the traced person prior to providing their details to you.
In the event of infield enquiries being necessary, we may agree to either an agreed fixed charge, or where necessary apply the hourly rates set out in Schedule 2.
Service of Documents
- The Service shall consist of a maximum of 3 visits to the property, unless otherwise quoted for, or agreed upon. These visits will be conducted at times considered appropriate to meet with the Respondent or as dictated by you the client.
- The Service shall include a Sworn Affidavit, Certificate of Service, Witness Statement, Statement in support of Substituted Service, or Statement of Attempts at Service.
- The Client shall provide all papers to be served in Duplicate if being sent as originals and not electronically.
Other services
- Other un-specified investigative services will be conducted lawfully and in accordance with any specified instructions. Our fees will be agreed at the time of instruction and any changes to that agreement will be agreed by both parties in writing.
SCHEDULE 2 – Fees Billable
Our services may be provided for a fixed fee agreed in advance. Where a fixed fee is not agreed then the following fees apply.
- The following hourly charges apply:
1.1 Hourly rate: £65.00 inc.
1.2 Legal Aid Agency rate: £25.60 per hour inc.
1.3 Mileage: 45 pence per mile
1.4 Disbursements: Charged at cost
1.5 The preparation of a proof of service as agreed.
1.6 The preparation of an Affidavit or other document which requires Swearing, Affirming or
Notarising, charged at cost or as agreed in advance.
2 The following Court charges apply:
2.1 Per whole day (exceeding 6 hours including travelling): £450.00
2.2 Per half day (Less than 6 hours including travelling): £300.00
2.3 Travel Expenses: 45p per mile (or the face value of any travel cost)
2.4 Subsistence: at cost
2.5 Accommodation: at cost
3 Photocopying shall be charged at
3.1 Black and White 30 Free then 10p per copy
3.2 Colour 20 Free then 50p per copy
4 Dishonoured Cheques and Payments
4.1 In respect of any dishonoured cheques or payments, a fee of £30 shall apply
5 Contractual Interest
5.1 We apply a rate of 5% in respect of contractual interest, where such interest does not fall within the Late Payment of Commercial Debts (Interest) Act 1998 as amended.
Contact Information
For any questions regarding these Terms or our services, please contact us at:
Central Investigation Bureau Limited
PO Box 116
Waterlooville
Portsmouth
Hampshire
PO8 0GA
Tel: 023 9261 4640
Email: info@c-i-b.co.uk
info@c-i-b.co.uk
023 9261 4640