1. Introduction
Atlantic Security Limited, a local company incorporated under the laws of Bermuda (“Company”), is committed to maintaining the accuracy, confidentiality and security of your personal information that we hold and use in Bermuda.
The Company has adopted this privacy notice (this “Privacy Notice”) to comply with the requirements of Bermuda’s Personal Information Protection Act 2016 (“PIPA”). This Privacy Notice sets out: (a) the personal information the Company collects from or about you, (b) how we use that personal information, (c) who we may disclose that personal information to, (d) how long we will retain your personal information, and (e) your rights in respect of your personal information.
2. The personal information we collect
We collect and maintain various types of personal information in respect of individuals depending on the purposes for which such personal information is required including: (a) information relating to any request to provide services to you, including your name, address, and contact details, and (b) information you supply when you interact with us.
PIPA defines “sensitive personal information” as any personal information relating to an individual’s place of origin, race, colour, national or ethnic origin, sex, sexual orientation, sexual life, marital status, physical or mental disability, physical or mental health, family status, religious beliefs, political opinions, trade union membership, biometric information or genetic information. The sensitive personal information we collect may include information relating to any criminal or fraudulent activities provided to us by you or third parties (such as anti-money laundering agencies, government bodies or insurers) and information used in fraud prevention or international sanctions checking
How your personal information is collected
In most cases, the Company collects personal information directly from you. However, should we be required to collect your personal information from a third party, we will obtain your permission prior to requesting this information (such permission may be given directly by you or, in certain circumstances, implied from your actions). From time to time, we may utilize the services of third parties in our business and may also receive personal information collected by those third parties during the performance of their services for us or otherwise. In such circumstances, we will take reasonable steps to ensure that such third parties have the authority to disclose your personal information to us. Where permitted or required by law or regulatory requirements, we may collect personal information without your knowledge or consent. We may also obtain personal information from publicly available sources.
3. Why we collect personal information
The personal information collected by the Company is used and disclosed for our business purposes, including establishing, managing or conducting customer or supplier relationships. We may also be required under various reporting or regulatory regimes to collect personal information to comply with Bermuda law, for example to comply with “Know Your Client” rules under the anti-money laundering and anti-terrorist financing regulations.
4. Use of personal information
We may use your personal information for the purposes described in this Privacy Notice or any other privacy notice issued by the Company or for any additional purposes that we advise you of and, where your consent is required by law, we have obtained your consent in respect of the use or disclosure of your personal information. Where we are permitted or required by applicable law or regulatory requirements, we may use your personal information without your knowledge or consent.
5. Disclosure of personal information
We may share your personal information with our employees, contractors, consultants and/or other third parties who require such information to assist us with establishing, managing or conducting the Company’s business, including persons that (a) provide products or services to us or on our behalf, (b) collaborate with us in the provision of our services and (c) provide information technology and data processing services to us to operate our business.
Personal information may be disclosed or transferred to another party in the event of a change in ownership of, or a grant of a security interest in, all or a part of the Company through, for example, an asset or share sale, or some other form of business combination, amalgamation, merger or joint venture, provided that such party is bound by appropriate agreements or obligations and required to use or disclose your personal information in a manner consistent with the use and disclosure provisions of this Privacy Notice, unless you consent otherwise.
Further, your personal information may be disclosed: (a) as permitted or required by law or regulatory requirements and in such cases, we will endeavor to not disclose more personal information than is required, (b) to comply with valid legal processes such as search warrants, subpoenas or court orders, (c) as part of the Company’s regular reporting activities, (d) to protect the rights and property of the Company, (e) during emergency situations or where necessary to protect the safety of a person or group of persons, (f) where the personal information is publicly available, or (g) with your consent where such consent is required by law.
There may be circumstances where third parties are located outside of Bermuda, and as a result, your personal information may be collected, used, processed, stored or disclosed in another jurisdiction. Personal information is only transferred by us to an overseas third party, if the transfer meets the requirements of PIPA in respect of overseas transfers. Where the jurisdiction is not a reciprocal jurisdiction designated by Bermuda’s Privacy Commissioner or the Company is not satisfied that the overseas third party provides an adequate level of protection for the personal information to meet the requirements of PIPA, we will implement additional safeguarding measures, such as contractual mechanisms or encryption to protect the information or we may, if possible to still meet the purposes, anonymise the information so that it no longer constitutes personal information.
6. Rights of Individuals
Under PIPA, you have rights when it comes to our use of your personal information, which include: (a) the right to access personal information belonging to you which is in the custody or under the control of the Company, (b) the right to be informed about the purposes for which your personal information has been and is being used by the Company, (c) the right to know the names of the persons or types of persons to whom and circumstances in which your personal information has been and is being disclosed, (d) the right to access personal information about you of a medical nature, (e) the right to make a written request to the Company to correct an error or omission in any of the personal information, which is under the control of the Company, (f) the right to request that the Company refrains from using your personal information for the purposes of advertising, marketing or public relations or where the use of personal information is likely to cause substantial damage or substantial distress to you or another individual, (g) the right to request that the Company erases or destroys your personal information where that personal information is no longer relevant for the purposes of its use, (h) the right to restrict the processing of your personal information, (i) the right to be informed of a personal information breach (unless the breach is unlikely to be prejudicial), and (j) the right to complain to Bermuda’s Privacy Commissioner.
7. Notification and Consent
PIPA does not place a general requirement on the Company to obtain your consent for the collection, use or disclosure of personal information. However, to the extent that your consent is required, in relation to us collecting, using and disclosing your personal information for the purposes stated in this Privacy Notice, we may imply your consent from your actions unless you advise us otherwise. Where your consent is required for our collection, use or disclosure of your personal information, you may, at any time, subject to legal or contractual restrictions and reasonable notice, withdraw your consent. All communications with respect to such withdrawal or variation of consent should be in writing and addressed to our privacy officer. In addition, where we are permitted or required by law or regulatory requirements to do so, we may collect, use or disclose your personal information without your knowledge or consent.
8. How your personal information is protected
The Company endeavors to maintain physical, technical and procedural safeguards that are appropriate to the sensitivity of the personal information in question. These safeguards are designed to protect your personal information from loss and unauthorized access, copying, use, modification or disclosure.
9. How long your personal information is retained
Except as otherwise permitted or required by law or regulatory requirements, the Company endeavors to retain your personal information only for as long as it is necessary to fulfill the purposes for which the personal information is collected including, for the purpose of meeting any legal, accounting or other reporting requirements or obligations. We may, instead of destroying or erasing your personal information, make it anonymous such that it cannot be used to identify you as an individual.
10. Accessing and updating personal information
You may request access to the personal information that we hold about you. If you want to review, verify or correct your personal information, please contact our privacy officer using the contact information set out below. It is important that the information contained in our records is accurate. If your personal information changes, please inform us of such changes so that we can ensure the personal information is kept up to date. All requests for access or updates to your personal information must be made in writing and addressed to our privacy officer. When requesting access to your personal information, we may request specific information from you to enable us to confirm your identity and right to access, as well as to search for and provide you with the personal information that we hold about you.
Your right to access and the personal information that we hold about you is not absolute. There may be circumstances where we may not be able to fulfill your request to change your personal information and will instead append an alternative text to the record in question. There may also be instances where legal or regulatory requirements allow or require us to refuse to provide access to some or all the personal information that we hold about you. The personal information may have been destroyed, erased or anonymized in accordance with our record retention obligations and practices. If we cannot provide you with access to your personal information, we will endeavour to inform you of the reasons why, subject to any legal or regulatory restrictions.
11. Inquiries
If you have any questions on this Privacy Notice, please contact Dueane S. Dill our privacy officer at ddill@asl.bm or write us at Windsor Place, 22 Queen Street, Hamilton HM HX, Bermuda. We will endeavor to answer your questions and advise you of any steps taken to address the issues raised by you. If you are not satisfied with our response, you can contact Bermuda’s Privacy Commissioner. Any changes to this Privacy Notice will be effective at the time such changes are posted on our website.
Last updated December 2024