External Privacy Notice
Last Updated: December 30th, 2024
Purpose and Scope
This Privacy Notice (“Notice”) applies to The MarketPlace Group of Companies (hereafter called “the Company”):
- The MarketPlace Hamilton
- The MarketPlace Shelly Bay
- The MarketPlace Heron Bay
- The MarketPlace Somerset
- The MarketPlace Victoria Street
- The MarketPlace Paget
- The MarketPlace Smith’s
- The Supermart Ltd
- Harrington Hundreds
- Price Rite Pembroke
- Price Rite Warwick
- Sears Bermuda
- Somers Supermart St. George’s
- Dollar Depot Somerset
- Dollar Depot Shelly Bay
- Dollar Depot Heron Bay
- Dollar Depot Hamilton
The protection of your personal information is important to us.
This Notice explains how we collect, use, disclose and protect your personal information and your choices about the collection and use of your personal information. It is important that you read this Notice in conjunction with any notices or statements that we may issue at the time of collecting your personal information where applicable. Such additional notices or statements supplement this Notice unless stated otherwise in such additional notice or statement.
References in this Notice to “we,” “us” or “our” are references to The MarketPlace Group of Companies.
What We Do
The MarketPlace Group of Companies is made up of full-service supermarkets, Specialty Gourmet retail, General Merchandise store, Appliance Store, and deep discount retail. We offer the finest selection of quality meats/seafood, grocery products, and a wide variety of fresh produce. Our Bowl and Basket/Paperbird product lines offer outstanding quality for an excellent value price. You will also find trusted brands in gourmet and international products throughout the stores. Finally, our friendly and experienced associates will make your shopping experience a genuine pleasure with freshly made food and outstanding service,
How does this Notice apply to me?
This Notice applies to the processing of personal information by the Company as a controller. This means we decide the purposes and means of the processing of your personal information for our business purposes.
What personal information do we collect?
Personal Information and Protection Act, 2016 (“PIPA”) defines ‘personal information’ as any information relating to an identified or identifiable person.
The personal information the Company collects will depend on the circumstances in which it is being collected and decided by your interaction with us, our clients, and other sources.
We will only collect personal information that we are lawfully allowed to collect. Personal information we may collect includes, but is not limited to:
|
Type of Personal Information |
Description of Personal Information |
|
Identity information |
Your title, first name, last name, maiden name, date of birth, gender, photograph, social insurance number, nationality and other information relating to residency and citizenship which may be needed to establish a right to work in Bermuda, marital status, and number of dependents. |
|
Contact information |
Your physical and email address and telephone numbers, emergency contact details. |
|
Historical information |
Your educational history and credentials, employment history, criminal background history, social media, skills and qualifications, and results from any other background and disclosure checks in countries where it is lawful to carry out such checks. |
|
Employment-related information |
Your current remuneration, pension, and benefits, what role you are looking for, what work-related areas interest you, third party references (if taken) and interview and assessment feedback created either by us or our client following an interview or assessment. |
|
Verification information |
A copy of your driving licence, passport, identity card or another form of identification, police checks, background checks and referee details. |
|
Financial information |
Your bank details and credit checks. |
|
Diversity information |
We may collect diversity information for governmental reporting purposes, which may include racial or ethnic origin, religious or other similar beliefs and physical or mental health, including disability-related information. |
|
Technical information |
Your internet protocol (IP) address, MAC address, your login information, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and location information. |
|
Profile information |
Your usernames applicable to accessing our services, interests as far as these are applicable to the services we provide to you and other preferences and other insights or determinants that we have gained from our analysis and profiling of you. |
|
Usage information |
How you use, interact, and navigate around our websites and what you browse within them. |
|
Marketing information |
Your preferences in receiving marketing from us and your communication preferences. |
|
Visa application information |
Your immigration history (including residency, immigration status and travel history), character disclosures (including offences, disclosures, and information relevant to meeting character requirements), health disclosures and information relevant to meeting health criteria. |
|
Video |
If video surveillance operates in or near our premises, we may capture images of you that were allowed by law. |
|
Children’s information |
Under PIPA, children’s information is considered any personal information for an individual under the age of 14 years. We may collect Name, Date of Birth, Education Institution enrollment details, physical address. |
Sensitive personal information
During the recruitment process or in the course of the services we use, we may collect personal information that is considered sensitive personal information. We will only collect sensitive personal information in accordance with PIPA, including if you have given your explicit consent to handle this type of personal information or where we are required by law to collect such personal information.
How we collect personal information
The ways that we may collect your personal information broadly falls into the following categories:
a) Information you provide us directly
We generally collect your personal information directly from you. For example, we collect your personal information when you:
- use our services,
- submit your CV for recruitment purposes, completing psychometric assessments or other assessments.
- deal with us in person or correspond with us whether online or offline, including by telephone, letter, email or via our websites.
- visit our offices or premises.
- submit request for action, support, or information, including giving us feedback via email or our website; or
- otherwise directly interact with us.
b) Information that we automatically collect about you
When you visit our website, we collect certain information automatically from your device depending on the settings of your device or browser to help us measure traffic, usage trends and information analytics that aid us in improving our websites and services. Some of this information may be collected using cookies and similar tracking technology, as explained further under section 12 (Cookies and other technology) of this Notice.
The information we collect automatically may include, IP address, location, browser type, and usage information about your activity on our websites, pages viewed and searches.
c) Information that we obtain from third party sources
We may obtain personal information about you from the following third-party sources:
- pre-employment screening and background checking organizations. We will only contact the references you have indicated during the application process and use of our services.
- our clients and their third-party suppliers.
- video footage when you visit our stores or premises.
- governmental and regulatory bodies, such as tax and social insurance authorities.
- third party suppliers, including other recruitment and employment agencies, job board providers and job aggregators and our managed service providers who are within our supply chain.
- analytics providers, such as Google Analytics and various job boards.
d) Publicly available sources
We may also collect your personal information from publicly available sources were permitted by the applicable laws in the jurisdictions we operate in, including:
- your identity and historical information from social media sites, such as LinkedIn, X (formerly Twitter) and Facebook.
- your identity and contact information from company and commercial registers; and
- your identity, from qualification and membership lists of professional bodies.
Who your personal information is shared with.
Subject to PIPA, we may show your personal information to:
- information processors of the Company.
- pre-employment screening and background checking organizations.
- your referees.
- your past employers and relevant education institutions.
- professional bodies you belong to or are accredited with.
- government and regulatory bodies, such as tax and social insurance authorities.
- to any other person or party with your express consent to disclosure; and
- third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may look to acquire other businesses or merge with them. If a change happens to our business structure, any new owners may use your personal information in the same way as set out in this Notice.
We do not allow our third-party service providers to use your personal information for their own purposes and only allow them to process your personal information for specified purposes and in accordance with our instructions, which includes compliance with this Notice.
Legal basis for processing personal information
We need a lawful basis pursuant to applicable law to collect, use and disclose your personal information where the Company is a controller. Our legal basis will depend on the information concerned and the context in which it is processed.
The Company will collect and use your information as follows:
|
Legal Ground |
Permitted Purpose |
|
Consent – where you have given us consent to use your personal information for one or more permitted purposes. |
For example:
|
|
Legal obligation – where we need to process your personal information to comply with a legal or regulatory obligation. |
For example:
|
|
Contractual necessity – where we need to process your personal information to perform and fulfil our obligations to you under the contract, we can enter or have entered with you. |
For example:
|
Depending on our relationship with you, we may rely on one or more of the above legal bases for processing your information.
Information retention
We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for or for as long as we have a valid purpose to do so, and in any case as permitted by applicable law, including to comply with any legal, accounting, auditing or reporting requirements.
We will appropriately and securely dispose of your personal information when it is no longer needed. To decide the proper retention period for personal information, we will consider the following factors:
- amount and nature of the personal information.
- its sensitivity.
- the potential risk of harm from unauthorized use or disclosure of personal information.
- the purposes for which we manage your personal information.
- whether we can achieve those purposes through other means; and
- applicable legal requirements.
Your rights
You may have the right under PIPA to ask that we take certain actions in connection with personal information that we may have about you. These rights may include:
|
Right |
Description of Right |
|
Right to be informed |
This is the right to be provided with clear, transparent, and easy to understand information about what personal information we collect about you, how we use and protect such information, including the third parties to whom we disclose it to, and your rights. This is why we’re providing you with the information in this Notice. |
|
Right of access |
You may be able to request a copy of your personal information and to obtain certain other information about how we manage and process it. |
|
Right to have correction |
You may be able to request modifications or corrections your personal information if it is inaccurate or incomplete. |
|
Right of erasure |
You may be able to request that we delete your personal information that we hold (also known as the “right to be forgotten”). This right is not absolute, and there are circumstances where we may need to continue processing your information despite a request for erasure. We do not delete personal information from our back-up files that are created for disaster recovery purposes and are not easily accessible. |
|
Right to object (blocking) |
You may be able to object to the processing of your personal information for certain purposes, in particular to personal information processed for direct marketing purposes and to personal information that is managed and processed for certain reasons based on our legitimate interests. |
|
Right to withdraw consent |
Where you have provided your consent to certain processing and no longer want us to use your information for that purpose (for example electronic marketing communications), you may withdraw your consent to this use at any time, although this will not affect the lawfulness of processing based on consent before its withdrawal. |
|
Right to complain |
You have the right to complain to us or to the Privacy Commission to the handling of your personal information. |
Please contact us in writing using our contact details set below in this Notice if you wish to exercise any of your privacy rights.
We will respond to all legitimate requests we receive from individuals wishing to exercise the privacy rights applicable to them in accordance with applicable information protection laws, including within any legal periods.
Where allowed by law, you may be charged a fee to access your personal information or to exercise any other privacy right that may apply to you. We will let you know if a fee applies to your request before we complete it.
We may also request certain information to help us verify your identity, ensure your right to exercise any of privacy rights in the table above and to prevent your personal information being shown to any person who has no right to receive it.
Your choices about marketing and advertising
You have the right to opt out of marketing communications that we send at any time. You can exercise this right by contacting us via our contact details below in this Notice.
Please note that:
- it may take us a brief period of time to remove your contact information from our marketing communications lists, so you may receive correspondence from us for a short time after you make your request; and
- opting-out of receiving marketing communications does not opt you out of receiving important business communications related to your current relationship with us, such as service announcements or security information.
12. Cookies and other technology
We use cookies and similar tracking technologies (collectively “Cookies”) to collect and use personal information about you when you visit and navigate our website.
Information security
We hold your personal information in a combination of secure computer storage facilities and paper-based files.
We have in place a proper level of security around your personal information, including protection against unauthorized or unlawful processing and against accidental loss, destruction, or damage to it.
We have implemented proper technical and organizational measures to ensure a level of security proper to the risk of harm that might result from unauthorized or unlawful processing, accidental or unlawful loss, destruction, or alteration, unauthorized (or disclosure of) access or damage to your personal information including:
- locks and security systems.
- encryption
- usernames and passwords.
- virus checking.
- auditing procedures and regular information integrity checks; and
- recording of file movements.
We limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They must only process your personal information on our instructions and subject to the access controls listed above. They are also subject to a duty of confidentiality.
We have agreed on security-related measures with the third parties we share your personal information with to ensure that it is treated by those third parties in a way that is consistent with how we safeguard your personal information.
We have also put in place procedures to deal with any suspected personal information breach and will let you know any applicable information protection authority where we are legally required to do so.
If you suspect any misuse, loss of or unauthorized access to your personal information, please contact us immediately using our contact details below.
Personal information storage and transfer
We may store and process your information, including personal information, in the countries in which we operate or any other country in which the MarketPlace Group of Companie service providers maintain facilities or employ staff. The Company may also need to transfer your personal information, contractors, service providers, and to third parties in various countries and jurisdictions around the world, including the UK and US. These countries may have information protection laws that are different to the laws of Bermuda (and, in some cases, may not be as protective). In each case, we take care to use proper safeguards to ensure your personal information remains protected.
If we do transfer Personal Information outside of Bermuda to a country that does not benefit from an adequacy decision by the Privacy Commission, we will make sure that proper safeguards are in place, for example by using approved contractual agreements. If requested, we will provide you with details of the safeguards that we have implemented.
Privacy policies of third parties
Our websites may contain links to other websites and services maintained by third parties. The privacy and information security practices of such third-party sites and/or services are determined by such third parties and governed by the privacy statements of those third parties, and not by this Privacy Notice.
This Notice explains how the MarketPlace Group of Companies manages your personal information. Please also read the privacy policies of the social media platforms and third-party websites through which you arrive at the Company website. We encourage you to read the privacy policies of these third parties before giving them your personal information.
Changes to this Notice
We may amend this Notice from time to time to reflect our current practices and ensure compliance with applicable laws. When we update our Privacy notice, we will take appropriate measures to inform you consistently of the significance of the changes we make. If we make changes to this Notice, we will revise the “Last Updated” date at the top of this Notice. We recommend that you visit this page from time to time to keep up to date with any changes.
How to contact us
If you have questions about this Notice, our privacy practices, or if you would like to submit a request exercising your privacy rights, please contact us:
Privacyoffice@marketplace.bm
Mrs. Ronnette Burgess – Privacy Officer