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Privacy Notice

Last Updated: 1 November 2024

Bermuda Realty Company Limited (trading as Coldwell Banker Bermuda Realty) (“Bermuda Realty”, “us” or “we”) is a leading full-service real estate company in Bermuda that offers real estate services, commercial, residential and condominium property management services, and land survey and property appraisal services.

Bermuda Realty operates this website for the purpose of providing information and services concerning its business. Bermuda Realty is committed to protecting the personal information that it receives in the course of that business in full compliance with Bermuda’s Personal Information Protection Act 2016 (“PIPA”).

This Privacy Notice provides information about how Bermuda Realty gathers and uses personal information, that is requested and provided by you through our website, the types of information and data we collect and hold, who it is shared with and how long we retain your personal information. It also informs you of certain rights you have regarding your personal information under PIPA.

By using our website, you agree to the collection and use of information in accordance with this Privacy Notice, as well as all applicable laws and regulations. We may update this Privacy Notice from time to time. Please check this page regularly when using our website to ensure that you are aware of any changes.

Our website is a general audience site and is not intended for or directed to children under the age of 16. If you are under 16, please do not provide your information to us online and call us at 1-441-292-1793 for assistance.

We do not verify the age of our website users nor do we have any liability for verifying a user’s age. If we discover that a child under the age of 16 has created an account on our website, we will immediately delete the account as soon as we discover it, we will not use the information for any purpose, and we will not disclose the information to third parties. We are not legally liable for any transactions created or executed by a child on our website. This is the legal responsibility of the child’s parent or guardian.

Types of Information Collected

Typically, the information collected when you visit our website as a visitor/passive browser is limited to non-personal information. However, when you use our website to subscribe to our newsletter or create a profile you will be asked to provide us with certain personal information that can be used to contact or identify you. Such information may include but is not limited to your name, contact details (phone number, address, e-mail address).

Bermuda Realty will not collect sensitive personal information through our website, however, once you have engaged our services, we may in certain instances be required to collect sensitive personal information from you. In these instances, your express consent will be requested and required, and this should be provided directly to the Bermuda Realty staff member or representative with whom you are dealing.

How is Your Personal Information Collected and Used?

Our website does not automatically collect your personal information. It requires you to opt-in to provide personal information to us.
We use the information we receive about you from our website as follows:

  • Customising Our Website – We may use the personal information you provide to us along with any computer information we receive to customise our website and create a better user experience.
  • Sharing Information with Affiliates and Other Third Parties – We do not sell, rent, or otherwise provide your personal information to third parties for marketing purposes. We may provide your personal information to affiliates that provide services to us with regards to our website (i.e. payment processors, website hosting companies, etc.); such affiliates will only receive information necessary to provide the respective services and will be bound by confidentiality agreements limiting the use of such information.
  • Data Aggregation – We retain the right to collect and use any non-personal information collected from your use of our website and aggregate such data for internal analytics that improve our website and services as well as for use or resale to others. At no time is your personal information included in such data aggregations.

PIPA does not place a general requirement on us to obtain your consent for the collection, use or disclosure of personal information. However, to the extent that your consent is required, we are permitted to take your actions as consent to use your personal information for the purposes set out in this Privacy Notice.

We understand that your consent must be given freely, and that you have the right to withdraw your consent at any time. You can opt-out of receipt of further email correspondence from us and/or our affiliates, by clicking the unsubscribe link at the bottom of our emails or by written notice to our Privacy Officers. Please be aware that we may require you to provide proof of identity in order to fulfil these requests.

Disclosure of Personal Information

We may need to disclose your personal information to employees, consultants, sub-contractors or other third parties who require such information to assist us with establishing, managing or conducting our business and providing our services to you.

When we share personal information with such persons, we require that your personal information is used in a manner that is consistent with the use and disclosure provisions of this Privacy Notice.

In certain circumstances third parties may be located outside Bermuda, and your personal information may be collected, used, processed, stored or disclosed overseas. Personal information is only transferred by us to overseas third parties, if the transfer meets the requirements of PIPA in respect of overseas transfers. For more information on our policies for safeguarding overseas third party transfers of personal information please reach out to the Privacy Officers.

Protection and Retention of Personal Information
Our website has security measures in place to protect against the loss, misuse or alteration of information under Bermuda Realty’s control. Bermuda Realty uses its best efforts to ensure that your personal information is secure, however, please remember that no method of transmission on the internet or method of electronic storage is completely fail-safe.

We endeavor to ensure that your personal information is kept up to date and is not kept for longer than is reasonably required for the purposes for which we use that information, including satisfying any accounting, audit, regulatory or reporting requirements, or as otherwise required by law.

To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

Bermuda Realty has procedures in place for the secure erasure, blocking and destruction of your personal information.

Your Rights

We recognise that individuals have specific rights conferred on them by PIPA, including:

  1. the right to access personal information about the individual in the custody or under the control of Bermuda Realty;
  2. the right to be informed about the purposes for which personal information has been and is being used by Bermuda Realty;
  3. the right to know the names of the persons or types of persons to whom and circumstances in which the personal information has been and is being disclosed;
  4. the right to access personal information of a medical or psychiatric nature relating to the individual;
  5. the right to make a written request to Bermuda Realty to correct an error or omission in any of the personal information which is under the control of Bermuda Realty;
  6. the right to request Bermuda Realty to cease, or not to begin, using 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 the individual or to another individual;
  7. the right to request that Bermuda Realty erase or destroy personal information about the individual where that personal information is no longer relevant for the purposes of its use;
  8. the right to restrict the processing of the individual’s personal information;
  9. the right to be informed of a personal information breach (unless the breach is unlikely to be prejudicial); and
  10. the right to complain to the Privacy Commissioner.

How to access your personal information?

You can request access to your personal information by submitting a Data Subject Access Request to the Privacy Officers. In order to obtain a copy or examine personal information you must make the request in writing to Bermuda Realty, which can be provided in email to the Privacy Officers at the contact details below or by hand to Bermuda Realty to the attention of the Privacy Officers.

Changes to This Privacy Notice

The Company may from time to time update this Privacy Notice to reflect changes in its legal or regulatory obligations or a change in how we deal with, or the purposes for which we collect, your personal information. Any changes to this Privacy Notice will be effective from the time they are published on our website.

Questions
Should you have any questions about this Privacy Notice, our Privacy Policy or should you wish for us to update, amend, block, erase, or destroy your personal information, please contact one of our Privacy Officers:

By email to:

  • Chad Booth – finance@brcl.bm; or
  • Susan Thompson – sthompson@brcl.bm
  • By phone: 441-292-1793
  • By hand addressed to Attention: Privacy Officer at Coldwell Banker Bermuda Realty, Atlantic House, 11 Par-la-Ville Road, City of Hamilton, Bermuda.

There may be circumstances where applicable law or regulatory requirements allow or require us to refuse to provide access to some or all of the personal information that we hold about you. In the event that 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.

The terms used in this Privacy Notice are based on the requirements and recommendations of the Bermuda Office of the Privacy Commissioner. If you are concerned about the way we have handled your personal information or upheld your rights, you can request a review or initiate an inquiry with the Privacy Commissioner. The contact information for the Privacy Commissioner is privcom@privacy.bm.

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