Bermudiana Privacy Policy | Your Rights Protected

Last Updated: January, 2019

Bermudiana Development Company Limited (“BDC,” “we,” “our,” or “us”) respects the privacy of (a) visitors to our website, (b) users of our software applications, products, and services, and (c) registered users of an account with our website and services (“Website”).

When you access, browse, or use the Website, information will be collected, transferred, processed, stored and disclosed in accordance with this privacy policy (“Policy”). This Policy governs the information collection and disclosure practices for the Website. By accessing, browsing, or using the Website, including registering an account with our services, you expressly consent to the collection, transfer, use, processing and storage of your information (including personal information), as described in this Policy. IF YOU DO NOT AGREE WITH THIS POLICY OR THE INFORMATION COLLECTION, USE, AND DISCLOSURE PRACTICES DESCRIBED IN THIS POLICY, DO NOT USE THE WEBSITE OR REGISTER AN ACCOUNT.

BDC is an indirect subsidiary of Bermuda Housing Corporation (“BHC”).

If you have any questions about our privacy practices, please refer to the end of this Policy for information on how to contact us.

Purpose and legal basis for processing

When you provide us with your information on the “Contact Us” page we will use it for the purposes of administering your query and responding to you. We therefore have a legitimate interest in processing your personal data in this way.

When you make a reservation through BDC, we will process your personal data to complete the transaction and communicate with you in order to perform the requirements of the contract to which we are both a party in relation to that transaction.

Information Collection Practices

In General: When you visit a web site without registering, you can browse without submitting personal information about yourself. If you register for an account within the Website or to access the Website, we will collect some personally identifiable information from you, including your full name, username, email address, and a password that you select. When you interact with the Website, we also receive and store certain additional types of information which, in general, do not directly identify you. For example, we automatically receive and record information on our server logs [from your browser or device including your IP address, browser type and language, referring/exit pages and URLs, other browser history, device type , platform type, number of clicks, landing pages, cookie information, the pages you requested and viewed, the amount of time spent on particular pages, and the date and time. This Section of the Policy outlines the various ways that information is collected from the Website. Please fully review this Policy before you use the Website or submit information to us. When you provide personal information through our Website, the information may be sent to servers located in the United States and other countries around the world.

Information you provide: When you register for an account (“Account”), you will be asked to provide some personally identifiable information, including When you register for an account (“Account”), you will be asked to provide some personally identifiable information, including identifying information, such as your name, address, email address, telephone number and fax telephone number, and, if you transact business with us, financial information such as your payment method (valid credit card number, type and expiration date or other financial information). We also may request information about your interests and activities, your gender and age, and other demographic information. If you make a reservation for someone else through our Website, you will need to submit that individual’s personal information. You must obtain the consent of other individuals prior to providing us with their personal information, as any access to view or modify their information will be available only through your Account on our Website. The collection is necessary to provide you with access to the Account. When you register an Account and log in to the Account you must provide your current, complete, and accurate information. It is your responsibility to keep your information up to date. We are not responsible for any problems, interruptions in access, or liability that may arise if you do not give us complete and accurate information or if you fail to update your information so that it is current. In general, we will retain your information indefinitely, or as long as legally required or allowed. If you cancel your Account or your Account is otherwise terminated, we may but are not obligated to, delete information we have collected or obtained from third parties and we may continue to use and disclose it in accordance with this Policy.

If you send us personal correspondence, such as emails or letters, contact us via telephone, or if other users or third parties send us information about your use of the Website, services or offerings, we may save the information in a profile specific to you. We also collect feedback, questions and information that you provide to us for customer support, surveys and testimonials. We will collect and use any data files you send to us for troubleshooting and improving our Website, services or offerings. When you contact us, phone conversations or chat sessions with our representatives may be monitored and recorded in order to improve our Website, and facilitate the processing and resolution of your request or complaint.

Information from other sources: We may also periodically obtain both personal and non-personal information about you from other BDC subsidiaries (if allowed by the privacy policy of such subsidiary), business partners, contractors and other third parties and add it to our account information or other information we have collected. Examples of information that we may receive include: updated address information, reservation history, and additional demographic information. As another example, if you access third party services, such as social media services, through our Website or before coming to our Website, we may collect information such as your user name and other information made available to us through those services. We may also collect content that you provide to be published on those social media services, such as your likes and your social media activities, like check-ins or tweets. We also collect such other information as you and the social media service provide to us, including information regarding or provided by your friends. This includes, for example, check-ins, events, travel wishes, interests, posts, locations, and photos (including photos you or your friends have been tagged in). Sharing content on to a social media service may lead to it being shared to your friends (or contacts on those networks). This helps us improve the information’s overall accuracy and completeness, and also helps us better tailor our interactions with you.

Location Information and Other Information from Devices: We will collect some information about you and any product or device you use to access or use the Website automatically using a variety of technologies. In general, automatically collected information about use of the Website does not directly identify you and the information may include your diagnostic log information, IP address, browser type and language, referring/exit pages and URLs, other browser history, platform type, number of clicks, landing pages, cookie information, the pages you requested and viewed, the amount of time spent on particular pages, and the date and time. We collect this information for the purposes described in this Policy, including to better understand our customer base and to improve the quality of our Website, services or offerings. When you access our Website from a device, we may collect information about your location if you have instructed your device to send such information via the privacy settings on that device. You can change the privacy settings of your device at any time in order to turn off the functionality that shares location information and/or the functionality to tag your photos with location information. If you have any questions about the privacy settings of your device, we suggest you contact the manufacturer of your device or your mobile service provider for help.

Automatically Collected Information: We use various technologies to collect information from your computer and about your activities on our Website. We use cookies to provide our visitors with a tailored user experience. The cookies we use will never store personal information such as your credit card information on your computer or mobile device. The use of Persistent and Session cookies significantly extends the capabilities of our site and enables features such as “Remember Me”.

What are Cookies?

Cookies are small unobtrusive, text files that may be used to store information on your computer. Our third-party analytics provider uses cookies to record information about your activities on the Website to “remember” you when you return to the Services. Some cookies remain on your computer or device until you delete them. Others, like session ID cookies, expire when you close your browser. This allows us to recognize your computer and helps our Website understand certain information allowing us to customize the experience during your visit. Session cookies and Persistent cookies are the two types of cookies used.

Session cookies allow you to navigate through the Website without having to re-enter pertinent session information. These cookies are essential to site functionality and will be automatically deleted from your computer when you leave our Website by closing your browser or navigating to another website.

Persistent cookies are used to recognize you as a visitor and remember certain information about your preferences. These cookies will be stored on your computer until they expire or are manually deleted. Persistent cookies are considered non-essential to site functionality.

Third Party Partner and Online Advertising Cookies

To improve the user experience, we may allow carefully selected service providers to enrich the content of the Website or to provide additional services to our visitors. When you navigate to these areas of the Website you may be presented with cookies from these providers as outlined here by HubSpot. We have no control over these cookie sets and assume no responsibility for their use. We recommend that when you visit these areas, you review these providers’ privacy and cookie policies where applicable.

Online Advertising

From time to time we may use Doubleclick by Google or other online advertising suppliers to provide us with statistical data based upon ad clicks for the purpose of serving targeted advertising offering additional products or services to our customers and users. Please click here to find out How Doubleclick uses cookies.

Managing Your Cookies

You may set your browser setting to attempt to reject cookies and you may still use the Website. Should you choose to block our cookies, some parts of the Website may not be fully functional and in some cases will not be accessible. For more information on how to manage your browser cookie settings or how to delete cookies on your hard drive, visit www.aboutcookies.org or use your browser’s help section.

What are Pixels?

Pixels are tiny graphics with a unique identifier that are used to track the online movements of web users. Unlike cookies, which are stored on a user’s computer hard drive, pixels are small graphics that are about the size of the period at the end of the sentence that are embedded invisibly on web pages or in HTML-based emails. Our third-party analytics provider may place pixels on our Website that track what other websites you visit (both before and after visiting the Services). Our third-party analytics provider uses information obtained from pixels to help us improve our business and the Website, services, and offerings. We do not control the use of pixels by third parties.

How we use the information we collect

In General. We may use information that we collect about you to:

operate, maintain, and improve the Website (including providing you a more personal experience);
communicate with you related to your Account or in response to your inquiries or requests;
provide you information about products and services (including products and services of third parties);
process your reservation and perform services that you have requested;
collect fees owed;
manage your account and provide you with customer support;
resolve complaints and disputes;
detect and protect against errors, fraud, and criminal activity;
assist law enforcement;
perform or conduct market research and analysis about your use of, or interest in, our products, services, or content;
with your consent, communicate with you by email, postal mail, telephone and/or mobile devices about products or services that may be of interest to you either from us, another BDC subsidiary or third parties. You may not opt-out of receiving service-related messages that are not promotional in nature. We may also send you marketing emails, surveys, or newsletters to notify you about products or services that may be of interest to you. If you would like to stop receiving marketing emails from us, please click on the unsubscribe link at the bottom of any marketing email you receive. If you opt-out, you will continue to receive service-related emails;
with your consent, develop and display content and advertising tailored to your interests on our site;
verify your eligibility and deliver prizes in connection with contests and sweepstakes that you have entered which may be subject to additional terms and conditions;
detect and protect against errors, fraud, and criminal activity;
enforce this Policy and any terms related to our Website;
manage our business; and
perform functions and any other purposes described in this Policy or as otherwise described to you at the time of collection.

With whom we share your information

We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on our Website or while using our services.

Personal information. We do not share your personal information with others except as indicated below or when we have your consent. We may share personal information with:

Authorized service providers: We may share your personal information with our authorized service providers that perform certain services on our behalf. These services may include processing reservations, processing credit card payments, providing resort services, delivering packages, providing customer service and marketing assistance, performing business and sales analysis, supporting our Website functionality, and supporting contests, sweepstakes, surveys, employment placement and other features offered through our Website. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.
Business partners: If you make reservations or purchase other products on our Website which are provided by third parties (such as airline, car rental, travel insurance or activity providers), we may need to provide your personal information to these business partners. Sharing this information with our business partners allows them to contact you using the email address or other contact information you provided to obtain additional information about you or your travel plans, to facilitate your travel reservations, or for other purposes consistent with the practices described in their privacy policies and terms of use.
Social Media Services: You can choose to access certain third party social media websites and services through our site. When you do so, you are sharing information with those sites, the information you share will be governed by their privacy policies, and you should familiarize yourself with the third party site’s privacy policy and practices before sharing. You may also be able to modify your privacy settings with these third party social media websites.
Other Situations. We also may disclose your information: In response to or in connection with any judicial proceeding, subpoena, legal process or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency served on us; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our Website terms and conditions or other agreements or policies.
In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.

Any third parties to whom we may disclose personal information may have their own privacy policies which describe how they use and disclose personal information. Those policies will govern use, handling and disclosure of your personal information once we have shared it with those third parties as described in this Policy. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third parties. These entities or their servers may be located either inside or outside the United States.

We cannot ensure that all of your personal information will never be disclosed in ways not otherwise described in this Policy. For example, we may be required to disclose personal information to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse your personal information that they collect from the Website. No transmission of data over the internet can be 100% secure.

Aggregated and non-personal information. We may share aggregated and non-personal information we collect under any of the above circumstances. We may also share it with our affiliated companies and third parties to develop and deliver targeted advertising on our Websites and on websites of third parties. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our clients the number of visitors to our Website and the most popular resorts, features or services accessed. This information does not contain any personal information and may be used to develop website content and services that we hope you and other users will find of interest and to target content and advertising.

Third-party websites

There may be places on our Website where you may click on a link to access other websites that do not operate under this Policy. For example, if you click on an advertisement on our Website, you may be taken to a website that we do not control. These third-party websites may independently solicit and collect information, including personal information, from you and, in some instances, provide us with information about your activities on those websites. We recommend that you consult the privacy statements of all third-party websites you visit by clicking on the "privacy" link typically located at the bottom of the webpage you are visiting.

Please note that while we will protect your information on BDC owned and operated Websites, we cannot control and will not be responsible for the privacy policies of third party websites, including websites owned or controlled by independent owners’ associations, vendors, service providers, or travel providers that may have a business relationship with BDC, or other websites not controlled or authorized by BDC.

European Data Subjects

If you reside in the EU you may be entitled to a number of other rights under the GDPR. These rights are summarized below. We may require you to verify your identity before we respond to your requests to exercise your rights. If you are entitled to these rights, you may exercise any of these rights with respect to your personal information that we collect and store. Data protection laws in the EU (including but not limited to the GDPR) give individuals in the EU a number of rights in respect of their data, including:

Withdraw consent at any time where we are relying on consent to process your personal information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent;

Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it;

Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected, though we may need to verify the accuracy of the new information you provide to us;

Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have successfully exercised your right to object to processing, where we may have processed your information unlawfully or where we are required to erase your personal information to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request;

Request the transfer of your personal information to you or to a third party. We will provide to you, or a third party you have chosen, your personal information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you;

Request restriction of processing of your personal information. This enables you to ask us to suspend the processing of your personal information in the following scenarios: (a) if you want us to establish the information’s accuracy; (b) where our use of the information is unlawful but you do not want us to erase it; (c) where you need us to hold the information even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your information but we need to verify whether we have overriding legitimate grounds to use it;
Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

You may exercise these rights free of charge. These rights will be exercisable subject to limitations as provided for by GDPR. We will forward all requests to exercise data subject rights regarding personal information to the Plan Sponsor on behalf of which we are processing the personal information. Because the Plan Sponsor is the controller of your personal information, the Plan Sponsor may respond to your data subject request rather than us. Any requests to exercise the above listed rights may be made to: info@BermudianaDevCo.com.

European Data Retention

We will only retain your personal information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

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 unauthorized 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.

How we protect your personal information

We take appropriate security measures (including physical, electronic and procedural measures) to help safeguard your personal information from unauthorized access and disclosure. We want you to feel confident using our Website to transact business. However, no system can be completely secure. Therefore, although we take steps to secure your information, we do not promise, and you should not expect, that your personal information, or other communications will always remain secure. Users should also take care with how they handle and disclose their personal information and should avoid sending personal information through insecure email. Please refer to the Federal Trade Commission's website at http://www.ftc.gov/bcp/menus/consumer/data.shtm for information about how to protect yourself against identity theft.

Bulletin boards and reviews

In the future, we may provide areas on our Website where you can post information about yourself, as well as post reviews of resorts, vacation activities, tours and the like, or upload content (e.g. pictures, videos, audio files, etc.). Such postings may appear on other websites or when searches are executed on the subject of your posting. Also, whenever you voluntarily disclose personal information on publicly-viewable web pages, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information.

User Content

By submitting, uploading or granting permission on social media to use your photos, text, graphics, audio, video, location information and comments ("Content"), you represent and warrant that you are at least 18 years old and own all rights to the Content, including all rights of copyright, that you hereby give BDC the unrestricted rights to use Content in perpetuity in any form, channel or medium and for any purpose, that you release all claims whether known or unknown arising from BDC’s use of the Content and that you agree to indemnify, defend and hold BDC and its affiliates harmless from any claim that BDC use of the Content infringes on the rights of, or causes injury to, any third party. BDC shall have the right to determine in its sole discretion whether to use, and shall have no obligation to use, the Content, which it may delete or remove it at any time for any reason or for no reason. You may revoke the granting of rights to BDC by submitting a request to info@BermudianaDevCo.com. BDC will process your request as soon as possible.

Children's privacy

Our primary audience is adults. We do not intend to and will not knowingly collect any personal information from children under the age of 13. Children under the age of 13 are prohibited from using the Website without their parent’s or guardian’s supervision and consent. If we learn that we have collected information from a child under the age of 13, we will remove that information immediately and delete it from our servers (subject to applicable law and this Policy). If you believe Content from a child under the age of 13 has been posted to the Website, please contact us using the contact information in the How to contact us section at the bottom of this Policy. We also recommend that children over the age of 13 ask their parents for permission before sending any information about themselves to anyone over the internet.

If you are a California resident who is under age 18 and you are unable to remove publicly available content that you have submitted to us, you may request removal by contacting us using the contact information in the How to contact us section at the bottom of this Policy. When requesting removal, you must be specific about the information you want removed and provide us with specific information, such as the URL for each page where the information is located, so that we can find it. We are not required to remove any content or information that: (1) federal or state law requires us or a third party to maintain; (2) was not posted by you; (3) is anonymized so that you cannot be identified; (4) you don’t follow our instructions for removing or requesting removal; or (5) you received compensation or other consideration for providing the content or information. REMOVAL OF YOUR CONTENT OR INFORMATION FROM THE WEBSITE DOES NOT ENSURE COMPLETE OR COMPREHENSIVE REMOVAL OF THAT CONTENT OR INFORMATION FROM OUR SYSTEMS OR THE SYSTEMS OF OUR SERVICE PROVIDERS. We are not required to delete the content or information posted by you. Our obligations under California law are satisfied so long as we anonymize the content or information or render it invisible to other users and the public.

California Residents - California Shine the Light Law

If you are a resident of California, in addition to the rights set forth in this Policy, you have the right to request information from us regarding the manner in which we share certain categories of personal information with third parties for their direct marketing purposes. California law gives you the right to send us a request at a designated address to receive the following information:

the categories of information we disclosed to third parties for their direct marketing purposes during the preceding calendar year;
the names and addresses of the third parties that received that information; and
if the nature of the third party's business cannot be determined from their name, examples of the products or services marketed.

We may provide this information in a standardized format that is not specific to you. The designated email address for these requests is info@BermudianaDevCo.com.

Notice to users outside the United States

BDC is based in Bermuda. If you are visiting our Website from outside Bermuda, please be aware that your information may be transferred to, stored, and processed in Bermuda where our servers are located and our central database is operated. The data protection and other laws of Bermuda and other countries might not be as comprehensive as those in your country. In accordance with and as permitted by applicable law and regulations, we reserve the right to transfer your information, process and store it outside your country of residence to wherever we or our third party service providers operate. By using our services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this Policy, and that those facilities may be located outside of the EU.

No Rights of Third Parties

This Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the Website.

Dispute Resolution

To the maximum extent permitted by applicable law, this Policy, and any dispute, claim, or cause of action (whether in contract, tort, or statute) that may be based upon, arise out of, or relate to this Policy, will be governed by, and enforced in accordance with, the internal laws of Bermuda, including its statute of limitations. Unless prohibited by applicable law, you agree that all such disputes must be settled only through binding arbitration that will be subject to the Federal Arbitration Act and not any state arbitration law. Arbitration shall be conducted by one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”) and will be governed by the AAA’s Commercial Arbitration Rules. YOU UNDERSTAND THAT BY AGREEING TO THIS POLICY, YOU ARE AGREEING TO GIVE UP YOUR RIGHT TO GO TO COURT OR HAVE A JUDGE OR JURY HEAR ANY DISPUTE THAT MAY ARISE BETWEEN YOU AND US. YOU ALSO HEREBY WAIVE ANY RIGHT YOU MIGHT HAVE TO RESOLVE ANY DISPUTE ON ANY BASIS (INCLUDING, BUT NOT LIMITED TO A CLASS ACTION BASIS) INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED. YOU AGREE THAT THIS ALSO MEANS THAT THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. All arbitrations shall be conducted solely based on written submissions or, if the damages you claim exceed the amounts that could otherwise be brought in small claims court, a telephonic hearing, unless the arbitrator deems a face-to-face hearing is appropriate, in which case one will be held in Bermuda. The arbitrator’s ruling is binding and confidential. You shall be responsible for your attorneys’ fees and other costs in bringing any claim against us, including all costs associated with the arbitration, and we shall be responsible for our own such costs. Notwithstanding the preceding, you agree that claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of intellectual property rights are not required to be arbitrated, but such claims must be brought exclusively in the state or federal courts located in Bermuda, and each of you and us hereby consents to the jurisdiction of those courts. Actions seeking equitable relief (including injunctive relief) are also not required to be arbitrated, and each of you and us may enforce any provision of this Policy by seeking equitable relief (in addition to all other remedies available to it, subject to the limitations contained herein) without the need to prove the inadequacy of monetary damages or to post bond or other security.

Changes to this Policy

We will occasionally update this Policy to reflect changes in our practices and services. When we post changes to this Policy, we will revise the "last updated" date at the top of this Policy. If we make any material changes in the way we collect, use, and/or share our users’ personal information, we will notify you by posting notice of the changes on our Website or by emailing you to the e-mail address specified in your account. We recommend that you periodically check our Website and this Policy from time to time to inform yourself of any changes in this Policy or any of our other policies.

How to contact us

If you have any questions about this Policy or our privacy practices, please contact us by email at: info@BermudianaDevCo.com or postal mail as follows:

Customer Relations

Bermudiana Beach Resort,

2 South Shore Crescent,

Warwick,

WK O8,

Bermuda