Data Protection and Privacy

30 September 2019 / version 1.0.3

Kirk Freeport is committed to protecting your privacy in line with the stated terms of the Cayman Islands Data Protection Law 2017 (‘DPL’). Kirk Freeport is also bound by the terms of Cayman Islands Anti-Money-Laundering Regulations 2018 (‘AML’) to retain information about certain transactions.

This Kirk Freeport Data Protection and Privacy page gives you a brief summary of the principles of the DPL, gives you information on when and why we collect your personal information, states our policy on how we use it and explains how we keep it secure. It also sets out your right to request that we delete, update, transfer or provide you with access to your personal information.

Note that any and all of the following may be blocked by other laws and regulations and by a lengthy list of exemptions built into the DPL itself.

The DPL enacts eight Data Protection Principles and, within that, eight Rights for Individuals.

Fair and Lawful Use principle – individuals should have a reasonable expectation of knowing what will be done with their information

Personal data shall be processed fairly, that means we should tell you what we collect and how we use it.

Kirk Freeport uses customer information collected to improve responsiveness and our general level of customer service, and to make our marketing more relevant.

In all cases we acquire only data that you have voluntarily consented to provide. In both sales and service situations, having basic customer information is usually supporting the contract between you and Kirk Freeport. In employment and pre-employment situations the information recorded includes elements dictated by labour and immigration Regulations.

Purpose Limitation principle – information collected for a specific reason should not be used for another.

Personal data shall be obtained only for one or more specified lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes.

Data Minimisation principle – only the minimum information needed for purpose should be collected.

Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are collected or processed. In general Kirk Freeport only keeps contact and transaction history information, however in the case of Account and VIP customers additional information may be held to further personalise communications. In our service department that contact information is associated with the customer’s interactions with the service desk. In stores the contact information is linked to historical sales; a returning customer should be able to request a copy receipt for insurance purposes.

Data Accuracy principle – information should be accurate and maintained so

Personal data shall be accurate and, where necessary, kept up to date. Our information usually originates from the customer, but we recognise circumstances change and we will make appropriate efforts to reflect any changes to information that are conveyed to us. Many interactions, especially at the service desk, are one-time-only, and that data is unlikely to be kept current.

Storage Limitation principle – information should be held for a period appropriate to the reason for which it was collected

Personal data processed for any purpose shall not be kept for longer than is necessary for that purpose. Because of the durability of the merchandise we sell we retain information to support the useful life of the product, the warranty period or even longer. Even for relatively fast-moving merchandise the returning customer wants to know what fragrance he bought last year, and for higher-value items we are often asked to provide details of purchases well after the event, for insurance claims.

Rights of Individuals principle – any processing of personal data must take the rights of the individuals into account

Kirk Freeport has obligations towards the individuals whose personal data is being retained or processed. We have to explain who is collecting it and when and what we are collecting, what your rights are regarding the data we hold, your rights to stop us using or holding the data, and your rights if we use or hold the data in a way that contravenes the DPL.

Right to be informed

The DPL defines a Data Controller who alone or jointly with others determines the purpose, conditions and manner in which personal data is processed. This website and all our stores and services are operated by Kirk Freeport Plaza Limited, Box 893, Cardinall Avenue, George Town, Grand Cayman KY1 1103; and Kirk Freeport is the Data Controller responsible for the personal information that we hold.

Kirk Freeport acquires data that is personal information as defined by the DPL in a number of ways

When you contact us by telephone or mail, or via one of the email addresses we publish;
When you register for an event or enter a contest or prize draw;
When you complete a survey, in store, online or otherwise;
When you apply for employment, or complete any forms for other purposes;
If we employ you either directly or otherwise we may retain personal information including sensitive personal information as required under Cayman Islands employment or immigration regulations;
When you are a frequent customer, to treat you as a VIP;
When you register online or in-store for newsletters or for information on your favourite brand names or by completing a customer preferences card or a vendor information card;
When you complete a purchase in one of our stores and provide your contact information. Kirk Freeport may ask for your name and personally identifiable information such as your email address and other contact information during some purchases; to assist in identifying items for warranty, reorder or after-sale service purposes. Such information is not used for general mailing but may be used to identify customers for promotional events of likely interest to them and to track customer interest and preferences. Such information is not mandatory unless the sale is of high value, for delivery overseas, or otherwise requires continuing contact;
When you purchase items of certain brands the vendor will require information to register the purchase for international warranty, and a vendor warranty card or other method of registration will be required for a valid warranty;
When you purchase brands where items bear unique serial numbers, the name of the new owner should be recorded against the serial number to assist us in identifying item purchases;
When a purchase or series of purchases involves large amounts of cash the purchaser name will be recorded on the sale and a Source of Funds form will be required per the Cayman Islands AMLR;
When you make a large purchase by any type of tender we may ask for photo-identification. This is both for our own protection and in the case of payment cards that of the cardholder;
When you bring an item into our customer service department for service or repair or any other reason, or drop off an item in store for the attention of our customer service department, Kirk Freeport will ask for contact information to ensure that the item being serviced is safely returned on completion;
When you visit our stores you may appear on security video;
When you visit our website we may use optional cookies to make the on-line experience better. You have the option to decline these;
When you maintain an account with us or are a tenant of one of our associated property companies, to ensure you are invoiced correctly;

In any of the above circumstances we may retain information that does not personally identify you, for statistical purposes. However we learned about you, Kirk Freeport will take good care of your information and everything that you share with us will be treated with the strictest confidentiality. Kirk Freeport recognises that you voluntarily provided us with information to help us do business with you, but it continues to be your information.

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Right of access

You have a right to know what data is held about you and receive information about how it is used. You may request a copy of all and any information about yourself, or correction of mistakes in that information, either by appearing in person or by writing to us, or by emailing DataProtection@kirkfreeport.com including a scanned photo id. Note that we have 30 days, starting from when we verify your identity, to respond to a valid request; but please refer to the DPL for the exceptions to what we are obliged to provide and to the time limit.

Right to rectification

If the information held by Kirk Freeport is inaccurate you have a right to have that information verified and corrected or removed. You will have to prove you are the person identified, but except where legally mandated otherwise or in our legitimate interest we will make the changes you require.

Right to Stop processing

You are entitled at any time, by notice in writing to Kirk Freeeport at the above address, to require us to cease processing, or not to begin processing, or to cease processing for a specified purpose or in a specified manner, your personal data. Within 21 days we will either comply or explain why we cannot comply. You may request removal of your identifiable information by using the ‘Forget Me’ link found in the footer of every page of this website or by emailing forgetme@kirkfreeport.com listing the name and email address under which we have contacted you. Removing your information might have the effect of making your purchases and customer service interactions harder to keep track of.

Right to Stop Direct Marketing

You are entitled at any time, by notice in writing to Kirk Freeeport at the above address, to require us at the end of such period as is reasonable in the circumstances, to cease, or not to begin, processing for the purposes of direct marketing personal data relating to the data subject. As well as writing to us, you may use the ‘Forget Me’ link on this website, or the ‘unsubscribe’ link on any marketing email. Note that signing up to a mailing list managed by one of the companies we represent might mean you have to unsubscribe on their website too.

Rights relating to Automated Decision making

Kirk Freeport does not use any automated decision-making as defined in the DPL. To use an example from another industry, imagine you use an online bank for a loan. You are asked to insert your data and the bank’s algorithm tells you whether the bank will grant you the loan or not and gives the suggested interest rate. You must be informed that you may express your opinion, contest the decision and demand that the decision made via the algorithm be reviewed by a person.

Right to complain

If you make a request for a copy of your personal data, or request that we stop processing or stop mailing, and we are unable or unwilling to comply within the period allowed by the DPL you have a right to complain to the Ombudsman.

Right to seek compensation

If you suffer damage by reason of our failure to comply with any requirement of the DPL you may seek compensation for that damage.

Security, integrity and confidentiality principle – only authorised people should have access

Kirk Freeport takes good care of your information and everything that you share with us is protected and treated with the strictest confidentiality. Information is only available to those employees who directly use it in their roles and is tailored to their use, and may be encrypted or obfuscated in some situations to avoid accidental exposure.

International Transfer principle – information should only be transferred to where equivalent principles and rights apply

Kirk Freeport will not export your information other than to a country where your rights are the same as or better than in Cayman, unless you have given your explicit consent or we are required to, either for legal reasons or to support a warranty.

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