Gosling’s Limited – General Privacy Notice

This privacy notice describes how the Gosling’s Group of Companies, including Gosling’s Limited, Gosling Brothers Limited, and Gosling’s Export (Bermuda) Limited (collectively, “Gosling’s”, “we”, “our” or “us”) may collect, hold, use and disclose your personal information. This privacy notice explains how we collect, use and safeguard your personal information when you interact with our services. We have a separate privacy notice for our employees and other personnel.

Gosling’s is responsible for any personal information that is used by us in Bermuda. This privacy notice is intended to provide individuals with clear and easily accessible information about our practices and policies with respect to personal information and is intended to comply with the requirements of the Personal Information Protection Act 2016 (“PIPA”).

This privacy notice does not form part of a contract (if any) with Gosling’s and does not confer any contractual right on you, or place any contractual obligation on us. We may update or otherwise amend this notice at any time. 

Definitions

  • “Personal information” means any information about an identified or identifiable natural person.
  • “Use” or “using”, in relation to personal information, means carrying out any operation on personal information, including, but not limited to: collecting, holding, organising, altering, transferring, disclosing, combining, blocking, erasing or destroying it.
  • “Website” means https://goslingslimited.com/ and/or https://goslingsrum.com 

How we collect your personal information

Most of the personal information that we hold will have been provided by you (for example, when purchasing our products in person at our retail locations, using our Website, over the telephone or by email). The information in this privacy notice is an addition to any information provided to you at the point of collection.

We may also collect your personal information from various other sources including third parties (for example, Shopify). We may also collect your personal information through our systems, including our IT and email systems, security and CCTV systems (as described later in this privacy notice). 

Your personal information that we use

Gosling’s may directly and indirectly collect and use the following types of personal information:

  • Customer Information (e.g. name, address, phone number, email address, date of birth, credit card information, bank account and payment information, purchase and transaction history, driver’s licence or passport, flight/cruise information (for duty free sales operations))
  • Website Information (e.g. cookies, IP address, device type, browser type)
  • Images/photographs (e.g. images of customers (and occasionally other individuals) engaging in promotional activities)
  • Security and monitoring information (e.g. CCTV footage) 

How we use your personal information

It is important to us that we use your personal information in a lawful and fair manner.

We use or may use your personal information: (i) where it is necessary in the context of your present, past or potential employment relationship with us; (ii) to perform a contract with you (and/or to prepare to enter into a contract with you); (iii) where it is publicly available and will be used for a purpose that is consistent with the purpose of its public availability; (iv) to respond to an emergency that threatens the life, health or security of an individual or the public; and/or (v) where it is necessary in order for us to comply with a provision of law that authorises or requires such use.

Some examples of how we use your personal information include:

  • To process your orders and manage your account
  • To communicate with you about your orders, products, services and promotions
  • To improve our products, services and overall customer experience
  • To monitor (as appropriate) Gosling’s IT and communications systems, and for security purposes
  • To comply with legal and regulatory requirements
  • Where otherwise reasonably necessary for Gosling’s legitimate business purposes

We may ask for your consent to certain uses which are not otherwise justified under one of the above bases. We shall provide clear, prominent, easily understandable, accessible mechanisms for you to give consent in relation to the use of your personal information, unless it can be implied from your conduct that you consent to the use of your personal information for the intended purposes that we have notified you of. Where consent is given, it may be withdrawn by you at any time, but this will not impact on any other lawful basis for use relied on by Gosling’s. In some cases your refusal may mean that we are unable to provide our services to you as Gosling’s will not have the personal information we believe necessary for the effective and efficient management of our relationship with you.

Where you provide to us personal information of a third party (e.g. friends or relatives), you must be authorised to share such personal information with us and we presume that you have obtained the individual’s consent where applicable.

We will keep your personal information no longer than is necessary for the purpose of its use, including in accordance with any statutory or regulatory requirements and our record retention policies. A limited and reasonable amount of information may be kept for archiving purposes. 

Providing your personal information to others

Your personal information will only be used and disclosed as permitted by applicable law. Generally, any personal information collected by Gosling’s will remain under our custody and control, and will only be accessed and used by appropriate individuals in accordance with our access protocols (e.g. on a ‘need to know’ basis). We may share your personal information with the following:

  • Our service providers (e.g. Shopify) and other third parties (e.g. Spil Creative, Inc. and Oakpool, Llc.) with which we have a business relationship
  • Our employees (where there is a legitimate reason for sharing your personal information in accordance with our policies and procedures and in light of their role) and systems administrators
  • Other third parties, where directed by you
  • Our legal counsel, banks and financial institutions, auditors, consultants and other professional advisors
  • Government or regulatory authorities if required by applicable law 

Your personal information may also be accessed by third parties whom we work together with in connection with IT services (e.g. hosting, supporting and maintaining our IT systems). Your personal information may also be shared with certain interconnecting systems (for example, our CRM system). Data contained in such systems may be accessible by providers of those systems, their associated companies and sub-contractors.  

International transfers of your personal information

Where your personal information is transferred to a third party located outside of Bermuda, we will take steps to ensure that your personal information is adequately protected and transferred in accordance with any applicable data transfer requirements. 

Security safeguards that we use

We will take reasonable steps and adopt appropriate safeguards against risk (including physical and IT based security measures and controls) proportional to the potential harm, sensitivity and context of the personal information which comply with applicable laws to protect your personal information against loss, unauthorized access, destruction, use, modification, disclosure or other misuse. Access to your personal information is also restricted to authorised employees and agents who require access for a permitted purpose to perform their employment functions, and whom have been advised as to its proper handling. 

Website, Cookies and Monitoring Technologies

When you use our Website, we use cookies and other similar technologies to enhance your browsing experience, analyse site traffic and personalize content. Cookies are small data files stored on your device that allow us to recognize your preferences and improve user experience. You can control cookie preferences through your browser settings. Our Website may contain links to third party sites and services that are not operated by Gosling’s. We are not responsible for the privacy practices or content of these external sites, and we encourage you to review the privacy notices or policies of any third-party sites that you visit. We may collect analytics data or use third party analytics tools (e.g. Shopify Analytics) to enable us to measure traffic and usage trends for our digital offerings, and to help us understand more about the demographics of our users.

Any usage of Gosling’s systems, including telephones, email and internet facilities, may be subject to monitoring in compliance with applicable law and best practice. For example, we may monitor your usage: to prevent, detect or investigate suspected misconduct, illegal conduct, wrongdoing or other misuse; to ensure that enquiries and other communications are being appropriately responded to; to comply with legal obligations; or to locate and retrieve lost messages or files.

Gosling’s uses CCTV, internally and externally, and you may be recorded when at or around our premises. We use the CCTV footage for security purposes, and to prevent, detect or investigate suspected misconduct, illegal conduct, wrongdoing or other misuse.

Gosling’s uses GPS vehicle monitoring technology which is an electronic device installed in our vehicles to enable Gosling’s to track the vehicle's location and speed. The main purposes of the GPS vehicle monitoring are to track service deliveries and to enhance the safety and efficiency of our services. GPS data may be used to respond to emergencies or as evidence in civil and criminal proceedings or for insurance claims. 

Direct Marketing 

Gosling’s will use your contact details to keep you updated by sending email updates and advertisements with information about our products, services, promotional events and special offers and to conduct market research and surveys to improve our offerings. You always have the right to withdraw consent, where given, or otherwise object to direct advertising or marketing. However, Gosling’s is nonetheless likely to retain some of your details (not least to ensure that no more communications are sent to that address, email or telephone number). We do not share personal information that we collect about you with unaffiliated third parties for their use in marketing their products and services. 

Social Media Platforms

Gosling’s may interact or provide experiences on social media platforms (e.g. Facebook and Instagram) that enable online sharing and collaboration among registered users. We may collect and use information that you provide by interacting with us through social media (e.g. photographs, opinions or a social media handle or account). Any content you post, such as photographs, opinions or any personal information that you make available to other participants on these social media platforms, is also subject to the terms of use and privacy policies of those platforms. Please refer to such terms and policies to understand your rights and obligations with regard to such content.

Children's Privacy

Our Website and services are not intended for individuals under the age of 18. We do not intentionally collect or use personal information on our Website or in providing our services from individuals under the age of 18. If we become aware that we have inadvertently collected such personal information, we will take steps to delete it. 

Your rights in relation to your personal information

You have certain rights with respect to your personal information, and you may submit a reasonable written request to Gosling’s to:

  • Access (i) your personal information that is in Gosling’s custody or control; (ii) the purposes for which Gosling’s has been or is using your personal information; and (iii) the names of persons or types of persons and circumstances for which your personal information has or is being disclosed
  • Correct an error or omission in any of your personal information which is under Gosling’s control
  • Block which is to cease, or not to begin, using your personal information for the purposes of advertising, marketing, or public relations, or where the use of that personal information is causing or is likely to cause substantial damage or substantial distress to you or another individual
  • Erase or destroy personal information about you where that personal information is no longer relevant for the purposes of its use (however, there may be circumstances where Gosling’s will be legally entitled to retain it) 

Any request must be in writing and provide sufficient detail to enable us to identify the personal information to which the request relates. In certain circumstances (described below), we may not be obligated to comply with a rights request, and you can request a review by the Privacy Commissioner of our decision, action or failure to act, and you may initiate a complaint against us with the Privacy Commissioner.

Gosling’s may refuse to access to personal information in, but not limited to, the following circumstances:

  • Personal information is protected by legal privilege
  • Disclosure of the personal information would reveal Gosling’s confidential information or of a third party that is of a commercial nature and it is not unreasonable to withhold that information
  • Personal information is being used for a current disciplinary or criminal investigation or legal proceedings, and refusal does not prejudice the right of the individual to receive a fair hearing
  • Personal information was used by a mediator or arbitrator, or was created in the conduct of a mediation or arbitration for which the mediator or arbitrator was appointed to act under an agreement or by a court
  • Disclosure of the personal information would reveal the intentions of Gosling’s in relation to any negotiations with the individual to the extent that the provision of access would be likely to prejudice those negotiations. 

Contacting us and our Privacy Officer

Our offices are located at 9 Dundonald Street, Hamilton, HM10, Bermuda.

If you have any questions about this privacy notice or to request more details about your rights and how we collect, use and disclose your personal information, please contact our Privacy Officer at:

Email: privacyofficer@goslings.com
Telephone: (441) 295-1123

Privacy notice updates

This privacy notice is subject to change in accordance with changes to applicable laws or our internal policies and procedures. The date below indicates when this privacy notice was last revised. 

Any changes to this privacy notice will be effective upon publication of the revised privacy notice.


Version Control

Version

Date

Approved by

Comment

1.0

31 December 2024

AR, Privacy Officer

Privacy Notice implemented pursuant to PIPA requirements