1. Introduction
2. Purpose of this Privacy policy and Changes to this Privacy policy
3. Who We Are and the Personal Information that We Collect From You
4. How is your personal data collected?
5. How we use your personal data
6. Sharing Your Information
7. Transfers Outside of the Cayman Islands
8. Data Security
9. Your Rights
10. How Long We Will Keep Your Information
11. Marketing
12. Opting-Out
13. Contact Information

 

1. Introduction

Welcome to Kirk Market’s MarketCard privacy policy. Kirk Market respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you sign up and use your MarketCard rewards card and tell you about your privacy rights and how the law protects you.

Any questions relating to this policy and our privacy practices should be sent to our Data Protection Officer by emailing: [email protected]

2. Purpose of this Privacy Policy and Changes to this Privacy Policy

This privacy policy aims to give you information on how Kirk Market collects and processes your personal data through your use of the MarketCard rewards card. It includes information that you provide when you sign up to become a MarketCard member, fill in forms and use your MarketCard when purchasing items.

It is important that you read this privacy policy together with any other privacy policy or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements the other notices and is not intended to override them.

The MarketCard is not intended for children and we do not knowingly collect data relating to children under the age of 18.

3. Who We Are and the Personal Information that We Collect From You

We are Kirk Market (“we”, “our” and “us”). We are data controller of any personal data that you provide us.

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer the following kinds of personal data about you:

• Identity Data: includes [first name, maiden name, last name, username or similar identifier].
• Contact Data: includes [billing address, delivery address, email address and telephone numbers].
• MarketCard Rewards Data: includes [your MarketCard account details, number of points, and points usage].
• Transaction Data: includes [details about payments to and from you and other details of products and services you have purchased from us].
• Profile Data: includes [your loyalty card number, purchases or orders made by you, your interests, preferences, feedback and survey responses].
• Marketing and Communications Data: includes [your preferences in receiving marketing from us and your communication preferences].

We do not collect any Special Categories of Personal Data about you (this includes details about your age, race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, information about your health, and genetic and biometric data).

4. How is your personal data collected?

We use different methods to collect data from and about you including through:

Direct interactions: You may give us your Identity, Contact, and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

• apply for our products or services;
• create a MarketCard account in-store or online;
• subscribe to our service or publications;
• request marketing to be sent to you;
• enter a competition, promotion or survey; or
• give us some feedback.

Third parties or publicly available sources: We may receive personal data about you from various third parties as set out below:

• Data from advertising networks
• Data from search information providers;
• Contact, Financial and Transaction Data from providers of technical, payment and delivery services and
• Identity and Contact Data from data brokers or aggregators

If you place an online order with us, to ensure that your credit, debit or charge card is not being used without your consent, we will validate your name, address and other personal information supplied by you during the order process against appropriate third-party databases. You acknowledge that such checks will be made. You can rest assured that this is done only to confirm your identity. All information provided by you will be treated securely and strictly in accordance with applicable data protection legislation.

5. How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we need to contact you to notify you that your MarketCard is ready for collection from our store.
• Where we need to perform the contract we are about to enter into or have entered into with you;
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; and
• Where we need to comply with a legal or regulatory obligation.

We usually do not rely on consent as a legal basis for processing your personal data other than in relation to sending direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us, additionally, all newsletters sent to your e-mail address will contain an opt-out link should you wish to remove yourself from our mailing list.

Generally, we need your information and use the information we collect about you:

• to enable us to supply you with products and services that you have requested (such as your MarketCard);
• to help us with understanding more about how our MarketCard is used.
• to be able to send you communications that may be of interest to you, either electronically or otherwise.
• to prevent fraudulent activity.

6. Sharing Your Information

The information you provide to us will be treated by us as confidential and will be processed only by our employees within the Cayman Islands. We may disclose your information to other third parties who act for us for the purposes set out in this notice or for purposes approved by you, [including payment providers and marketing suppliers].

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

7. Transfers Outside of the Cayman Islands

Your information will only be stored by Kirk Market within the Cayman Islands; however, suppliers we use may store data outside of the Cayman Islands.

Whenever we transfer your personal data out of the Cayman Islands, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
• Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
• Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US. For further details, see European Commission: EU-US Privacy Shield.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the Cayman Islands.

8. Data Security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used, or accessed in an unauthorised way, altered, or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors, and other third parties who have a business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and The Cayman Islands Office of the Ombudsman of a breach where we are legally required to do so.

9. Your Rights

You have the right at any time to:

• 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 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.
• Request erasure or anonymisation of your personal information. This enables you to ask us to delete or anonymise personal information where there is no good reason for us to continue to process it. You also have the right to ask us to delete or anonymise your personal information where you have exercised your right to object to processing (see below).
• 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.
• Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
• Withdraw your consent to the processing of your personal information at any time.
• If you wish to exercise any of the rights set out above, please email: [email protected]

You have the right to make a complaint at any time to the Office of the Complaints Commissioner, the Cayman Islands Government’s supervisory authority for data protection issues (www.ombudsman.ky). We would, however, appreciate the chance to deal with your concerns before you approach the Office of the Ombudsman, so do not hesitate to get in touch with us in the first instance.

10. How Long We Will Keep Your Information

We review our data retention periods regularly and will only hold your personal data for as long as is necessary for the relevant activity, or as required by law (we may be legally required to hold some types of information), or as set out in any relevant contract we have with you.

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

11. Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

With your permission, we may use your Identity, Contact, Loyalty and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us only if you have opted into receiving that marketing.

12. Opting-Out

You can ask us to stop sending you marketing messages at any time by 1) contacting us or, 2) by clicking the unsubscribe link in any newsletter that you receive from us.

13. Contact Information

We have appointed a Data Protection Officer who is responsible for overseeing questions in relation to this privacy policy.

If you have any questions or suggestions about this privacy policy, including any requests to exercise your legal rights, or if you would like to make a complaint, please contact the Data Protection Officer using the details set out below.

Postal address:

Data Enquiries
Mailing Address: PO Box 10132 APO KY1-1002
Physical Address: 413 Eastern Avenue, George Town
Email Address: [email protected]