The Platinum Group Ltd.

Privacy Policy

The Platinum Group Ltd. [“PG”] is located: “Suite 302” St. James Court, Hamilton Parish, Bermuda, FL 04 website: www.platinumgroup.bm.

We are an executive recruitment agency providing:

Executive Search
Permanent and Temporary Placement
Human Resource Solutions
Bermuda Immigration Work Permit Process
Payroll Services

A limited liability company incorporated in Bermuda on 4th July 2016, Registration No: 51635 under Directors, Maryanne R. Scott and Tracy Shott who act as the Privacy Officers for PG.

PG engages in best practices to protect your information from unauthorised access by using current security measures.

This privacy notice describes how we collect and use personal information about you during and after your working relationship with us, in accordance with the Bermuda’s Personal Information Protection Act 2016 (“PIPA” or the “Act”), related regulations and guidance notes which regulate the way in which all personal information is held and used in Bermuda. It applies to all prospective, current and former employees of, and workers and contractors for, Client.

This notice does not form part of any contract of employment or other contract to provide services. We may update this notice at any time but if we do so, we will provide you with an updated copy as soon as reasonably practical.

It is important that you read and retain this notice, together with any other privacy notice we may provide on specific occasions when we are collecting or using personal information about you, so that you are aware of how and why we are using such information.

How we use your personal information

Your personal information is used for a number of different reasons depending on what Service we are providing for you. We only collect what is necessary in connection with your employment or contractual relationship with the Company.

We collect, store, and use the following categories of personal information about you:

Personal contact details such as name, title, addresses, telephone numbers, and personal email addresses.
Date of birth.
Nationality.
Education and qualification details.
Marital status and dependants.
Immigration status.
Next of kin and emergency contact information.
Geographical location.
Social Security number/Social Insurance number
Bank account details, payroll records and tax status information.
Salary, annual leave, pension, benefits information and remuneration history.
Start date.
Leaving date and your reason for leaving.
Location of employment or workplace.
Copy of driving licence / passport.
Recruitment information (including copies of work permit documentation, references and other information included in a CV or cover letter or as part of the application process).
Employment records (including job titles, work history, working hours, holidays, training records, screening/testing, professional memberships and a copy of your employment contract).
Performance information.
Holiday absences.
Disciplinary and grievance information.
Personal information that we collect through your use of our information and communications systems (including email) such as your full name, email address and the content, date and time of your email correspondence.
Photographs.
Information obtained through an exit interview with you (upon your departure from our organisation), including your reasons for leaving.
Usernames or passwords for/to access information you are providing.
Your work requirements, desired opportunities and/or outcomes.
Production of your payment for services rendered, pay advices, direct deposits, benefits and reconciliations.

We may also collect, store and use the following sensitive personal information:

Information about your race or ethnicity, religious beliefs, sexual orientation and political opinions.
Trade union membership.
Information about your health, including any medical condition, health and sickness records, including:

details of any absences (other than holidays) from work including time on statutory parental leave and sick leave; and
where you leave employment and the reason for leaving is related to your health, information about that condition needed for pensions and permanent health insurance purposes.

Information about criminal convictions and offences.

Collecting Information from Children

PG does not offer their services to children. Should personal/and or sensitive information on child/children be required by the Company for the purpose of medical insurance/ Bermuda Immigration purposes this will be managed by and through the consent of the of custodian/guardian/parent of the child/children.

How is your personal information collected?

We collect personal information through the application and recruitment process, either directly from candidates or sometimes from an employment agency or background check provider. We may sometimes collect additional information from third parties including former employers, credit reference agencies or other background check agencies, clients, immigration services providers, payroll agencies and as agent, logistics companies (in relation to employees moving into or out of Bermuda), pension services providers, insurance providers, medical services providers, the Bermuda Government., our website, advertisements both in Bermuda and overseas, interviews, on and off-boarding of members, day to day operations and administration related to The Group.

We will collect additional personal information in the course of job-related activities throughout the period of you working for or with us.

How we will use information

Most commonly, we will use your personal information in the following circumstances:

Where we need to perform the contract/agreement we have entered into with you.
Where we need to comply with a legal obligation.
Where it is necessary for legitimate interests pursued by us or a third party and your interests and fundamental rights do not override those interests.

We may also use your personal information in the following situations, which are likely to be rare:

Where we need to protect your interests (or someone else’s interests). For example, in the event of having to provide sensitive personal information in the event of illness or injury where you are unable to provide that information yourself.
Where it is needed in the public interest.

How we collect your data

a. Recruitment Services

Directly from you when you apply for a job or submit your cv.
From third parties, such as recruitment platforms, references, or public professional profiles, such as LinkedIn.
Automatically, when you interact with our website or email communications.

b. Immigration Services

Via courier service or collection from a client site.
Directly from the applicant.
Via email from the client or applicant.

c. Client Services

Directly from you when you ask to engage us.
From third parties, such as websites, LinkedIn.

d. Payroll Services

Banking and Salary information.

How we use your data

a. Recruitment Services

To match you with suitable job opportunities.
To communicate with you about job vacancies, interviews, or recruitment processes.
To verify your eligibility and qualifications for a role.
To comply with legal obligations.

b. Immigration Services

For the purposes of submitting an immigration application.

c. Client Services

For communication to you for any of our service lines.
To provide marketing services to you. You can request to not receive marketing communications by responding back to email communications asking to no longer receive marketing emails or by sending an email to info@platinumgroup.bm.

d. Payroll Services

Banking and Salary information.

Data Sharing

a. Recruitment Services

We may share your data with:

Potential employers or clients as part of the recruitment process
Third-party service providers, such as background check companies

b Immigration Services

To the Bermuda Immigration Department.
To the Employer.

c. Client Services

For potential candidates that you are interested in interviewing.

d. Payroll Services

Banks, Employers, Government entities.

If you fail to provide personal information

If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you (such as paying you or providing a benefit), or we may be prevented from complying with our legal obligations (such as to ensure the health and safety of our workers). Depending upon the particular failure, it may make the contract impossible to perform and, in that case, we might not be able to employ or engage you or to continue to employ or engage you.

Change of purpose

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may use your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

How we use sensitive personal information

Certain personal information is subject to additional safeguards under PIPA. Such ‘sensitive personal information’ includes details of:

your racial or ethnic origin;
your political opinions;
your marital status;
your religious beliefs or other beliefs of a similar nature;
whether you are a member of a trade union;
your physical or mental health or condition;
your sexual life or sexual orientation;
the commission or alleged commission by you of any offence, or
any proceedings for any offence committed or alleged to have been committed by you, the disposal of such proceedings or the sentence of any court in such proceedings.

In general, we will not use sensitive personal information about you unless it is necessary for performing or exercising obligations or rights in connection with employment, Bermuda Immigration applications, Payroll Services. On rare occasions, there may be other reasons for using, such as it is in the public interest to do so.

The situations in which we will use your sensitive personal information in connection with your employment are listed below.

We will use information about your physical or mental health, or disability status, to ensure your health and safety in the workplace and to assess your fitness to work, to provide appropriate workplace adjustments, to monitor and manage sickness absence and to administer benefits including statutory maternity pay, statutory sick pay, pensions and health insurance. We need to use this information to exercise rights and perform obligations in connection with your employment.
If you apply for an ill-health pension under a pension arrangement operated by the Company, we will use information about your physical or mental health in reaching a decision about your entitlement.
We will use information about your race or national or ethnic origin, religious, philosophical or moral beliefs, or your sexual life or sexual orientation, to ensure meaningful equal opportunity monitoring and reporting.
We will use trade union membership information to pay trade union premiums, register the status of a protected employee and to comply with employment law obligations.

Do we need your consent?

We do not need your consent when you provide your data voluntarily. We do not need your consent if we use your sensitive personal information in accordance with our Personal Information Protection Policy to carry out our legal obligations or exercise specific rights in the field of employment law. In limited circumstances, we may approach you for your written consent to allow us to use sensitive personal information. If we do so, we will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. You should be aware that it is not a condition of your contract with us that you agree to any request for consent from us. If your personal information is received for employment purposes, this action will be interpreted as your consent to process your personal information to initiate the employment process.

Information about criminal convictions

We envisage that we will be presented with sensitive personal information about criminal convictions.

We will only collect sensitive personal information about criminal convictions if it is appropriate given the nature of the role and where we are legally able to do so. Where appropriate, we will collect sensitive personal information about criminal convictions as part of the recruitment process or we may be notified of such information directly by you, or by the police or other authorities, in the course of you working for us. We will use sensitive personal information about criminal convictions and offences to determine whether you are able to perform the role for which you are to be recruited given the contractual obligations which we owe to third parties.

Automated decision-making

You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making, unless we have a lawful basis for doing so and we have notified you.

We do not envisage that any decisions will be taken about you using automated means, however we will notify you in writing if this position changes.

Information sharing

Why might you share my personal information with third parties?

We will share your personal information with third parties where required by law, where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so.

Third parties” includes third-party service providers (including contractors and designated agents). The following activities are carried out by third-party service providers: [employment agency or background check providers; payroll; pension administration; benefits provision and administration; medical services providers, banking providers and IT service providers.

We will share personal information regarding your participation in any pension arrangement operated by the Company with the trustees or scheme managers of the arrangement in connection with the administration of the arrangements.

How secure is my information with third-party service providers?

All our third-party service providers are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third-party service providers to use your personal information for their own purposes. We only permit them to use your personal information for specified purposes and in accordance with our instructions.

Transfer of your personal information to other countries

All of the personal information we use is stored within Bermuda.

PG does have a registered office in Cayman should candidates express interest in opportunities in Cayman, consent will be obtained in the first instance before proceeding with the recruitment process.

Information security

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

We have put in place procedures to deal with any suspected information security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.

Personal information retention

How long will you use my information for?

We will only retain your personal information for as long as necessary to fulfil 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 unauthorised use or disclosure of your personal information, the purposes for which we use your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you.

Once you are no longer an employee, worker/ contractor of the company we will retain and securely destroy your personal information in accordance with applicable laws and regulations.

Rights of access, correction, erasure, and restriction

Your duty to inform us of changes

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your working relationship with us.

Your rights in connection with personal information

Under certain circumstances, by law you have the right to:

Request access to your personal information (commonly known as an “information subject access request”). An information subject access request enables you to receive a copy of the personal information we hold about you. This does not include access to information that you have not supplied to us.
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 of your personal information in certain circumstances. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to use it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to its use (see below). Please note that there may be circumstances where you ask us to erase your personal information but we are legally entitled to retain it.
Object to the use of your personal information in certain circumstances 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 its use on these grounds. You also have the right to object where we are using your personal information for direct marketing purposes. There may be circumstances where you object to our use of your personal information but we are legally entitled to continue using your personal information and/or to refuse that request.
Request the restriction of use of your personal information in certain circumstances. This enables you to ask us to suspend the use of personal information about you, for example if you want us to establish its accuracy or the reason for using it. There may be circumstances where you ask us to restrict our use of your personal information but we are legally entitled to continue using your personal information and/or to refuse that request.
Request the transfer of your personal information to another party.
Withdraw consent. In the limited circumstances where you may have provided your consent to the collection, use and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific use at any time. To withdraw your consent, please contact the Company’s Privacy Officer. Once we have received notification that you have withdrawn your consent, we will no longer use your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis (other than consent) for doing so in law.

If you want to review, verify, correct or request erasure of your personal information, object to the use of your personal information, or request that we transfer a copy of your personal information to another party, please contact the Privacy Officer in writing.

No fee usually required

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

Further information

If you have any questions about this privacy notice or how we handle your personal information, please contact the Company’s Privacy Officer.

Privacy Officer- Tracy Shott and Maryanne Scott

Email: tracy@platinumgroup.bm and maryanne@platinumgroup.bm

Telephone: 441-296-4090

If you have any concerns about our use of your personal information, you can make a complaint to us via the contact details above.

Whilst we would always prefer to have the opportunity to resolve your complaint first, you can also complain to the Privacy Commissioner if you are unhappy with how we have used your personal information.

The Privacy Commissioner’s address:

Maxwell Roberts Building

4th Floor, 1 Church Street

Hamilton HM11, Bermuda
Helpline number: +1 441 543 7748
Website: www.privacy.bm

Email: privcom@privacy.bm