Privacy Notice

The Personal Information Protection Act 2016 (“PIPA”) applies to every organisation that uses personal information in Bermuda. Under PIPA, “personal information” means any information that relates to an identified or identifiable individual. Marshall Diel & Myers Limited (“MDM” or the “Company”) is registered as a professional services company with the Bermuda Bar Association under the Bermuda Bar Act 1974. The company is a medium risk law firm that provides legal services to local and international clients. MDM is committed to protecting the privacy of personal information that it collects and maintains while conducting its business. This Privacy Notice is issued pursuant to Section 9 of PIPA and informs individuals of how the Company uses their personal information.

1. MDM holds the personal information it collects about a client, when onboarding a client and during its business relationship, in a paper or an electronic client file. This client file may include: a. your contact details, such as name, address, telephone number, e-mail address; b. birth date/place of birth; c. marital status; d. bank account, business, employment and professional details; e. copies of identification documentation; and f. copies of address verification documentation.
2. MDM also collects and uses personal information obtained from prospective and current employees. This information is kept in an employee’s personnel file in electronic format by the Human Resources department. In some instances, it also retains the personal information of former employees. Types of personal information collected may include names, addresses, date of birth, nationality, contact information (including telephone number and email addresses), social insurance number and information on an employee’s health.
3. A client’s personal information may be used to discharge the Company’s regulatory compliance obligations to Know Your Customer and may be disclosed for legal or regulatory purposes upon request to the Barristers & Accountants AML/ATF Supervisory Board or other lawful agency pursuant to the Proceeds of Crime Act 1997 and Proceeds of Crime (Anti-Money Laundering and Anti-Terrorist Financing) Regulations 2008. MDM may also collect, hold and use a client’s personal information and disclose it to third parties to execute transactions including transferring funds by electronic or other means; opening accounts with financial institutions or otherwise in the administration of the client’s business activities.
4. An employee’s personal information may be used for the execution of contractual employment obligations associated with an individual’s employment such as the management of human resources processes during and after the employment relationship for compliance with Bermuda law (e.g. benefits, pension, payroll, termination of employment/redundancy); management of employee relations (e.g. disciplinary proceedings, grievances and complaints, tribunal claims, etc.); and maintenance of general communications concerning matters arising from the existing or past employment relationships.
5. MDM has appropriate technical and organisational measures in place to prevent the unauthorised or unlawful use and disclosure of the personal information it collects and retains; and the accidental loss, destruction or damage of it.
6. You are entitled to access, through a written request tomdmprivacy@law.bm your personal information contained in our client or employee files. You may verify this personal information and request that any inaccurate information be corrected. You may make such a request to the Privacy Officer via email at mdmprivacy@law.bm.
7. You may also request that your data be erased, subject to limited exceptions set out in law, such as regulatory (financial crime) data. Should data be erased, a formal confirmation will be provided to you. Such a request should be made to the Privacy Officer via email at privacy@law.bm.
8. MDM will retain client and employee personal information in accordance with its document retention and destruction policy and any legal responsibility but in any event for no longer than is necessary for our purposes to comply with our legal and regulatory compliance obligations.
9. MDM aims to meet the highest standards when using an individual’s personal information recognising their right to be left alone and in control of information about oneself. We encourage individuals to bring concerns to the attention of our Privacy Officer at privacy@law.bm. If you remain dissatisfied with your interactions with our Privacy Officer following your complaint, you may contact the Office of the Privacy Commissioner at PrivCom@privacy.bm.