3.—(1) Except as otherwise provided for in section 60, this Act of Act applies to a data controller in respect of any personal data only if the data controller —
(a) is established in Jamaica or in any place where Jamaican law applies by virtue of international public law, and the personal data are processed in the context of that establishment; or
(b) though notestablished in Jamaica—
(i) uses equipment in Jamaica for processing the personal data otherwise than for the purpose of transit through Jamaica; or
(ii) processes personal data, of a data subject who is in Jamaica, and the processing activities are related to—
(A) the offering of products or services to data subjects in Jamaica, irrespective
of whether a payment of the data subject is required; or
(B) the monitoring of the behaviour of data subjects as far as their behaviour takes place within Jamaica. . (2) Adata controller falling within subsection (1)(b) shall appoint for the purposes of this Act a representative established in Jamaica. . (3) For the purposes of subsections (1) and (2), each of the following shall be treated as established in Jamaica—
(a) an individual who is ordinarily resident in Jamaica;
(b) abody incorporated under the laws of Jamaica;
(c) apartnership or other unincorporated association formed under the laws of Jamaica;
(d) any person who does not fall within paragraph (a), (b) or (c) but who maintains in Jamaica—
(i) anoffice, branch or agency through which the person carries on any activity; or
(i) aregular practice.