We process your data in an appropriate and lawful manner, in accordance with the Data Protection Act (Chapter 586 of the Laws of Malta) (the “Act”) and the General Data Protection Regulation (Regulation (EU) 2016/679) (the “GDPR”), following its application on 25th May 2018.
We do occasionally update this Policy so please do return and review this Policy from time to time.
- Controller of your personal data
MB Advisory is the controller of, and is responsible for, your personal data.
We have appointed a data protection contact point (“DPCP”) who is responsible for overseeing questions in relation to this Policy. If you have any questions about this Policy, including any requests to exercise your legal rights as a data subject, please contact the DPCP using the details set out below.
You can address any comments, queries or complaints to the DPCP, using the details indicated below, with the words ‘Data Protection Matter’ in the subject line.
Full name of legal entity: MB Advisory
Email address: [email protected]
You have the right to lodge a complaint at any time to the competent supervisory authority in your jurisdiction on data protection matters. In the case of Malta, this is the Information and Data Protection Commissioner (“IDPC”) (https://idpc.org.mt/en/Pages/Home.aspx). We would, however, appreciate the opportunity to deal with your concerns before you approach the supervisory authority, so please contact us in the first instance.
Third Party Links
- The personal data we collect about you
We may collect, use, store and disclose different kinds of personal data about you which we have grouped together as follows:
- Customer Data includes the services you have acquired from us and customer feedback.
- Identity and Contact Data includes first name, maiden name, last name, billing address, address, email address and telephone or mobile numbers.
- Financial Data includes your bank account and credit card details
- Technical Data includes internet protocol (IP) address and log in data
- Usage Data includes information about how you use the Site
- Marketing and Communications Data includes your preferences in receiving marketing from us and our business partners and your communication preferences.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregate may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
We do not collect Special Categories of Personal Data about you.
Generally we shall collect this personal data about you by means of the following:
A. When visiting our website
It is possible to visit our website and view the products displayed on our website without submitting any personal data. In order to provide you with the best experience when browsing our website we may need to process certain data which can identify you and can therefore be considered to be personal data. In this regard we may collect the following information about you whenever you visit our website.
- Technical data: including the IP address used to connect your computer to the Internet, your login information, browser type and version, the full Uniform Resource Locators (URL), clickstream to, through and from our Site (including date and time) as well as other information regarding your experience on our Website such as page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page.
- b) Location Information: We may receive information about your location. We may determine your location through your IP address and, when accessing the Website through a mobile device, by using the data that we collect from this device. This includes precise location information from GPS or information about the wireless networks or cell towers near your mobile device at the time of access.
B. When communicating with us over phone or email
Whenever you contact us in order to enquire about our services or else book a meeting we shall require certain basic Identity and Contact Data (in particular, your name, surname and mobile number).
C. When using any of our services
In order to be able to provide the services which you request, we shall need to process personal data. Generally, this shall include your contact information, such as your name, surname, address, email, telephone number as well as your financial details.
The personal data which we request from you shall generally be restricted to the data which is strictly necessary for us to be able to provide the services which you request. In addition, we may also request certain personal data to ensure compliance with our legal obligations
D. Other data
Through our website you may also choose to subscribe to our newsletter. You can unsubscribe to any and all marketing information at any time by emailing us on [email protected] or else choosing the unsubscribe option in any communications sent to you. By subscribing to our newsletter, you shall be included in our mailing list until such time as you choose to unsubscribe to receiving any communications from us. In this regard, we shall process data relating to your preferences in receiving marketing from us to ensure that we adhere to your choices.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you .
- Use of Your Information
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 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.
- Where we need to comply with a legal obligation.
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
|Purpose/Activity||Type of data||Lawful basis for processing including basis of legitimate interest|
|To register you as a new customer||(a) Identity and Contact Data||Performance of a contract with you|
|To process and deliver your order including: (a) Setting up appointments for installation of our products (b) Manage payments, fees and charges (c) Collect and recover money owed to us (d) Carry out after-sales services as may be necessary||(a) Identity (b) Contact (c) Financial (d) Customer (e) Marketing and Communications||(a) Performance of a contract with you (b) Necessary for our legitimate interests (to recover debts due to us) (c) Compliance with a legal obligation (to carry out repairs covered by your warranty)|
|To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)||(a) Identity (b) Contact (c) Technical||(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) (b) Necessary to comply with a legal obligation|
|To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you||(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (f) Technical||Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy) [s2]|
|To make suggestions and recommendations to you about goods or services that may be of interest to you||(a) Identity (b) Contact (c) Technical (d) Usage (e) Profile (f) Marketing and Communications||Necessary for our legitimate interests (to develop our products/services and grow our business)|
We may use your Identity and Contact Data, Technical Data as well as your Customer Data to form a view on what we think you may want or need, or what may be of interest to you.
If you are an existing customer, we may contact you with information about goods and services similar to those that you have expressed an interest in previously via our website. You will receive marketing communications from us if you have subscribed to our newsletter or engaged us to carry out any services. This is within our legitimate interest to develop our relationship with you and ensure that you receive the best service possible.
If you are a new customer, we will only contact you only when you have provided consent and, only by those means you provided consent for.
You can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time or emailing us at [email protected]
- Storage of Your Personal Data
Data that is provided to us is stored on our secure servers. Details relating to any transactions entered into on our site will be encrypted to ensure its safety. We strive to protect the security of any data which you provide to it and which we collect about you, and will update it from time to time in order to ensure that its measures are always up-to-date in accordance with our legal obligations.
- Disclosure of your Information
We may also transfer your personal data to external third parties, namely our service providers which are necessary for us to be able to provide the Services we offer. In particular, we may transfer your personal data to our IT and software support service providers, our insurers and external legal counsel. 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.
Whenever we enter into a contract with you we shall inform you of the identity of the service providers which may be necessary for us to be able to provide the Services you engage us to carry out.
We may also disclose your personal information to third parties:
- Where we sell any or all of our business and/or our assets to a third party.
- Where we are legally required to disclose your information.
- To assist fraud reduction and minimise credit risks.
We may also disclose your personal data to regulatory or governmental agencies as well as executive and judicial authorities which may have jurisdiction over our operations. We shall only make such disclosures in accordance with the appropriate authority and to comply with our legal obligations.
We may transfer your personal data outside the European Economic Area (EEA) in the following circumstances:
a. the transfer is necessary for the performance of a contract between you and MB Advisory or for the implementation of pre-contractual measures taken at your request.
b. the transfer is necessary for the conclusion or performance of a contract concluded in your interest between us and another natural or legal person;
c. the transfer is necessary for important reasons of public interest; or
d .the transfer is necessary for the establishment, exercise or defence of legal claims.
6. 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 any applicable regulator of a breach where we are legally required to do so.
7. Data Retention
We will only retain your personal data 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 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.
By law we have to keep basic information about our customers, including contact details and details regarding any contracts which you may have entered into as a result of our Services for six years after the conclusion of the contract, taking into account the applicable prescriptive period at law. We may also retain certain personal data to ensure compliance with our legal obligations. In particular, we may retain certain transactional and financial information for a period not exceeding ten years, in compliance with tax and accounting reporting legal obligations.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
8. Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data. Under applicable data protection laws, you are entitled to exercise the following rights:
You have the right to:
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data 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 as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above, please contact us at [email protected] No fee is usually required.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these 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 your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
9. Google analytics
So as to improve the quality and overall user experience of the Website, we are using Google Analytics Advertising Features, including [INSERT NAMES].
[PURPOSE FOR USING GOOGLE ANALYTICS]
If you would like to opt-out of Google Analytics for display advertising, you may do so by using the Ads Preference Manager. In addition, there is also a Google Analytics Opt-Out browser add-on that you can download at https://tools.google.com/dlpage/gaoptout.
We reserve the right to revise and amend this Policy from time to time and any revised version will be deemed to be applicable from the first date of publication on this website.
Any comments or suggestions that you may have and which may contribute to a better quality of service will be welcome and greatly appreciated.