Privacy Policy

This Privacy Notice is dated 15th September 2021.

1. INTRODUCTION

Welcome to Central Business District Foundation’s privacy notice (this “Notice”).

The Central Business District Foundation (“Foundation”, “we”; “us”; “our”) takes the protection of your privacy and personal data very seriously and recognises its obligations as a data controller in terms of applicable data protection laws, mainly the General Data Protection Regulation EU 2016/679 as supplemented by the Data Protection Act (Chapter 586 of the Laws of Malta).

The purpose of this Notice is to set out the basis on which we will process your personal data when you use our website: http://cbdmalta.org/ (the “Site”). It explains our current policies and practices with regards to personal data which we collect about you and sets out how the Foundation uses and protects any information that you provide, or which we otherwise collect, when using the Site.

This Notice also informs you about: (i) how we will handle and look after your personal data, (ii) our obligations in regard to processing your personal data responsibly and securely, (iii) your data protection rights as a data subject, and (iv) how the law protects you.

This Notice is independent from the Foundation’s offline personal data collection practices (which are set out in a separate privacy notice which we make available). It should be read in conjunction with our Cookie Policy which is available at the following link: http://cbdmalta.org/cookie-policy.

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

2. WHO WE ARE

The Foundation as defined above is the controller and responsible for your personal data.

If you have any questions or requests, including any requests to exercise your legal rights as a data subject, please contact us using the details set out below.

Contact Details

Full name of legal entity: Central Business District Foundation (LPF206)
Email address:info@cbdmalta.org
Postal address: THE CENTRAL BUSINESS DISTRICT FOUNDATION,
Vision Exchange Buildings, Level 2,
Triq It-Territorjals, Zone 1,
Central Business District, Birkirkara
CBD 1070

You have the right to lodge a complaint at any time to a competent supervisory authority on data protection matters, such as in particular the supervisory authority in the place of your habitual residence or your place of work. In the case of Malta, this is the Office of the Information and Data Protection Commissioner (the “IDPC”) (https://idpc.org.mt). 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

Our Site may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy notices, statements or policies.

We encourage you to read the privacy notice of every website you visit.

3. THE PERSONAL DATA WE COLLECT ABOUT YOU

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).

As a Site user or visitor, we may collect, use, store and transfer different kinds of personal data about you which we have grouped together below:

• Contact information, including your name, surname, and email address;
• Information which you provide to us for the purpose of registering on our Site and/or subscribing to its services;
• Site usage information; and
• Web page download information.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data 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 feature of the Site. 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 Notice.

4. HOW WE USE YOUR PERSONAL DATA

We will generally use your personal data for the following purposes:

• To maintain and administer your registration;
• To provide you with information about the Site;
• To provide you with any other information or materials that you have requested to receive from us;
• To identify and correct issues with the Site;
• To administer and protect the Site, (including troubleshooting, data analysis, testing, system maintenance, support, safety and security testing, reporting and hosting of data);
• To deliver relevant website content to you and measure or understand its effectiveness;
• To ensure that our content is presented in the most effective manner for you and your computer and devices, and in a user-friendly manner.
• To use data analytics to improve the Site and user/visitor experience;
• To manage disputes with you or other users/visitors.

We also provide other companies with statistical information about our users/visitors – but this information will not be used to identify any individual user and will only be shared as aggregate data.

We will typically rely on one or more of the following grounds to process your data for these purposes:

• Performance of a contract (e.g. administering your registration);
• The processing is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; and/or
• Where we need to comply with a legal obligation.

Marketing

You may receive marketing communications from us (which may consist of newsletters, industry updates, mailshots, publications, promotional materials and/or information about our events) where:

• you provide your consent to receiving such marketing material; OR
• you have an ongoing commercial or contractual relationship with us (e.g. where you or your company are an active member of the Foundation)

AND

• provided you have not opted out of receiving marketing from us (see Your right to object below).

Third-Party Marketing

We will get your express opt-in consent before we share your personal data with any third parties (including our associated or related corporate entities) for marketing purposes.

Opting Out

You can ask us to stop sending such advertising and marketing communications at any time by:

• following the opt-out links on any marketing message sent to you;
• contacting us at any time at info@cbdmalta.org.

Change of Purpose

We will only use your personal data 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, or we are obliged to process your data by applicable laws or court or other enforceable orders.

If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us at info@cbdmalta.org.

5. DISCLOSURES OF YOUR PERSONAL DATA

We may share your personal data with the parties set out below:

• Suppliers and service providers that we engage to assist with the operation of the Site;
• Our subsidiaries and affiliates where necessary to facilitate your relationship with us;
• Regulators, law enforcement agencies and other authorities who require reporting of processing activities, or may request information from us, in terms of applicable law and in certain circumstances.
• Our professional advisers (such as our auditors, accountants, financial advisers and legal counsel);
• To regulators, government bodies and tax authorities (local and overseas) when required by applicable laws and/or regulations;
• To any relevant party, claimant, law enforcement agency or court, to the extent necessary for the establishment, exercise or defence of legal claims in accordance with applicable law and regulation;
• To any relevant party for the purposes of prevention, investigation, detection or prosecution of criminal offences in accordance with applicable law and regulation; and
• Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, the new owners may use your personal data in the same way as set out in this Notice.

We require all third parties to respect the security of your data and to treat it in accordance with the law.

We may also disclose your data if we are under a duty to disclose or share your personal data to comply with any legal obligation, judgment or under an order from a court, tribunal or authority.

We may also disclose your data to enforce our contractual terms against you, or to protect our rights, property or safety, and that of other users/visitors of the Site. This includes exchanging information with other companies and organisations for the purposes of fraud protection.

6. INTERNATIONAL TRANSFERS

We do not generally transfer your personal data to outside the European Economic Area (“EEA”) except as may be necessary to: (i) enable your use of the Site or as necessary to provide its services, (ii) fulfil our contractual obligations to you or exercise our contractual obligations against you, (iii) comply with our legal or regulatory obligations or (iv) assert, file or exercise a legal claim.

Where we do need to transfer your personal data outside the EEA (whether for these stated purposes or any other purpose listed in Section 5 above), we will ensure a similar degree of protection is afforded to that personal data by ensuring at least one of the following safeguards applies or is otherwise 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; and
• In the absence of an adequacy decision, we will use standard contractual clauses that have been approved by the European Commission.
  Please contact us at info@cbdmalta.org if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

7. 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 (safeguard its integrity and confidentiality). We also regularly review and, where practicable, improve upon these security measures.

Additionally, we have also 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.

8. DATA RETENTION

Except as otherwise permitted or required by applicable law or regulatory requirements, no personal data that we process will be kept longer than necessary to fulfil the purposes for which it is processed. To determine the appropriate retention period, we consider the amount, nature and sensitivity of the personal data, the purpose for which we process it and whether we can achieve those purposes through other means. When we no longer need your personal data, we will securely delete or destroy it.

In some circumstances you can ask us to delete your data. See Request erasure below for further information.

Data Minimisation

Whenever and to the extent possible, we anonymize the data which we hold about you when it is no longer necessary to identify you from the data which we hold about you. In some circumstances, we may even anonymize 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.

Kindly contact us at info@cbdmalta.org for further details about the retention periods that we apply.

9. YOUR LEGAL RIGHTS

Under certain circumstances, you have rights under data protection laws in relation to your personal data.

• Request access to your personal data.
• Request correction of your personal data.
• Request erasure of your personal data.
• Object to processing of your personal data.
• Request transfer of your personal data.
• Right to withdraw consent.

If you wish to exercise any of the rights set out above, please contact us at info@cbdmalta.org.

These rights are explained below.

No Fee usually required

You will not normally have to pay a fee to exercise your data subject 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 the above 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 data subject 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 the period of one month from receipt of the request.

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.

Your Legal Rights

You have the right to:

• Request access to your personal data. This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it. You may send an email to info@cbdmalta.org requesting information on the personal data which we process and a copy of it.
• Information when collecting and processing personal data about you from publicly accessible or third party sources. When this take places, we will inform you, within a reasonable and practicable timeframe, about the third party or publicly accessible source from which we have collected your personal data.
• Request correction or rectification of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected and/or updated, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your personal data where:- there is no good reason for us continuing to process it;
  – you have successfully exercised your right to object to processing (see below);
  – we may have processed your information unlawfully; or
  – 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. These may include instances where continued processing is necessary in order to be able to:- comply with a legal or regulatory obligation to which we are subject; or
  – establish, exercise or defence of legal claims.
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and you wish 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 (see Marketing in Section 5 above).In some cases, we may be able to 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:
  – if you want us to establish the data’s accuracy;
  – where our use of the data is unlawful but you do not want us to erase it;
  – 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
  – 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 (data portability) 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 as our lawful basis to process your personal data (which will not generally be the case). This will not however affect the lawfulness of any processing which we carried out before you withdrew your consent. Any processing activities that are not based on your consent will remain unaffected.

Kindly note that none of these data subject rights are absolute or unreservedly guaranteed and must generally be weighed against our own legal obligations and legitimate interests.

If a decision is taken to override your data subject request, you will be informed of this by our data protection team along with the reasons for our decision.

10. CHANGES TO THIS NOTICE

We reserve the right to amend or revise this Notice in the future, particularly where we need to take into account and cater for any (i) business developments and/or (ii) legal or regulatory developments.

Changes, revisions and amendments to this Notice will be duly notified to you. In this regard, you are encouraged to visit this page frequently and take note of any changes made.