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Regulation (EU) 2016/679 better known as the European General Data Protection Regulation (GDPR) entered into force on 25 May 2018. The GDPR is a new EU privacy law intended to give you, as a data subject, more control about your personal data, as well as greater security and transparency about how your data is used.
This Privacy Notice explains how we, The First Years Ltd, will use and store the information you disclose to us as a client.
In this policy, “the company”, “we”, “us” and “our” refers to The First Years Ltd.
Who we are
The First Years Ltd (working name: TFY) is a limited liability company registered under Maltese law bearing registration number C72288. The First Years Baby and Kids shops in Hamrun and PAMA Malta have been established in Malta for many years, importer of some of the most reputable brands in the kids and baby sector.
- What data is being collected, how is it collected and where is it kept?
- Why do we need your data and what is the legal basis for processing such data?
- How do we keep your personal information secure?
- Who has access to your data and will the data be shared with third parties?
- How long will the information be stored for?
- What are your rights in relation to the information that the company holds about you? How can you raise a complaint?
What is personal data?
What information do we collect?
TFY processes personal data pertaining to its clients mainly to be able to perform its contractual obligations. In other cases, TFY processes such data because it has a legitimate interest to do so within the context of the contractual relationship with the client. By “processing” we mean a set of activities that is carried out in relation to your data such as the collection, recording, storage, use and erasure of such data which includes:
- your particulars such as your name and surname, identity card or passport number, postal address, e-mail address, amongst other details that might be required,
- any other personal data that you wish to disclose directly or indirectly in connection with your queries or communications with us including bank account details.
How do we collect your personal data?
We may collect your personal data in one or more of the following ways:
- Through your disclosure. More often than not the information is disclosed by you and collected through application forms, contact forms, email and other correspondence, social media messages and posts and telephone conversations.
- Through third parties. Personal information may be processed via third-party websites such as Google and through social media applications such as Facebook, LinkedIn and Twitter.
Where do we keep your data?
Your personal data is stored in a range of different places including:
- in your client file;
- in other IT systems (including TFYs email system, internal server and cloud systems).
Why do we need your data and what is the legal basis for its processing?
TFY needs to process your personal data for one or more of the following purposes:
- to provide you with information that you have requested or which we think may be relevant to a subject in which you have demonstrated an interest;
- to initiate and complete commercial transactions with you, or the entity that you represent, for the purchase of products and/or services;
- to fulfil an agreement that we have entered into with you or with the entity that you represent;
- to manage any communication between you and us.
The legal basis for the processing of such data is one or more of the following:
- your consent: we may rely on your consent top to process personal data where no other legal ground for processing is applicable;
- legal obligation: we may be compelled to disclose your data to state authorities to ensure compliance with laws to which we may be subject;
- contractual performance (including taking steps at your request prior to entering into a contract): we may rely on this ground to (i) provide appropriate information about products and services that you have requested, (ii) to process purchase transactions for products and services with customers, and to ensure any transaction issues can be dealt with, (iii) in other instances where processing is necessary for the performance of a contract to which you are a party
- a legitimate interest: in other cases, TFY has a legitimate interest in processing your personal data. These cases include: (i) when we provide you with information that you have requested or which we think may be relevant to a subject in which you have previously demonstrated an interest; (ii) when we follow-up to ensure the requested information meets needs and identify further requirements, (iii) when we need to supply documentation should any contractual legal claim arise; (iv) when we communicate with you about any issue that you raise with us or which follows from an interaction between us; (v) when we send you any information which we deem to be relevant to our contractual relationship; (vi) when we send you information for direct marketing purposes.
As our client we automatically put your email address in our mailing list. We use this information for a number of reasons: to give you information about anything you’ve asked us to tell you about; to contact you if we need to obtain or provide additional information including information which we think may be relevant to a subject in which you have previously demonstrated an interest; to check our records are right and to check every now and then that you’re happy and satisfied. We don’t rent or trade email lists with other organisations and businesses. We also invite you separately to give us your consent to use your information for direct marketing purposes. In all cases you may unsubscribe at any point using the unsubscribe link on any of our emails.
How do we keep your personal information secure?
TFY takes the security of your data extremely seriously. The company has internal policies and controls in place to try to prevent your data from being lost, accidentally destroyed, misused or disclosed.
Where we engage third parties to process personal data on our behalf, such third parties do so on the basis of written instructions, are under a duty of confidentiality and are obliged to implement appropriate technical and organisational measures to ensure the security of data. Such third parties would also be bound to us by virtue of a written contract.
We do not, however, have any control over what happens between your device and the boundary of our information infrastructure. You should be aware of the many information security risks that exist and take appropriate steps to safeguard your own information. We accept no liability in respect of breaches that occur beyond our sphere of control.
Who has access to your data and will the data be shared with third parties?
Your personal data is not accessed except by employees in the performance of their duties and IT staff if access to the data is necessary for performance of their roles.
We may share your data with third parties in order to obtain credit background checks from certified bodies or to disclose certain details to such bodies in case of late payment of bills.
In line with the GDPR, our company will only transfer your personal data to a country outside the European Union or the European Economic Area when the European Commission has decided that such country ensures an adequate level of protection or else if otherwise compelled by law
How long will the information be stored for?
We will hold your personal data for a period of ten (10) years following the termination of our business relationship, unless we are compelled to retain such data in exceptional circumstances such as to defend or pursue legal claims.
Upon the expiry of the retention period your personal data will be deleted permanently from our systems, cloud and IT systems and any documents containing such data will be shredded in-house and safely destroyed in line with established industrial standards.
What are your rights in relation to your personal data that is in our possession?
Under the GDPR, you have a number of rights that we’d like to make you aware of:
Right to access your data
You may access and obtain a copy of your data on request which data will be given to you in a structured, commonly used and machine-readable format;
Right to rectify your data
You may require us to change or amend incorrect or incomplete data;
Right to restrict processing
You may require us to delete or stop processing your data in certain specific circumstances. These are: (i) when you wish to contest the accuracy of your personal data, in which case processing will be restricted for a period enabling us to verify the accuracy of your data, (ii) when processing is unlawful and you oppose the erasure of such data but instead requests us to restrict its use instead, (iii) when we no longer need the personal data for the purposes of the processing but you require such data for the establishment, exercise or defence of legal claims, (iv) when you object to processing pending the verification whether the company’s legitimate grounds override those pertaining to you (i.e. where we rely on our legitimate interests as the legal ground for processing)
When processing is restricted as aforestated, such personal data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
Right to erasure
You shall have the right to request us to erase your personal data and we shall have the obligation to erase such data without undue delay when: (i) personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed; (ii) we rely on our legitimate interests as the legal ground for processing and following your objection to such processing it is established that there are no overriding legitimate grounds for the company to process your data, (iii) personal data has been processed unlawfully, (iv) personal data has to be erased for compliance with a legal obligation under EU or Maltese law to which we are subject. Provided in all cases that we may object to your request to erase your personal data in order to comply with a legal obligation which requires processing by EU or Maltese law to which we are subject, or in order to establish, exercise or defend legal claims.
Right to withdraw consent
Where the legal basis for our processing of your personal information is your prior consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
It is important to note that where we rely solely on your consent to be able to process your personal data, withdrawing such consent might hinder TFY’s ability to administer some of the rights and obligations arising as a result of the contractual/ business/ sale/ any other relationship efficiently.
If you would like to exercise any of your rights, you are urged to contact us at our official address Flat no 2, Merill Court, Fuxa Street, San Gwann and ask to speak to our one of our Directors.
If you believe that we have not complied with your data protection rights, you may file a complaint to the Office of the Information and Data Protection Commissioner (address: Floor 2, Airways House, Triq Il-Kbira, Sliema, Malta, phone: +356 2328 7100, website: https://idpc.org.mt/en/Pages/contact/complaints.aspx )