Introduction
We appreciate the trust you place in us when sharing your personal data. The security of that data is very important to us. In this document, we will explain how we collect, use and protect your personal data.
We will also explain what rights you have with regards to your personal data and how you can exercise those rights.
Who we are
EMCS Advisory Ltd. is a member firm of a number of related organisations, such EMCS Partners, EMCS Ltd., and EMCS International Services Ltd.. The full list can be found in section 3 below along with their associated websites.
EMCS Advisory Ltd. is the data controller for all the organisations within the group of companies. This means that EMCS Advisory Ltd. determines what data is collected by each organisation within the group, how this data is going to be used and how this data is protected.
Our registered office address is:
EMCS Advisory Ltd.
Level 2 Regional Business Centre
University Heights
Msida MSD1751
Malta
If you have questions about how we process personal data, or would like to exercise your data subject rights, please email us at data-protection(at)emcs.com.mt.
Companies and Website within Scope
The following companies and websites are within scope for this privacy policy:
| EMCS Advisory Ltd. | www.emcs.com.mt |
| EMCS Ltd | www.emcs.com.mt |
| EMCS Partners | |
| EMCS Academy | www.emcsacademy.com |
| MITC | www.mitcentre.com |
Unless specifically stated, we consider these websites to be EU based websites.
This policy also covers any additional personal data collected through our websites, by telephone, and through any related social media applications.
Collection of Personal Data
We collect personal data from you 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 a contract that we have entered into with you or with the entity that you represent;
- To ensure the security and safe operation of our websites and underlying business infrastructure, and
- To manage any communication between you and us.
The table in Section 5 below provides more detail about the data that we collect for each of these purposes, the lawful basis for doing so, and the period for which we will retain each type of data.
Technical Information
In addition, and in order to ensure that each visitor to any of our websites can use and navigate the site effectively, we collect the following:
- Technical information, including the Internet Protocol (IP) address used to connect your device to the Internet;
- Your login information, browser type and version, time zone setting, browser plug-in types and versions;
- Operating system and platform;
- Information about your visit, including the Uniform Resource Locators (URL) clickstream to, through, and from our site.
This information is collected among other using small technical files stored on your browser also referred to as cookies.
The Legal Basis for the Processing of Personal Data
The table below describes the various forms of personal data we collect and the lawful basis for processing this data. Our business architecture, accounting and systems infrastructure and compliance organisation means that all personal data is processed on common, Group-wide platforms. We have processes in place to make sure that only those people in our organisation who need to access your data can do so. A number of data elements are collected for multiple purposes, as the table below shows. Some data may be shared with third parties and, where this happens, this is also identified below.
| Purpose of collection | Information category | Data collected | Purpose for collection | Lawful basis for processing | Data shared with? | Retention period |
| 1. To provide you with information | Subject matter information | Name, company name, geographic location, email address, business sector. | To provide appropriate online or email information about services that you have requested | Contractual fulfilment | Internally only | Maximum 9 years from the data the information is collected. |
| To provide further, related, online or email information and ongoing news updates in relation to the identified area of interest. | Legitimate interest | Internally only | ||||
| Telephone number | Follow-up to ensure requested information meets needs and identify further requirements | Legitimate interest | Internally only | |||
| Personal contact information as provided through website forms or at trade shows or any other means. | General mailing list subscription | Consent | Internally only | |||
| 2. Security | Security information | Technical information, as described above, plus any other information that may be required for this purpose | To protect our websites and infrastructure from cyber attach or other threats and to report and deal with any illegal acts. | Legitimate interest | Internally, forensic and other organisations with whom we might contract for this purpose. | Relevant statutes of limitation |
| 3. Communications | Contact information | Names, contact details, identification details | To communicate with you about any issue that you raise with us or which follows from an interaction between us. | Legitimate interest | Internally and, as necessary, with professional advisers. | Relevant statutes of limitation. |
Storage of Personal Data
EMCS Advisory is a Malta-domiciled organisation whose offices are in Malta. Our websites and web applications are hosted in the EU and are accessed only by our EU-based staff.
Our customer relationship management, marketing, market research, timekeeping and accounting systems for all our businesses are either EU-based or hosted by companies that participate in the EU –U.S. Privacy Shield Framework.
We use a wide range of Cloud Service Providers (CSPs) to process and host our data. Unless we specifically state otherwise, we are, in respect of all these CSPs, the data controller and the CSPs that we use utilise EU-located processing facilities.
Our banking arrangements are based in the EU.
We regularly send documents to clients around the world; we therefore use logistics companies that are based outside the EU and operate in other countries. We have appropriate legal and security relationships with those partners.
We operate a data retention policy in respect of all data, whether paper-based or digital and those aspects of it which relate to personal data are contained in the table at 5, above.
Security Measures
We have what we believe are appropriate security controls in place to protect personal data. Risk assessment, including assessing risks to the rights and freedoms of data subjects. 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.
Your Rights as a Data Subject
As a data subject whose personal information we hold, you have certain rights. If you wish to exercise any of these rights, please email data-protection(at)emcs.com.mt or use the information supplied in the Contact us section below. Your rights are as follows:
The right to be informed
As a data controller, we are obliged to provide clear and transparent information about our data processing activities. This is provided by this privacy policy and any related communications we may send you.
The right of access
You may request a copy of the personal data we hold about you free of charge. Once we have verified your identity and, if relevant, the authority of any third-party requestor, we will provide access to the personal data we hold about you as well as the following information:
a) The purposes of the processing
b) The categories of personal data concerned
c) The recipients to whom the personal data has been disclosed
d) The retention period or envisioned retention period for that personal data
e) When personal data has been collected from a third party, the source of the personal data
If there are exceptional circumstances that mean we can refuse to provide the information, we will explain them. We reserve the right to refuse requests that are frivolous or vexatious. If answering requests is likely to require additional time or occasions unreasonable expense (which you may have to meet), we will inform you.
The right to rectification
When you believe we hold inaccurate or incomplete personal information about you, you may exercise your right to correct or complete this data. This may be used with the right to restrict processing to make sure that incorrect/incomplete information is not processed until it is corrected.
The right to erasure
Where no overriding legal basis or legitimate reason continues to exist for processing personal data, you may request that we delete the personal data. This includes personal data that may have been unlawfully processed. We will take all reasonable steps to ensure erasure.
The right to restrict processing
You may ask us to stop processing your personal data. We will still hold the data, but will not process it any further. This right is an alternative to the right to erasure. If one of the following conditions applies you may exercise the right to restrict processing:
a) The accuracy of the personal data is contested
b) Processing of the personal data is unlawful
c) We no longer need the personal data for processing but the personal data is required for part of a legal process
d) The right to object has been exercised and processing is restricted pending a decision on the status of the processing
The right to data portability
You may request your set of personal data be transferred to another controller or processor, provided in a commonly used and machine-readable format. This right is only available if the original processing was on the basis of consent, the processing is by automated means and if the processing is based on the fulfilment of a contractual obligation.
The right to object
You have the right to object to our processing of your data where
- Processing is based on legitimate interest;
- Processing is for the purpose of direct marketing;
- Processing is for the purposes of scientific or historic research;
- Processing involves automated decision-making and profiling.
Contact Us
Any comments, questions or suggestions about this privacy policy or our handling of your personal data should be emailed to data-protection(at)emcs.com.mt
Alternatively, you can contact us using the following postal address or telephone numbers:
EMCS Advisory
Level 2
Regional Business Centre
University Heights
Msida MSD 1751
Malta
Telephone: +356 27772777
Fax: +356 21318677
Our phone operators are available 9:00 am – 5:00 pm CET, Monday to Friday and will take a message and ensure the appropriate person responds as soon as possible.
Complaints
Should you wish to discuss a complaint, please feel free to contact us using the details provided above. All complaints will be treated in a confidential manner.
Should you feel unsatisfied with our handling of your data, or about any complaint that you have made to us about our handling of your data, you are entitled to escalate your complaint to a supervisory authority within the European Union. For Malta, this is the Office of the Information and Data Protection Commissioner, who is also our lead supervisory authority. Its contact information can be found at https://idpc.org.mt/en/Pages/contact/Contact-Information.aspx.