PRIVACY POLICY - ASC1 MALTA LIMITED & ASC1 DEUTSCHLAND GMBH
Information to contractual partners and their contact persons
This Privacy Notice ("Notice") is intended for contractual partners of ASC1 Malta Limited (40 Villa Fairholme, Sir Agustus Bartolo Street, Ta'Xbiex, XBX 1095, Malta; e-mail: info@asc1malta.com.mt) and ASC1 Deutschland GmbH (Sudetenweg 48, 50858 Köln, Deutschland; e-mail: info@asc1.de); "We" or "Us" or "Company", including all grammatical permutations of each of those words) who are natural persons (hereinafter referred to as “Individual Contractual Partners”), as well as natural persons who act as contact persons for contractual partners, such as managers, employees, owners and officers of the contractual persons, especially where such contractual persons are legal persons (hereinafter collectively referred to as, “Contact Persons”). Information falling within the definition of personal data as set out in Regulation (EU) 2016/79 (hereinafter the “GDPR”) concerning Individual Contractual Partners and Contact Persons is hereinafter referred to as “Personal Data”. We act as a responsible controller, and where applicable, processor, of your Personal Data.
Why do we process your Personal Data?
1. For the performance of contractual obligations arising from contractual relationships entered into with you or with your employer or entity you represent as our contractual partner.
· Categories of data processed: Identification data (name; place and date of birth); Contact details (address, e-mail address and telephone number(s)); Job related information (name of the employer, job title and position level); Contract information (such as the subject of the engagement and description of the economic transaction); Banking details (bank account number and payment details); Communication details (email content, business letter content and business documents).
· Sources of the data: directly from you, from our contractual partners or from other public sources (such as the company register).
· Legal basis of the data processing:
o With respect to Contact Persons: Any Personal Data relating to Contact Persons is lawfully processed on the basis of Article 6(1)(f) of the GDPR (legitimate interest). If you personally are not our contractual partner, we have a legitimate interest to have ongoing contact with you (as a person employed, assigned or providing services to our contractor) in order to facilitate and monitor our contractual relationship with the person that is our contractual partner or to conduct business intelligence and related profiling (pursuant to Article 6(1)(f) of the GDPR).
o With respect to Individual Contractual Partners and other natural persons contracting with Us, where applicable: Any Personal Data relating to any of the foregoing persons is lawfully processed on the basis of Article 6(1)(b) of the GDPR, which relates to the processing of Personal Data which is necessary for the performance of the contract and obligations arising therefrom.
If you require further detailed information with regard to our legitimate interests for processing and the test's results, please contact us via any of the aforementioned means of communication.
2. Compliance with our tax and accounting obligations
· Categories of data processed: Identification data (name; place and date of birth); Contact details (address, e-mail address and telephone number(s)); Job related information (name of the employer, job title and position level); Contract information (such as the subject of the engagement and description of the economic transaction); Banking details (bank account number and payment details); Communication details (email content, business letter content and business documents).
· Sources of the data: directly from you, from our contractual partners or from other public sources (such as the company register).
· Personal Data appertaining to Contact Persons and Individual Contractual Partners may be required to be processed by Us by virtue of a legal obligation to which we are subject, such as, inter alia, tax, employment and accounting related obligations. The legal basis for such processing arises from Article 6(1)(c) of the GDPR, as well as any relevant provisions under Maltese, German and any other law as may be applicable.
If this information is not provided, we may be unable to perform the contract, or to comply with the applicable legislation.
Who may have access to Personal Data?
Within the Company, only selected persons may have access to your data on a restricted "need to know" basis.
Vendors: We use externally provided IT-systems or services provided by third party vendors to support our internal processes. Personal Data may be made available to such vendors to be used for the purposes of the particular system or service, and subject to appropriate data processing agreements between Us and the relevant vendor whereby it is ensured that the vendor has the necessary policies and technical and organisational measures in place to protect and secure the Personal Data in a manner compliant with the GDPR.
Furthermore, Personal Data may be required to be made available to third parties in order for the Company to properly carry out its services in terms of its contractual obligations arising from any agreement entered into between the Company and the relevant contractual partner.
International transfers of Personal Data
Personal Data may be provided to persons in third countries (such as USA, Malaysia, Australia, Japan or Russia) that are located outside the European Economic Area ("EEA"). In such cases, we will ensure that the Personal Data is subject to measures that provide an equivalent level of protection as provided by data privacy laws in the EU (such as the GDPR). We implement standard contractual clauses and other measures to address cross-border data transfer restrictions in data protection laws.
Please contact us via the e-mail address set out above if you would like to receive a copy of these measures that secure the adequacy of personal data transfers abroad.
Retention of Personal Data
We will retain your Personal Data for the duration of our relationship with you. Thereafter, the Personal Data shall be retained in so far as that there remains a lawful purpose, in terms of the GDPR or any other applicable law, on the basis of which the Personal Data may be retained (such as tax, employment and accounting related laws), or where it is in our legitimate interest that the Personal Data be retained (such as to defend or pursue a legal claim). In this respect, the duration period of retention of the Personal Data shall vary depending on the lawful purpose behind the retention of such data. Upon the lapse of the contractual relationship, any lawful purpose or legitimate interest as set out above, we will remove your Personal Data from our systems and records, and/or take the necessary steps to properly anonymize it.
What are the Individual Contractual Partners’ and Contact Persons’ rights?
Any consent given to us in relation to the processing, keeping or otherwise using of Personal Data can be withdrawn. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. In addition, under the conditions set out under applicable law (i.e., the GDPR), you have the following rights:
Right of access: You have the right to obtain confirmation from our end as to whether Personal Data applicable to yourself is being processed, and, where that is the case, you have the right to request access to such Personal Data. The information to which you have the right to request access as set out above includes, inter alia, the purposes of the processing, the categories of Personal Data concerned, and the recipients, or categories of recipients, to whom the Personal Data has been, or will be, disclosed.
You have the right to obtain a copy of the Personal Data being processed. If you request additional copies, we have the right to charge a reasonable fee based on consequential administrative costs.
Right to rectification: You have the right to obtain the rectification of any inaccurate Personal Date concerning yourself. Furthermore, depending on the purposes of the processing, you have the right to have incomplete Personal Data completed, including by means of providing a supplementary statement.
Right to erasure (right to be forgotten): You have the right to ask us to erase your Personal Data.
Right to restriction of processing: Subject to certain requisities, you have the right to request the restriction of processing of your Personal Data. In this case, the relevant Personal Data will be highlighted and may only be processed by Us for certain purposes.
Right to data portability: You have the right to receive the Personal Data concerning yourself, which you have provided to us, in a structured, commonly used and machine-readable format and you further have the right to transmit such Personal Data to another person/s without any hindrance from us.
Right to object:
You have the right to object, on grounds relating to your particular situation, at any time, to the processing of any Personal Data pertaining to yourself and we can consequently be required to refrain from process your Personal Data. If you have a right to object and you exercise this right, your Personal Data will no longer be processed for such purposes by us. Exercising this right will not incur any costs. Such a right to object may not be applicable where, in particular, the processing of your Personal Data is necessary to take steps prior to entering into a contract or to perform a contract already concluded.
Please note that the aforementioned rights might be limited under the applicable national law.
Furthermore, please note that the website uses cookies in order to enable us to provide you with a great experience and to help our website run more effectively.
Any complaints may be sent to any of the email addresses set out above. You also have the right to lodge a complaint with the competent supervisory authority in the particular Member State of your habitual residence for alleged infringement of the GDPR.
Contact Us
To exercise your rights please contact Us via any of the aforementioned means of communication.