Website Privacy Policy

1. Definitions

While we went through extensive effort to explain the processing that takes place on any personal data collected through the website please do contact us if you feel that this notice does not in, anyway, answer your queries or concerns.  

 ‘Comply with a legal or regulatory obligation’ means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to. 

‘Consent’ of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her; 

‘Controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law; 

‘Data Protection Legislation’ means (i) unless and until the General Data Protection Regulation is no longer directly applicable in Malta, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in Malta and then (ii) any successor legislation to the GDPR or the Data Protection Act (Ch. 586 of the Laws of Malta). 

‘Identifiable Natural Person’ is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person; 

‘Legitimate Interest’ means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).  

‘Performance of Contract’ means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract. 

‘Personal Data’ means any information relating to an identified or identifiable natural person (‘data subject’); 

‘Processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction; 

‘Processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller; 

‘Special Category’ means any information relating to racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation. 

2. About Us and the Supervisory Authority 

As a Controller we have appointed a Data Privacy Officer who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the Data Privacy Officer using the details set out below. We appreciate the chance to deal with your concerns before you approach the Maltese supervisory authority. Notwithstanding this you have the right to make a complaint at any time to the Information and Data Prtotection Commissioner’s Office (IDPC), the Maltese supervisory authority for data protection issues. We have set out below the contact details of our Data Protection Lead and the supervisory authority.

CONTACT DETAILS   

Contact	Data Protection Officer	Supervisory Authority (IDPC)
Address	Centre Dome, 248, Level 1,   Main Street, Mosta 1017	Level 2, Airways House,   High Street, Sliema
Email	stephanie@esprimi.wpenginepowered.com	idpc.info@idpc.org.mt
Phone	22470700	23287100

THIRD-PARTY LINKS   

Our website may include links to third-party website, plug-ins and applications. When users click on these links or enable the connections they may be allowing third parties to collect or share data about them. ESPRIMI has no control on these third-party websites and is not responsible for their privacy statements. Users leaving our website, are encouraged to read the privacy notice of every other website they visit. 

3. Data Processing by this Website   

Esprimi may process different kinds of personal data about the website users. This data has been grouped together and listed below:   

• Identity Data includes first name, last name, username or similar identifier, marital status, title, date of birth and gender.
• Contact Data includes address, email address and telephone number/s.
• Transaction Data includes details about payments from to/you and other registration details of surveys/activities you have filled/registered for.
• Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
• Profile Data includes your username and password, applications made by you, your interests, preferences, and feedback.
• Usage Data includes information about how you use our website, courses and services.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences. 

ESPRIMI does not collect any Personal Data which is classified as Special Category under the Data Protection Legislation unless you freely provide it to us to make appropriate arrangements such as for accessibility purposes. Nor does it collect any information about criminal convictions and offences.

 

FAILURE TO PROVIDE PERSONAL DATA   

If you fail to provide us with personal data when requested in circumstances where it is needed by law, or under the terms of a contract we have or we will be enetering with you, ESPRIMI may not be able to perform the contract we have or are trying to enter into with you (for example, participation in a research activity). In such cases, Esprimi may have to cancel your account but you will be notified if this is the case at the time.  

4. How Esprimi Collects Your Personal Data

Esprimi uses different methods of data collection from and about the website users including through: 

• Direct interactions. You may give us your Identity, Contact and Personal Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

i. Register in our community; 

ii. Subscribe to our mailing list or; 

iii. Give us feedback.

• Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, and other similar technologies. Please read our cookie policy for further details.

• Third parties or publicly available sources. We may receive personal data about you from various third parties as set out below:

i. Technical Data from the following parties:

(a)  analytics providers such as Google based outside the EU and Bitrix based inside the EU;

(b) Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as Revolut based inside the EU.

(c) Preeo Software our website development team based inside the EU (http://preeo.software, registered address: Entrance C, Level 2, Capital Business Centre, Zwejt Street, San Gwann, SGN 3000. Malta)

5. How is Your Personal Data Used 

Your personal data is only used when we are allowed to do so according to the law. Following are circumstances when Esprimi will use your personal data: 

• to perform the contract we are about to enter into or have entered into with you. 

• if necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

• if we need to comply with a legal or regulatory obligation. 

We do not rely on consent, as much as possible, as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting our Data Protection Lead. 

REASONS WHY YOUR PERSONAL DATA WILL BE USED BY US  

The table below indicates all the ways Esprimi envisages to use the website users’ personal data, and which of the legal bases it will rely on to do so. Where appropriate we have also listed what the Esprimi’s legitimate interests are.

Purpose/Activity	Type of data	Lawful basis for processing including basis of legitimate interest
To register you for our community	(a) Identity  (b) Contact	Performance of a contract with you
To process and deliver your application including:  (a) Manage voucher redemption	(a) Identity  (b) Contact   (c) Marketing and Communications	(a) Performance of a contract with you  (b) Necessary for our legitimate interests
To manage our relationship with you which will include:  (a) Notifying you about changes to our terms or privacy notice  (b) Asking you to leave a review	(a) Identity  (b) Contact  (c) Profile  (d) Marketing and Communications	(a) Performance of a contract with you  (b) Necessary to comply with a legal obligation  (c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our services and to improve our services)
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)
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences	(a) Technical  (b) Usage	Necessary for our legitimate interests (to define types of students for our courses, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about courses or services that may be of interest to you and/or the company you work for.	(a) Identity  (b) Contact  (c) Technical  (d) Usage  (e) Profile	Necessary for our legitimate interests (to develop our courses/services and grow our business)

 

MARKETING   

 We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.  

OFFERS FROM US   

 Esprimi may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which courses may be relevant for you (we call this marketing). 

You will receive marketing communications from Esprimi if you have requested information from us or registered in our community and, in each case, you have opted in to receiving that marketing. 

THIRD-PARTY MARKETING   

We will get your express opt-in consent before we share your personal data with any company outside Esprimi for marketing purposes. In which case you will be also informed about the company’s identity.

OPTING OUT   

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out/unsubscribe links on any marketing message sent to you or by contacting our data protection officer at any time. 

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a course subscription, service experience or other transactions. 

COOKIES   

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our cookie policy.
 

CHANGE OF PURPOSE   

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. 

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law. 

6. Sharing of Your Personal Data   
 

We may have to share your personal data with the parties set out below for the purposes set out in the table in section 5 above. 

 INTERNAL THIRD PARTIES   

 Other departments within Business Leaders Malta acting as joint controllers or processors and who are based in Malta and provide IT and system administration services. 

EXTERNAL THIRD PARTIES   

• Service providers acting as processors based in Malta who provide IT and system administration services.

• Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in Malta who provide consultancy, banking, legal, insurance and accounting services. 

• Regulators and other authorities acting as processors or joint controllers based in Malta who require reporting of processing activities in certain circumstances.

• 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, then the new owners may use your personal data in the same way as set out in this privacy notice. 

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. 

7. Cross Border Data Transfer   

We do not transfer your personal data outside the European Economic Area (EEA). 

 

8. Security   

 
We have implemented appropriate security measures in order to protect your personal data from alteration, destruction, disclosure, loss, misuse or accessed in an unauthorised way. Access to your personal data is limited to authorised persons only have a business need to access it. Such access is bound by confidentiality. 

Esprimi has procedures in place 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. 

9. Retention Periods   

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. 

We keep basic information about our Esprimi clients for as long as you are a member of the community and another 3 (three) years after the final transaction for financial purposes. 

 In some circumstances you can ask us to delete your data: refer to Request erasure in section 10 below for further information. 

 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. 

 

10. Your Rights   

 
You have the right to:  

 

• be informed. We have made this Privacy Notice available to keep you informed. 

• access. Please contact our data protection officer if you wish to access the personal information we hold about you. You will be provided with a Subject Access Request form following your initial request. 

• rectification. Please contact our data protection lead if you wish to rectify your information. We will also rectify the information you have consented us to pass on to third parties if it is the case.

• erasure. Please contact our data protection officer if you want us to erase all your personal data and we do not have a legal reason to continue to process and hold it. 

• restrict processing. Please contact our data protection officer if you want us to restrict processing of your data. In this case we will restrict processing but we will still hold the data. 

• data portability. Please contact our data protection officer if you want information on how to port your data elsewhere. This right only applies to personal data that you have provided to us. The data must be held by us by consent or for the performance of a contract. 

• object. You have the right to object to us processing your data even when we do so for our legitimate interests. If you wish to object please contact our data protection officer. 

• withdraw consent. If you have given us your consent to process your data but later changed your mind, you have the right to withdraw your consent at any time. Please contact our DPO in case you wish to withdraw consent. 

NO FEE USUALLY REQUIRED   

 You will not have to pay a fee to access your personal data (or to exercise any of the other listed mentioned above). 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. 

11. Changes to this Privacy Notice   

 
We may change this Privacy Notice from time to time. If we make significant changes in the way we treat your personal information, or to this Privacy Notice, we will make that clear on our websites and also through your prefered way of communication, so that you are able to review the changes.   

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