Helen O’Grady Academy (Malta) Privacy Policy

Introduction

Welcome to Helen O’Grady Academy Malta’s privacy policy (the ‘Policy’).

Helen O’Grady Academy Malta [INSERT COMPANY NUMBER AND ADDRESS], herein (“we”, “us”, “our” or “Helen O’Grady Malta”) and our affiliates respect your privacy and are committed to protection your personal data. Helen O’Grady Malta is part of an international group providing drama classes to students of all ages, herein the “Services”.

This policy explains the basis on which your personal data is processed by us, how we will handle and look after your personal data, including in relation to when you visit our website (regardless of where you visit it from), and informs you about (i) our obligations in regard to processing your personal data responsibly, (ii) your data protection rights as a data subject and (iii) how the law protects you. It should be read in conjunction with our Cookie Policy, which can be accessed via the following link.

We process your data in an appropriate and lawful manner, in accordance with the Data Protection Act (Chapter 586 of the Laws of Malta) (the “Act”) and the General Data Protection Regulation (Regulation (EU) 2016/679) (the “GDPR”), following its application on 25th May 2018 and any amendments thereto.

Important Information

This Website is not directed towards children[PMG1]  and is not intended to market its Services directly toward children. Any information submitted over this Website should be submitted by adults or the legal guardians of any minors wishing to attend any of our classes.

 

  1. Important Information and Who We Are;
  2. The Data We Collect About You;
  3. How is Your Personal Data Collected;
  4. How We Use Your Personal Data;
  5. Disclosures of Your Personal Data;
  6. No International Transfers;
  7. Data Security;
  8. Data Retention;
  9. Your Legal Rights;
  10. Google Analytics

1. Important Information and Who We Are

Purpose of this Notice

This Notice aims to give you information on how Helen O’Grady Malta, as defined above, collects and processes your personal data (i) when you use our Services and furthermore, (ii) through your use of this website (the “Site”), including any data you may provide via the Site

It is important that you read this Policy, together with any other privacy Policy or fair processing Policy we may provide on specific occasions when we are collecting or processing personal data about you, so that you are fully aware of how and why we are using your data. This Policy supplements the other Policies and is not intended to override them. Moreover, certain processing activities require your express consent to be carried out, as indicated below in this Policy.

 

Controller

Helen O’Grady Academy [INSERT COMPANY DETAILS AND ADDRESS] is the controller and responsible for your personal data.

If you have any questions about this Policy, including any requests to exercise your legal rights as a data subject, please contact our Data Protection Contact Point (“DPCP”) using the details set out below.

You can address any comments, queries or complaints to the DPCP, using the details indicated below, with the words ‘Data Protection Matter’ in the subject line.

 

Contact details

Our full details are:

Full name of legal entity: Helen O'Grady Malta

Email address: info@helenogradymalta.com

Postal address: The Helen O’Grady Academy Malta, 73, Middle Street, Siggiewi, SGW 1202, Malta

You have the right to lodge a complaint at any time to the competent supervisory authority in your jurisdiction on data protection matters. In the case of Malta, this is the Information and Data Protection Commissioner (“IDPC”) (https://idpc.org.mt/en/Pages/Home.aspx). 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.

 

Changes to the Policy and Your Duty to Inform Us of Changes

This version of the Policy was lasted updated on 18/07/2018.  It is imperative that the personal data we hold about you is accurate and current at all times. Please keep us informed if your personal data changes during your relationship with us.

 

Third-Party Links

The 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 policies. When you leave our website, we encourage you to read the privacy policy of every website you visit.

 

2. The Data We Collect

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).

We may collect, use, store and disclose different kinds of personal data about you which we have grouped together as follows:

  • Identity Data includes name and date of birth and school. In particular we may collect information relating to the school which they attend in order to try and sort them into classes with children with whom they go to school
  • Contact Data includes address, email address and telephone or mobile numbers.
  • Financial Data includes your bank account and credit card details
  • Sensitive Data includes health information such as allergen information or other health data which may be necessary to ensure the health and safety of our students.
  • Specific Child Data includes names of parents of children attending our courses in order to be able to contact you in case of an emergency.
  • Technical Data includes internet protocol (IP) address, your login data (account registration), 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 the Site.
  • Usage Data includes information about how you use the Site
  • Marketing and Communications Data includes your preferences in receiving marketing from us and our business partners and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregate 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 website feature. 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 privacy Policy.

 

If You Fail to Provide Personal Data

Where we need to collect personal data by law, or in order to register you as a member and you fail to provide that data when requested, we may not be able to perform the contract which we have or which we are otherwise trying to enter into with you (namely regarding your registration as a member of our voluntary organisation). In such a case, we may have to cancel, or otherwise refuse to process your enrolment form.

 

If you Choose Not to Provide Your Consent

In certain cases you shall be asked to provide your consent in order for us to process certain personal data, in particular Sensitive Data. We shall only process such Sensitive Data for the purpose specified in the enrolment form available on our website, namely to ensure health and safety of our students.

Should you choose not to provide your consent, we shall be unable to process such personal data and therefore you will not be able to submit this information without providing your explicit consent.

You may choose to withdraw your consent to us processing such Sensitive Data at any time. In the event that you choose to withdraw your consent we shall cease to process such personal data and you assume full responsibility for any consequences resulting from the withdrawal of your consent.

Sensitive Data will be accessible solely by authorised personnel as required for the safety of the student.

In case of emergency only, some details may be given to authorized personnel.Otherwise no personal and sensitive data will be passed on to third parties unless it is explicitly expressed in writing. No personal data related to any student shall be passed on third parties without your explicit consent, unless such third parties are medical professionals in cases where the student needs medical attention or in compliance with a lawful order issued by a competent regulatory or governmental authority, the Police or a court or tribunal.

 

3. How is Your Personal Data Collected

We use different methods to collect data from and about you, including through:

(i). Direct Interactions: You may give us your Identity, Contact and Financial Data by engaging us to carry out our Services or by corresponding with us by post, phone, e-mail or otherwise. This includes personal data you provide when you:

  • Fill out the enrolment form on our website;
  • Send us an enquiry over the Contact Form available on our website;
  • Contact us over phone or via email; or
  • Give us some feedback.

(ii). Automated technologies or interactions. As you interact with the Site, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs, and other similar technologies. Please see our cookie policy for further details about this.

(iii). Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources including Identity and Contact Data from publicly availably sources, such as company registers and credit check databases.

 

4. How We Use Your Personal Data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into with you, namely when you submit an application form to become a registered member.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal or regulatory obligation.
  • As indicated above we may also process personal data in certain circumstances on the basis of the consent you provide.

Purposes for Which We Will Use Your Personal Data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so.

We have also identified what our legitimate interests are where appropriate

Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest

To enrol you as a student and enter into a contract with you

(a) Identity

(b) Contact

(c) Financial
(a) Take steps to enter into a contract with you

a) To provide the Services you request;

(b) Manage payment, invoicing and costs and collect and recover money owed to us.

(a) Identity

(b) Contact

(c) Financial

a) Performance of a contract with you

(b) Necessary for our legitimate interests (to recover debts due to us and prevent fraudulent transactions).

To manage our relationship with you, which will include:

(a) Notifying you about changes to our terms or this Policy.

(b) To resolve any issues which you have reported regarding your membership

(c) To inform you of any material developments, in particular in case of an emergency

(a) Identity

(b) Contact

(c) Specific Child Data

(a) Performance of a contract with you.

(b) Necessary for compliance with our legal obligation

To administer our Site (including troubleshooting, data analysis, testing, system maintenance, support, safety and security testing, 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 and prevention of hacks and other attacks

To ensure the health and safety of our students and take steps in case of an emergency

(a) Identity

(b)Contact

(c) Specific Child Data

(d) Sensitive Data
(a) Processing is carried out on the basis of consent

 

 

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.

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@helenogradymalta.com

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.

 

5. Disclosures of Your Personal Data

We may have to share your personal data with the parties set out below, strictly for the purposes set out in the table in paragraph 4 above. These include:

  • The Commissioner for Inland Revenue;
  • The Commissioner for Revenue;
  • Our IT and system support providers.

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. Furthermore, these third parties and process your data on the basis of strict confidentiality and subject to the appropriate security measures and safeguards.

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 with you, or to protect our rights, property or safety, that of our partners or other users of the Site and Services. This includes exchanging information with other companies and organisations for the purposes of fraud protection.

We may transfer your personal data to our parent company Helen O'Grady CI Limited located at Helen O'Grady CI Limited, North Side, Vale, Guernsey, GY3 5TX,, United Kingdom]. Such transfers are carried out in furtherance of our legitimate interest to consolidate internal reporting and accounting procedures and promote business efficiency.

 

6. No International Transfers

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

 We may transfer any personal data we hold to a country outside the EEA provided that: 

  1. The country to which the personal data is transferred ensures an adequate level of protection for the data subject’s rights and freedoms recognised under EU data protection law;
  2. The transfer is necessary for the performance of the contract we enter into with you upon your enrolment in our classes; 
  3. The transfer is necessary for the performance of a contract concluded in your interests between us and another person;
  4. The transfer is necessary for important reasons of public interest; or
  5. The transfer is necessary for the filing, or defence, of legal claims;

 If we have to transfer your data outside the EU for any other reason, we shall ensure that the necessary safeguards are in place to legitimise such transfers of personal data.

 

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. In particular we use Secure Socket Layer (SSL) technology to ensure the security of any information passed over our Website.

In addition, we limit access to your personal data to those employees, agents, contractors, partners, service providers and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a strict and rigid duty of confidentiality.

Furthermore, 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, and within the timeframe prescribed at law.

 

8. Data Retention

How long will you use my personal data for?

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.

By and large, retention of most data shall not exceed the period of six (6) years from the date of termination of your membership with us. This period of retention enables us to use the data for the defence of possible future legal claims (taking into account the applicable prescriptive period at law, plus a slight grace period past the expiry of prescription). In certain cases, we may retain your data for a period which will not exceed ten (10) years from the date of termination or completion of the Services and this will be retained in order for us to comply with applicable accounting and tax laws.

Data Minimisation

Whenever and to the extent possible, we anonymise 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 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 Policy to you.

 

9. Your Legal Rights

You have the right to:

  • Request access to your personal data (commonly known as a "data subject access request"). 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@helenogradymalta.com  requesting information as the personal data which we process. You shall receive one copy free of charge via email of the personal data which is undergoing processing. Any further copies of the information processed shall incur a charge of € [●].
  • Right to 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 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. This enables you to ask us to delete or remove personal data where:

a) there is no good reason for us continuing to process it;

b) you have successfully exercised your right to object to processing (see below);

c) we may have processed your information unlawfully; or

d) 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.

  • Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want 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.                                              In some cases, we may 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:

a) if you want us to establish the data's accuracy;
b) where our use of the data is unlawful but you do not want us to erase it;
c) 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
d) 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 to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. Withdrawal of consent may, however, affect or impair the possibility of us providing you with the Services. We will advise you if this is the case at the time you withdraw your 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 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 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.

 

10. Google Analyticis

So as to improve the quality and overall user experience of the Website, we are using Google Analytics Advertising Features, including Google Universal Analytics.

We use these analytical tools in order to calculate information relating to the number of visitors to our Website as well as how users interact with our Website, including how long they spend browsing our Website.

If you would like to opt-out of Google Analytics for display advertising, you may do so by using the Ads Preference Manager. In addition, there is also a Google Analytics Opt-Out browser add-on that you can download at https://tools.google.com/dlpage/gaoptout.

 

Conclusion

Any changes that we may make in the future to this Policy will be visibly posted on the Site and, if appropriate, notified to you via email.

 If you have any questions regarding our privacy policy, or if you would like to send us your comments, please contact us today or alternatively write to our DPCP using the details below.

Address: The Helen O’Grady Academy Malta, 73, Middle Street, Siggiewi, SGW 1202, Malta

Email: info@helenogradymalta.com

Please check back frequently to see any updates or changes to this Policy.