Last Updated: Monday, 28th June 2021
I, Dr Martha Carabott, in my profession as Notary Public shall be considered as the Data Controller for the purposes of applicable data protection law, hereinafter referred to as ‘the Notary.’.
The Notary respects your privacy and is committed to protecting your personal data which it processes.
This Privacy Notice explains how the Notary will comply with the applicable data protection legislation, including, the General Data Protection Regulation (EU) 2016/679 (hereinafter referred to as the ‘GDPR’), the Data Protection Act (Chapter 586 of the Laws of Malta, any subsidiary legislation and any other applicable laws relating to privacy and electronic communications, as may be amended from time to time.
It is important that you read this Privacy Notice so that you are aware of how and why we are using your information.
1. DATA CONTROLLER
As the Data Controller, the Notary is responsible for deciding how it holds and uses the personal information collected from you. The Notary may, in certain circumstances, deliver services in partnership with another entity whereby the Notary will be a Joint Controller with that entity.
The Notary’s contact details:
Address: 15, Braille Street, Santa Venera SVR 1694
Tel: +356 2149 3273 / +356 9947 6340
For general contact, please send us an email on martha@nutarmartha.com.
2. DATA PROTECTION PRINCIPLES
The Notary is committed towards compliance. If I need to collect, use or store your Personal Data, i will abide by the following data protection principles:
a) Lawfulness, fairness and transparency – the processing of personal data shall take place in a lawful, fair and transparent manner.
b) Purpose limitation – the collection of personal data shall only be performed for specified, explicit and legitimate purposes and shall not be further processed in a manner which renders it incompatible with those purposes.
c) Data minimisation – the collection of personal data shall be adequate, relevant and limited to what is necessary in relation to the purpose(s) for which they are processed.
d) Accuracy – the personal data shall be accurate and where necessary kept up to date. Having regard to the purpose(s) for which personal data is processed, the Notary shall take every reasonable step to ensure that inaccurate personal data are erased or rectified without undue delay.
e) Storage limitation – personal data shall be kept in a form which permits identification of the data subject, for no longer than is necessary for the purpose(s) for which the personal data is processed.
f) Integrity & Confidentiality – personal data shall be kept confidential and stored in a manner which ensures appropriate security. Personal data shall not be shared with third parties except when necessary and with a justifiable legal basis.
3. PERSONAL DATA
Personal Data is any information relating to an identified or identifiable natural living person, also known as a ‘data subject’.
A data subject can be described as an individual who can be directly or indirectly identified through the information collected and processed by the Notary. Such information may include name, surname, identification number, location data, online identifier or any other data relating to their physical, physiological, genetic, mental, economic, cultural or social identity.
The definition of Personal Data excludes any data which has been rendered anonymous in such a manner that the data subject is no longer identifiable (‘anonymous data’).
Special category data includes data on racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, health data, data concerning a natural person’s sex life or sexual orientation. The Notary will only process special category data, also known as ‘sensitive data’, under strict conditions and with an appropriate legal basis.
I, process personal data about the following categories of data subjects:
- Members of the public;
- suppliers and service providers;
- clients and prospective clients;
- subscribers to our newsletter;
- advisers, consultants and other professional experts;
- complainants and enquirers;
- agents and representatives;
- job applicants (candidates) and employees.
4. THE PERSONAL DATA COLLECTED AND ITS USE
| Personal Data | Purpose for Processing | Lawfulness |
|---|---|---|
| First Name Last Name Contact Number E-mail Address | Invoicing | Legitimate Interest |
| Passport ID Card Bank Reference Letter Professional Reference Letter Proof of Address | Compliance Purposes | Legal Obligation Contractual Obligation |
| Proof of Authorisation to act on someone’s behalf such as Power of Attorney | Identification Purposes | Legal Obligation Contractual Obligation |
| Social Security Number Tax Identification Number | Payroll Purposes | Legal Obligation |
| Personal Data relating to external consultants | To take steps to enter into a contract of Service | Contractual Obligation |
| Server Logfiles | Statistical Evaluation (for more information please refer to our Cookie Policy) | Legitimate Interest |
5. FAILURE TO PROVIDE THE INFORMATION
In most cases, the provision of personal data arises either from statutory requirements or contractual provisions. Where applicable, failure of the provision of personal data will prevent the Notary from complying with its legal or regulatory obligation, concluding contracts, and delivering the services requested.
6. CHANGES TO YOUR PERSONAL DATA
It is important that the personal information we hold about you is current and accurate. Therefore, it is your responsibility to keep us informed should any of your personal information change.
Due to the Notary’s obligations at law, you bind yourself to furnish us with recent suitable documentation for confirmation, on a regular basis, upon a mere verbal request to this effect from us. These may be required for KYC and due diligence purposes as well as to allow me to correctly perform the terms of our engagement, as per the internal operating procedures currently in force at the time.
7. COOKIES
Cookies are small text files placed on your computer by the websites you visit. They are widely used to make websites work more efficiently, as well as to provide information to the owners of the website.
For more information about how we use cookies and to change your cookie preferences kindly read out Cookie Policy.
8. DISCLOSURE OF YOUR PERSONAL DATA
Except as described in this Privacy Notice, I will not intentionally disclose the personal data I collect or store to the third parties unless it is an imposed legal obligation on me to do so.
I will not share your information with any third parties for the purposes of direct marketing.
I use data processors who are third parties who provide elements of services for us. I have agreements in place with data processors. This means that they cannot do anything with your personal information unless instructed to do it. They will hold it securely and retain it for the instructed period.
In some circumstances I am legally obliged to share information. For example, under a court order or where cooperating with other authorities. I might also share information with other regulatory bodies in order to further their, or my, objectives. In any scenario, I will ensure that there is a lawful basis on which to share the information.
I may disclose information to third parties in connection with the above-mentioned purposes, in the following circumstances:
| Recipients of Personal Data | Purpose | Legal Basis for Disclosure |
|---|---|---|
| Malta Business Registry | Notary Service Provider | Contractual Obligations |
| FIAU | AML/CFT Regulations | AML/CFT Regulations |
| Identity Malta | Working Permits | Contractual Obligations |
All third-party service providers are required to take appropriate security measures to protect your personal data. Moreover, I shall only permit third parties to process your personal data for specified purposes and in accordance with our legally binding agreements.
9. INTERNATIONAL TRANSFERS
The information provided to us may be shared with third parties situated in other European Economic Area (‘EEA’) Member States or in countries outside the EEA.
The Notary will only transfer personal data outside the EEA after taking the necessary steps to ensure that your privacy rights continue to be protected, as outlined in this Privacy Notice and in accordance with applicable data protection laws.
For instance, we will transfer your personal data outside the EEA with your consent, to fulfil a legal obligation or to fulfil our contractual obligations.
10. RETENTION OF PERSONAL DATA
The personal data that is processed shall not be kept longer than is necessary. I shall retain your personal data for as long as it is needed to comply with my obligations under applicable law, to enforce contractual agreements, and if relevant, for the establishment, exercise and defence of legal claims.
I will actively review the personal data I handle, process and store, and will delete or anonymise it in a secure manner where there is no longer a legal, business or customer need for it to be retained.
For more information on the retention of your personal data, kindly contact us on:
Mobile: 99476340
Email: martha@nutarmartha.com
In circumstances where it is impossible to specify in advance the periods for which your personal data will be retained, the retention period shall be determined on the following criteria:
a) the purpose(s) was for which your personal data was collected.
b) whether there are any statutory obligations, obliging us to continue to process your information.
c) whether we have a legal basis in place to continue to process your information, including but not limited to consent.
d) the value attached to your information.
e) whether there are any industry practices stipulating how long the information should be retained.
f) the risk, cost and liability attached to such retention; and
g) any other relevant circumstances.
11. DATA SUBJECT RIGHTS
As a data subject you have a number of rights in relation to your personal data. The Notary respects your privacy rights and will endeavour to uphold such rights to the extent that they apply to the way in which we process your personal data.
Your principal rights are:
(i) the right to be informed;
(ii) the right to access;
(iii) the right to rectification;
(iv) the right to erasure;
(v) the right to restrict processing;
(vi) the right to object to processing;
(vii) the right to data portability;
(viii) the right to know of the existence of automated decision-making;
(ix) the right to lodge a complaint with the supervisory authority (IDPC) and/or seek judicial remedy in those cases where you believe that your data protection rights have been infringed following the processing of your personal data by a data controller; and
(x) the right to withdraw consent.
If you wish to exercise any of the above-mentioned rights, please send your request on martha@nutarmartha.com.
Any request made will be given appropriate consideration within the timescales required by data protection legislation. Generally, the Notary will respond to such requests within one (1) month, with the possibility to extend this period to three (3) months for particularly complex requests, in accordance with applicable law. In any such event, we will inform you accordingly.
Prior to processing your request and where deemed reasonably necessary, you will be required to provide us with proof of your identity. This is intended to ensure that the personal data is not disclosed to unauthorised third parties. The Notary may require additional information in relation to such requests in order to speed up our response procedure. We reserve the right to withhold your personal data if disclosing it would adversely affect the rights and freedoms of others.
Generally, when exercising your rights, no fees are applicable. However, if your request is clearly unfounded, repetitive or excessive, we may charge a reasonable fee.
12. SECURITY
The Notary takes appropriate security measures to protect your personal data against loss, misuse, unauthorised access, alteration, disclosure or destruction of your information.
I have taken steps to ensure the ongoing confidentiality, integrity, availability and resilience of systems and services processing personal information and will restore the availability and access to information in a timely manner in the event of a physical or technical incident.
No method of electronic storage and no method of transmission over the internet, is 100% secure. The Notary cannot warrant or ensure the security of any information transmitted to us, but this is done at your own risk. Moreover, we cannot guarantee that such information will not be accessed, disclosed, altered or destroyed by any breach of our physical, technical and/or organisational safeguards.
Regular training on information security practices is provided to all members of staff who process personal data.
The Notary has put in place procedures to deal with any suspected personal data security breach and will notify the Regulator of any such breach where we are required to do so. We will also inform you, as the data subject, of the occurrence of a breach and the steps to take to safeguard your rights.
If you feel that your personal data has been compromised, please contact our Data Protection Officer on:
Mobile: 99476340
Email: martha@nutarmartha.com
13. PRIVACY BY DESIGN & BY DEFAULT
When introducing new technologies, policies or processes, I will ensure that your privacy is considered at the ‘design’ stage. Where applicable and in line with Articles 35-36 of the GDPR, I will carry out a Data Protection Impact Assessment (‘DPIA’).
A DPIA will also be carried out where new technologies are used or where we consider there is a high risk to your rights and freedoms. Where an assessment identifies risks, which cannot be satisfactorily reduced, avoided or eliminated, we will seek advice from the Supervisory Authority (i.e. the Office of the Information and Data Protection Commissioner) prior to initiating the processing.
14. LINKS TO OTHER WEBSITES
Where the Notary provides links to websites belonging to other entities, this Privacy Notice does not in any way cover how that entity processes your personal data.
We encourage you to read the Privacy Notices on the other websites you visit.
15. CHANGES TO THIS PRIVACY NOTICE
This Privacy Notice may change from time to time. If this Notice is changed in ways which affect how your personal information is being used, I will advise you of the choices you may have because of such changes.
I will also post a notice that this Notice has changed.