- Important information and who we are
- The data we collect about you
- How is your personal data collected?
- How we use your personal data
- Disclosure of your personal data
- International transfers
- Data security
- Data retention
- Your legal rights
1. Important information and who we are
This website is not intended for children and we do not knowingly collect data relating to children. In fact, as our Services concern MALTDAQ’s Live Marketplace for Whisky, users of our Services must be 18 or over in accordance with Section 2 of our Terms and Conditions of Use
Full name of legal entity: MALTDAQ Limited
Email address: firstname.lastname@example.org
Postal address: MALTDAQ Limited, Unit 32, Stretford Motorway Estate, M32 0ZH
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
If you are a Member you may review, update, correct or delete the personal information provided in your account profile by changing your account settings in ‘My Account’. For all Members, this will allow us to keep in touch with you about your account.
2. The data we collect about you
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 transfer different kinds of personal data about you which we have grouped together as follows:
- Identity Data includes first name, last name and username or similar identifier
- Contact Data includes shipping address, billing address, email address and telephone numbers.
- Transaction Data includes details about your Account and the Services you utilise.
- 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, purchases and sales you have made through MALTDAQ, preferences, feedback and survey responses.
- Usage Data includes information about how you use our website, the Services connected with Your Account and any additional services.
- Marketing and Communications Data includes your preferences in receiving marketing from us.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
We do not collect financial data, such as bank account and payment card details as we work with trusted third party payment processing providers in order to securely take and manage payments and payouts. We may however share your personal data with payment processing providers where it is necessary for us to do so, such as to fulfil chargebacks or refunds and for fraud detection and prevention purposes. See section 5. Disclosures of your Personal Data, below.
If you fail to provide personal data
Where we need to collect personal data from you for the purpose of you setting up and maintaining a Membership Account with us, and you fail to provide that data when requested, we will not be able to set up or continue with the Account.
Where we need to collect personal data from you by law, or where we provide you with Services, and you fail to provide that data when requested, we may not be able to perform the contract we have or provide the Services. In this case, we may have to refrain from providing the Service but we will notify you if this is the case at the time.
3. How is your personal data collected?
We use different methods to collect data from and about you including through:
You may give us your Identity and Contact Data by filling in forms and applications online or by corresponding with us by phone, email or otherwise. This includes personal data you provide when you:
- sign up to become a member of MALTDAQ
- subscribe to alerts and updates;
- purchase Products through the website;
- sell Products through the website;
- request marketing to be sent to you; or
- give us feedback or contact us.
Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies.
We do not collect any additional information about you from Third Parties.
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:
- To set up and administer your Membership Account.
- To perform the Services, such as to communicate with you about the Product(s) you are buying or selling, to ship Products to you, collect Products from you or to deal with any queries you may have relating to our Services.
- 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 obligation.
See below – section 10 Glossary, Lawful Basis – to find out more about the types of lawful basis that we will rely on to process your personal data.
Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before 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 us.
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.
Note that we may process your Personal Data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
NOTE: Our Members’ anonymity is important to us and shall endeavour to ensure that the identity of a Buyer is not revealed to a Seller and the identity of a Seller is not revealed to the Buyer unless, we are we are required to make any such disclosure by law.
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
We may use your Identity, Contact, Technical, Usage and Profile Data to suggest offers which we think may be of interest to you.
You will receive marketing communications from us if you have requested information from us or used our Services and you have opted in to receiving that marketing.
We do not share your data with any third party for marketing purposes.
You can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us 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 Service experience or other transactions.
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.
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 share your personal data with the parties set out below for the purposes set out in the table under ‘Purposes for which we will use your personal data’ (in section 4 above).
- External Third Parties as set out in the Glossary (section 10. below).
6. International transfers
We will not transfer your personal data outside the European Economic Area (EEA) without first getting your explicit consent and having provided you with details of the safeguards we have in place for doing so.
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 addition, we limit access to your personal data to those employees, agents, contractors 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 duty of confidentiality.
We have 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.
8. Data retention
How long will you use my personal data for?
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
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, regulatory, tax, accounting or other requirements.
In some circumstances you can ask us to delete your data: see ‘your legal rights ‘ (section 9 below) for further information.
In some circumstances we will 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.
9. Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please see ‘Your Legal Rights’ below to find out more about your right to:
- Request access to your personal data.
- Request correction of your personal data.
- Request erasure of your personal data.
- Object to processing of your personal data.
- Request restriction of processing your personal data.
- Request transfer of your personal data.
- Right to withdraw consent.
If you wish to exercise any of the rights set out above, please contact us at email@example.com or by writing to us at MALTDAQ Ltd., Unit 32, Stretford Motorway Estate, M32 0ZH.
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 could 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 could 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.
“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). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
“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.
“Comply with a legal obligation” means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.
External Third Parties
- Service providers based in the United Kingdom who provide IT and system administration services. They may access your personal data to the extent they need to in order to provide their services.
- Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the UK who provide consultancy, banking, legal, insurance and accounting services.
- Card and other Payment Processors. We do not collect financial data (as detailed in Section 2, above) but it may be necessary for us to pass your personal data to card and other payment processors where it is necessary in the performance of the contract.
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.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, 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 there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where 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:
- If you want us to establish the data’s accuracy.
- Where our use of the data is unlawful but you do not want us to erase it.
- 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.
- 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 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. If you withdraw your consent, we may not be able to provide certain services to you or retain your Membership with us. We will advise you if this is the case at the time you withdraw your consent.
Please see ‘What we may need from you’ (section 9, above) should you request restriction of processing of your personal data, request the transfer of your personal data to you or to a third party or withdraw consent at any time where we are relying on consent to process your personal data.
Updated: 30th September 2021