1. About this Policy
1.1 Servizzi Ewropej f’Malta (“SEM”, “we”, “us” or “our”) having its registered office at 280, Republic Street, Valletta, VLT 1112 is committed to respecting your privacy. SEM is an agency in terms of the Public Administration Act (Chapter 595 of the Laws of Malta), specifically Legal Notice 445 of 2020 promulgated thereunder.
1.2 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 Terms and Conditions.
1.5 SEM processes your personal 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”). Further details on the GDPR can be found at the website for the Office of the Information and Data Protection Commissioner (IDPC) at https://idpc.org.mt/en/Pages/Home.aspx or by contacting their offices on (+356) 2328 7100 . For the purposes of the GDPR, SEM will be the “controller” of all personal data we hold.
1.7 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 notices. When you leave our website, we encourage you to read the privacy notice of every website you visit.
2. About SEM
2.2 SEM is regulated by L.N 445 of 2020 in terms of the Public Administration Act (Cap. 595)
2.3 SEM has the following functions:
(a) “to inform and keep updated public and private organisations and citizens through various fora on the EU’s long-term strategies, policies, initiatives, obligations, rights and opportunities;
(b) to provide information and assistance on EU funding programmes, in particular by advising and assisting public and private non-profit organisations to draw up and submit competitive project applications;
(c) to provide guidance to public and private non-profit organisations on the implementation of EU-funded projects;
(d) to participate in MCESD meetings and provide in-depth updates on the long-term strategies and legislative proposals of the EU to social partners;
(e) to issue regular policy briefs and updates on EU legislative proposals and how EU legislation applies to citizens and organisations; and
(f) To create a network to facilitate communication with EU national contact points and information providers.”
(herein cumulatively “the Services”)
3. The Data we Collect
3.1 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).
3.2 We may collect, use, store and disclose different kinds of personal data about you which we have grouped together as follows:
3.2.1 Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, nationality and date of birth;
3.2.2 Contact Data includes billing address, email address and telephone or mobile numbers;
3.2.3 Compliance Data includes information which must be included in any application for EU funding, including audit reports (where applicable), letters of commitment and other compliance data, including judicial records and copies of identity card documents;
3.2.4 Financial Data includes your bank account details;
3.2.5 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;
3.2.6 Usage Data includes information about how you use the Site;
3.2.7 Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. This 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 notice.
3.3 The team responsible for EU Funding possesses e-mail addresses and passwords of various users’ profiles. The purpose of this is solely to assist applicants on online project proposals. Applicants provide consent when e-mail addresses and passwords are forwarded, and are strongly advised to change their password once the project proposal is submitted. This type of information is retained until the proposal is submitted and then erased shortly afterwards. After that, SEM is not responsible for the loss of passwords and/or any other sensitive data regarding to applicants.
3.4 The EU Funding team stores information, including but not limited to, Identity, Contact, Compliance, Financial and Transaction Data of organisations, entities or departments (and their respective representatives) with the sole purpose of assisting applicants in the submission of their proposal and/or project relating to EU Funds. This information will be retained for a limited period of time during the preparation of proposal until submission, which may vary accordingly to the type of project. Nonetheless, SEM will delete all information regarding applicants once the project has been submitted and is not responsible for the loss of information and/or any other sensitive data regarding to applicants.
[As indicated we also collect Compliance Data (as described above). This may also include Special Categories of Personal Data consisting primarily of police conduct certificates. This information is necessary in order to successfully submit an application for a grant or other forms of EU funding. As part of the Services, we may need to process such sensitive personal data in order to be able to assist you in the application process]
If you Fail to Provide Personal Data
Where we need to collect personal data by law or under the directions of the relevant EU or national authorities, and you fail to provide that data when requested, we may not be able to process your application or provide you with the services that you have requested.
In other instances, such as where you fail or refuse to fulfil our Compliance Data requirements, we will only be able to provide a reduced and restricted service to you and, in the context of an application for a grant or other EU funding, may even need to reject assisting you in your application.
4. How is your Personal Data Collected
4.1 We use different methods to collect data from and about you, including through:
4.1.1 Direct Interactions: You may give us your Identity and Contact Data by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
18.104.22.168 Request information relating to EU programmes, funds or any other matter in relation to which SEM about which SEM is charged with disseminating awareness and information;
22.214.171.124 Request assistance with applying for EU grants and funding;
126.96.36.199 Submit queries.
4.1.2 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.
5. How we use your personal data
5.1 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:
5.1.1 Where we need to perform the contract with you, namely when you engage us to provide assistance with your application for EU funds;
5.1.2 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;
5.1.3 Where we need to comply with a legal or regulatory obligation
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|
|Kindly 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.|
|a. To provide the Services; and
b. To request further information necessary to comply with applicable EU legislation and guidelines
c. To prevent and report fraudulent transactions.
|a. Performance of a contract with you
b. Necessary to comply with a legal obligation (reporting of fraudulent applications)
|To manage our relationship with you, which will include:
a. Notifying you about changes to our terms or this Notice.
(b) To resolve any issues which you have reported regarding the Services.
(c) Asking you to provide feedback and/or take part in a survey.
c. 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 analyse trends and collect stakeholder responses)
|To administer and protect this project and our Site (including troubleshooting, data analysis, testing, system maintenance, support, safety and security testing, reporting and hosting of data)||a. Identity
|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 prevent fraud and in the context of a business reorganisation or group restructuring exercise)
b. Necessary to comply with a legal obligation.
5.1.4 Other Uses of Your Personal Data:
Sending you Updates and Newsletters
We may use your Identity and Contact in order to form a view of new funding opportunities as well as regulatory updates which may be of material interest to you. This is an intrinsic part of the Services which we offer, in particular as part of our efforts to disseminate information relating to EU programs and initiatives.
If however, you wish to stop receiving such communications you can send us an email at any time on email@example.com.
Photos and Videos
1. Photos and videos are collected for the purposes of promoting SEM services only, and are used on its official website and social media. Photos may also be used for printed publicity material, including, SEM’s Annual Report and/or any other form of publication. Prior to your image being used on such material, you shall be informed as to the taking of photographs or videos during any public event organised by SEM. You can object to your inclusion within such promotional material prior to the event and any and all photographs or recordings which may personally identify you shall be permanently deleted.
In all other cases, you shall be provided with a Consent Form requesting your consent for your image or for recordings to be used for promotional purposes.
6. Disclosures of Your Personal Data
6.1 SEM makes use of the services provided by certain third-party companies for the purposes set out in this Policy above, in particular:
6.1.1 To facilitate our services;
6.1.2 To provide services on our behalf;
6.1.3 To perform website-related services;
6.1.4 To assist us in analysing how our website is used.
6.2 We may need to transfer your personal data to governmental and regulatory agencies, such as applicable European Union agencies which receive applications for funding which is necessary for us is order to provide the Services you request. In certain instances, such as when receiving feedback or stakeholder responses, we shall anonymise the data so that you can no longer be identified.
6.3 In addition, we may transfer your personal data to our affiliated governmental agencies, such as the Office of the Prime Minister(the “Ministry) and other applicable authorities. This is carried out in compliance with our legal obligations as well as to comply with administrative reporting requirements. Insofar and to the extent possible, personal data shall be anonymised so that it can no longer be used to identify a natural person. In the event that personal data is transferred to the Ministry or the Parliamentary Secretary, they shall act as separate data controllers and their own privacy policies and notices shall apply to any processing of personal data carried out.
6.4 SEM, uses ICT services offered by the Malta Information Technology Agency (MITA).
6.5 We require all third parties engaged by us 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.
6.6 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.
6.7 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.
6.8 SEM’s website does not address anyone under the age of thirteen (13). In the event that the agency discovers that a child under 13 years has provided personal information, the agency will immediately delete it from its servers. If one is a parent or guardian and is aware that their respective child has provided the agency with personal information, please contact SEM’s offices to take the necessary action.
6.9 Every effort has been made to ensure that this website is accessible to persons with disability. If one has any difficulty accessing information on this website, please contact SEM’s offices for assistance.
7. Data Security
7.1 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, 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.
7.2 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
8.1 The purpose of this section is to identify how and where SEM stores data. Any questions related about storage can be done by contacting us through the following link: firstname.lastname@example.org.
8.2 We will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
8.3 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.
9. SEM’s Premises
9.1 CCTV surveillance is installed in SEM’s premises, specifically, in the foyer at the reception area in Malta in accordance to the Data Protection ACT (Cap 440) and any other Subsidiary Legislation. Camera footage is solely used and/or viewed in extraordinary circumstances such as theft or misconduct. Unnecessary camera footage is only retained for a period of sixteen (16) days and neither SEM’s employees, nor any other personnel, apart from the Chief Executive Officer, has access to it.
9.2 For security purposes and SEM’s function of hosting the Europe Direct Information Centres (EDIC) in Malta, visitors are kindly asked to provide their name, surname and ID card number. This data is collected by the receptionist and is accessible only by authorised employees working for EDIC. This information might be forwarded to third parties solely for the purposes and function of the EDIC. Only in extraordinary circumstances, specifically for security purposes, this information may accessible by other personnel.
10. Your rights
You have the right to:
10.1 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 email@example.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.
10.2 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.
10.3 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.
10.4 Request erasure of your personal data. This enables you to ask us to delete or remove personal data where:
10.4.1 there is no good reason for us continuing to process it;
10.4.2 you have successfully exercised your right to object to processing (see below);
10.4.3 we may have processed your information unlawfully; or
10.4.4 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.]
10.5 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.
10.6 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:
10.6.1 if you want us to establish the data’s accuracy;
10.6.2 where our use of the data is unlawful but you do not want us to erase it;
10.6.3 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
10.6.4 you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
10.7 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
10.8 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.