Privacy Policy | The Firth Group

1. INTRODUCTION
This Privacy Policy (“Privacy Policy”) relates to (i) the

1. INTRODUCTION

This Privacy Policy (“Privacy Policy”) relates to (i) the the website https://thefirthgroup.com and/or any sub-website and/or associated domains (and/or sub-domains) (the “Site”), (iii) the owner of the Site , whether direct or indirect, including but not limited to The Firth Group (hereinafter collectively referred to as “We”, “Us”, “Our”, “Ourselves” and/or “Mediarex”).

“You”, “Your” and “User” refer to an identified or identifiable natural person being the User of the Site, Apps and/or client (or prospective client) of any of Our services.

This Privacy Policy provides detailed, layered information as to how and why We process Personal Data (via the Site, any of Our Apps, or otherwise) as well as detailed information about Your various rights. We are committed to protecting Your privacy and handling your information in an open and transparent manner.

We strongly encourage You to read this Privacy Policy with care. Please contact Us for any clarification You may need. We would be happy to provide You with any information You may need.

2. CONTENTS OF THIS PRIVACY POLICY

Introduction
Contents of this Privacy Policy
Applicable Laws
What is personal data?
Personal data we collect about you
How and why we collect personal data
What we use your personal data for (purpose of processing)
Special note on consent
Accuracy of personal data
Direct marketing
Transfers to third countries
Internet communications
Authorized disclosures
Sharing of personal data with other categories of recipients
Security measures
Retention periods
Processing for research and statistical reasons
Links to third-party sources
Cookies
Minors
Your rights under the data protection laws
Updates

3. APPLICABLE LAWS

As an entity established in Malta (EU), the main privacy laws that are applicable to Us in so far as You are concerned, are the following:

The Maltese Data Protection Act (Chapter 586 of the Laws of Malta) as well as the various subsidiary legislation issued under the same – the ‘DPA’ as may be amended or replaced from time to time;
The Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 and the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) – the “GDPR” as may be amended or replaced from time to time; and
Any successor legislation to the DPA and/or the GDPR.

All the above is referred to collectively as the “Data Protection Laws”

4. WHAT IS PERSONAL DATA

“PERSONAL DATA” means any information that identifies You as an individual or that relates to an identifiable individual.

Whenever it is not possible or feasible for Us to make use of anonymous and/or anonymized data (in a manner that does not identify any Users of the Site, Apps or customers of Our services), We are nevertheless committed to protecting Your privacy and the security of Your Personal Data at all times. We collect Personal Data in various ways, digitally via the Site or the Apps (either when you choose to provide Us with certain data or in some cases automatically, or from third parties).

5. PERSONAL DATA WE COLLECT ABOUT YOU

We collect various categories of Personal Data from you, namely:

Category of Personal Data	Description
Contact Details	Full legal name, email address, residential address and mobile/phone number.
Locational	IP address of the computer connected to the internet, location data through the mobile phone and Apps used and GPS data
National Identifier	A number or code attributed to you by a government to identify who you are, such as a passport number or national identity number (including nationality)
Usage date	Details about how and when you use Our services (our Site and/or Apps).
Documentary Data	Details about You that are stored in documents in different formats, or copies of them. This includes passports, identity cards and utility bills that confirm Your identity and prove the residential address; as well as any other additional documentation as deemed necessary by Our compliance team.
Special types of data	Data Protection Laws treat some types of personal information as special, which We will only collect and use if the law allows Us to do so. Such data consist of:– Political connections – Criminal convictions and offences

6. HOW AND WHY WE COLLECT PERSONAL DATA

As a general rule, We do not collect any Personal Data, that is, information that identifies You as an individual other than that which You choose to provide to Us such as the data (including Contact Details) You provide when registering with our Site or Apps, when contacting Us with enquiries relating to Our services, when subscribing to any service offered by Us or via Our Site or Apps, such as any newsletters as may be issued by Us from time to time or even when subscribing to any offers We (and/or Our affiliates and/or corporate partners) may offer from time to time.

However, we may also collect personal data from other sources, including data companies, publicly accessible databases, joint marketing partners, social media platform and other third parties. We may also receive Personal Data about You from third parties when We need to confirm Your contact details. Should this be the case, We will take all measures as required by law to further inform You about the source of such Personal Data as well as the categories of Personal Data We collect and process. There are certain instances at law where We are specifically forbidden from disclosing to You such activity (for example, when carrying out due diligence for anti-money laundering purposes).

For information about the Personal Data that We may collect automatically via the Site or Apps, please see the Cookies section below.

Unless otherwise specified and subject to various controls, as a general rule, We only collect Personal Data (from You or elsewhere) that We:

Need to be able to provide You with the services You request from Us;
Are legally required to collect/use and to keep for a predetermined period of time
Believe to be necessary for Our legitimate business interests

A detailed description of the reasons why we process specific categories of personal data as well as the corresponding legal ground(s) for doing so, please see the ‘What We Use Your Personal Data For (Purpose of Processing)’ below.

7. WHAT WE USE YOUR PERSONAL DATA FOR (PURPOSE OF PROCESSING)

The Data Protection Laws permit us to use personal data only if We have a proper reason to do so. GDPR states that we must have one or more of these reasons:

To render the services You have contracted to
When it is Our legal duty
When it is in Our legitimate interest – this refers to when We have a business or commercial reason to use Your personal data. If We rely on our legitimate interest, We will tell you what that is
When You consent to it

Below is a description of what We use Your personal Data for and the corresponding legal ground(s) we rely on for doing so.

Please note that where we rely on Your consent, this can be withdrawn at will.

Purpose of the processing	Categories of personal data	Legal basis for processing
Set up an account on Our system	· Contact Details· Documentary Data · National Identifiers · Special category (particularly political connections)	· Contractual Necessity· Legitimate interest (to ensure we have an accurate account) · Legal duty (for due diligence purposes)
To manage Our relationship with you	· Contact Details	· Contractual necessity· Compliance with the legal obligations
To establish and investigate any suspicious behavior in order to protect our business from any risk, fraud or other illegal activities (such as money laundering or terrorist financing)	· Documentary Data· Contact Details	· Compliance with legal obligations· Legitimate interest – detection and prevention of fraud or other illegal activities
Subscribing to a newsletter or mailing list	· Contact details	· Your consent
Evaluating Your queries and/or requests You send Us to use/receive any of Our services (including customer support services)	· Contact Details	· Contractual necessity· Legitimate interest (to be able to attend to Your queries)
Maintain and update the user accounts records on Our system	· Contact details	· Contractual necessity· Legitimate interest (to ensure We have an accurate user account record)
Continue to manage Our relationship with You	· Contact details	· Contractual necessity· Compliance with legal obligations
Comply with legal and regulatory obligations (including the detection and prevention of any financial crime)	· Documentary Data· Special types of data · National Identifiers · Locational Data	· Legal obligations
To provide You with Our services – especially those provided via the App (including location services)	· Contact Details· Tracking Data	· Contractual Necessity
To develop and manage our brands, products and services	· Contact Details	· Legitimate interest (to develop our products and services)
Internal data analysis	· Contact Details· Tracking Data	· Contractual necessity

Should We need to process Your data for a new purpose in the future, which is entirely unrelated to the above, We will inform You of such processing in advance and You may exercise Your applicable rights (as explained below) in relation to such processing.

Finally, do note that without certain Personal Data relating to You, We may not be in the position to provide some or all of the services You expect from Us or even to guarantee the full functionality of Our Site and/or App.

9. ACCURACY OF PERSONAL DATA

All reasonable efforts are made to keep any Personal Data We may hold about You up-to-date and as accurate as possible. You can check the information that We hold about You at any time by contacting Us in the manner explained below. If You find any inaccuracies, We will correct them and where required, delete them as necessary. Please see below for a detailed list of Your legal rights in terms of any applicable Data Protection Laws.

10. DIRECT MARKETING

We only send mail messages, emails, sms and other communications relating to marketing where We are authorized to do so at law. In most cases We rely on Your consent to do so (especially where We use electronic communications). If, at any time, You no longer wish to receive direct marketing communications from Us please let Us know by contacting Us at the details below or update Your preference on any of Our Site(s) or Apps.

In the case of direct marketing sent by electronic communications (where We are legally authorized to do so) You shall be given an easy way of opting out (or unsubscribing) from any such communications.

No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

Please note that even if You withdraw any consent You may have given Us or if You object to receiving such direct marketing material from Us (in those cases where We do not need Your consent), from time to time We may still need to send You certain important communications from which You cannot opt out.

11. TRANSFERS TO THIRD COUNTRIES

As a general principle, the Personal Data We process about You (collected via any of our Sites or Apps or otherwise) will be stored and processed within the European Union (EU)/European Economic Area (EEA) or any other non-EEA country deemed by the European Commission to offer an adequate level of protection.

In some cases, it may be necessary for Us to transfer Your Personal Data to a non-EEA country not considered by the European Commission to offer an adequate level of protection. In such cases, apart from all appropriate safeguards that We implement, in any case, to protect Your Personal Data, We have put in place additional adequate measures. For example, We will ensure that the recipient is bound by the EU Standard Contractual Clauses (the EU Model Clauses) designed to protect Your Personal Data as though it were an intra-EEA transfer. You are welcome to contact Us for more information regarding the adequate safeguards we have in place in relation to such data transfers.

12. INTERNET COMMUNICATIONS

You will be aware that data sent via the Internet may be transmitted across international borders even where sender and receiver of information are located in the same country. We cannot be held responsible for anything done or omitted to be done by You or any third party in connection with any Personal Data prior to Our receiving it including but not limited to any transfers of Personal Data from You to Us via a country having a lower level of data protection than that in place in the European Union, and this, by any technological means whatsoever.

Moreover, We shall accept no responsibility or liability whatsoever for the security of Your data while in transit through the internet unless Our responsibility results explicitly from a law having effect in Malta.

13. AUTHORISED DISCLOSURES

Without prejudice to anything contained in this Privacy Policy and in the interest of full transparency, We reserve the right to disclose (and otherwise process) any relevant Personal Data relating to You which We may be processing (including in certain cases relevant IP addresses) to authorized third parties in or outside the EU/EEA if such disclosures are allowed under the Data Protection Laws (whether or not You have provided Your consent) including but not limited to the following instances:

For the purpose of preventing, detecting or suppressing fraud (for example, if You provide false or deceptive information about Yourself or attempt to pose as someone else, We may disclose any information We may have about You in Our possession so as to assist any type of investigation into Your actions);
In the event of TFG or any of its subsidiaries being involved in a merger, sale, restructure, acquisition, joint venture, assignment or transfer (of business, shares, assets or otherwise);
To protect and defend Our rights (including the right to property), safety, or to those of Our affiliates, of Users of Our Site or even You own;
To protect against abuse, misuse or unauthorize use of Our Site or App;
For any purpose that may be necessary for the performance of any agreement You may have entered into with Us (including the request for provision of services by third parties) or in order to take steps at Your request prior to entering into a contract;
To comply with any legal obligations such as may arise by way of response to any Court subpoena or order or similar official request for Personal Data; or
As may otherwise be specifically allowed or required by or under any applicable law (for example, under anti-money laundering legislation).

14. SHARING OF PERSONAL DATA WITH OTHER CATEGORIES OF RECIPIENTS

Relevant data will also be disclosed or shared as appropriate (and in all cases in line with the Data Protection Laws) to/with members and staff of TFG , to/with other affiliated entities of TFG and/or sub-contractors established within the European Union if pertinent to any of the purposes listed in this Privacy Policy (including to/with Our services providers who facilitate the functionality of our Site and App and/or any service You may require).

Any such authorized disclosures will be done in accordance with the Data Protection Laws (for example all Our processors are contractually bound by the requirements in the said Data Protection Laws, including a strict obligation to keep any information they receive confidential and to ensure that their employees/personnel are also bound by similar obligations). The said service providers are also bound by a number of other obligations (in -particular, Article 28 of the GDPR).

Your Personal Data will also be shared with our business partners, particularly the sports teams whose branded goods and services You have specifically opted to use, buy or interact through our Site and/or App. However, your Personal Data will never be processed by such third parties for their marketing purposes (unless You give Your consent thereto).

The third parties who We may disclose to and/or share Your Personal Data with are, at the date of this Privacy Policy, the following:

CATEGORY OF RECIPIENT	PURPOSE OF PROCESSING
Cloud Service Provider	Hosting of data under state-of-the art security protocols and our exclusive control
IT Service Providers	Maintenance and support of our IT systems/Site(s) – with restricted access and under our strict controls
Customer Support Software Providers	Provision of a customer support software in order to provide our users with a high level customer support with restricted access and our strict controls.
Marketing and Customer Retention Management Tools	Provision of marketing email and communications sendouts under our strict control and management
Public Authorities	Compliance with legal obligations and only after verifications are made into necessity of disclosure
Our independent financial and legal advisors	Provision of legal and financial support to TFG and affiliated entities
Business partners with whom we have a co-operation or partnership agreement	To facilitate and improve the services and goods rendered to You, including the tailoring of such services and goods, if deemed appropriate

15. SECURITY MEASURES

The Personal Data which We may hold (and/or transfer to any affiliates/partners/subcontractors as the case may be) will be held securely in accordance with Our internal security policy and the applicable law.

We use reasonable efforts to safeguard the confidentiality of any and/or all Personal Data that We may process relating to You and regularly review and enhance Our technical, physical and managerial procedures so as to ensure that Your Personal Data is protected from:

Unauthorized access
Improper use or disclosure
Unauthorized modification
Unlawful destruction or accidental loss

We have implemented security policies, rules and technical and organizational measures to protect the Personal Data that We may have under Our control. All our members, staff and data processors (including specific subcontractors and cloud service providers established within the European Union), who may have access to and are associated with the processing of Personal Data, are further obliged (under contract) to respect the confidentiality of Our Users’ or clients’ Personal Data as well as other obligations as imposed by the Data Protection Laws.

Despite all the above, We cannot guarantee that a data transmission or a storage system can ever be 100% secure. Authorized third parties, and external/third-party service providers, with permitted access to Your Personal Data (as explained in this Privacy Policy) are specifically required to apply appropriate technical and organizational security measures that may be necessary to safeguard the Personal Data being processed from unauthorized or accidental disclosure, loss or destruction and from any unlawful forms of processing.

As stated above, the said service providers are also bound by a number of other obligations in line with the Data Protection Laws (particularly, Article 28 of the GDPR).

16. RETENTION PERIODS

We will retain Your Personal Data only for as long as is necessary (taking into consideration the purpose for which it was originally obtained). The criteria We use to determine what is ‘necessary’ depends on the particular Personal Data in question and the specific relationship We have with You (including its duration).

Our standard practice is to determine whether there is/are any specific EU and/or Maltese law(s) (for example tax or corporate laws) permitting or even obliging Us to keep certain Personal Data for a certain period of time (in which case We will keep the Personal Data for the maximum period indicated by any such law).

We would also have to determine whether there are any laws and/or contractual provisions that may be invoked against Us by You and/or third parties and if so, what the prescriptive periods for such actions are (this is usually five (5) years). In the latter case, We will keep any relevant Personal Data that We may need to defend Ourselves against any claim(s), challenge(s) or other such action(s) by You and/or third parties for such time as is necessary.

We will retain your Personal Data on Our systems for the longest of the following periods:

As long as You are a customer or user of Our services
Any retention period that is required by applicable law
The end of the period in which litigation or investigations might arise in respect of Our products or services

Where Your Personal Data is no longer required by Us, We will either securely delete or anonymize the Personal Data in question.

17. PROCESSING FOR RESEARCH AND STATISTICAL REASONS

Research and statistics using User or client information is only carried out so that We may understand Our Users’ and/or clients’ needs and to develop and improve Our services/activities. In any case, We will always ensure to obtain any consent We may legally require from You beforehand. As in all other cases, We will also ensure to implement all appropriate safeguards as may be necessary.

18. LINKS TO THIRD-PARTY SOURCES

Links that We may provide to third-party websites are clearly marked and We are not in any way whatsoever responsible for (nor can We be deemed to endorse in any way) the content of such websites (including any applicable privacy policies or data processing operations of any kind). We suggest that You should the privacy policies of any such third-party websites.

19. COOKIES

When You visit Our site or use our App, We will collect certain categories of Personal Data automatically through the use of cookies and similar technologies.

For more detailed information including what cookies are and how and why We process such data in this manner (including the difference between ‘essential’ and ‘non-essential’ cookies) please read Our detailed Cookies Policy.

20. MINORS

Our Site, App and services are not intended to be used by any person under the age of sixteen (16) and therefore We will never intentionally collect any Personal Data from such persons. If You are under the age of consent, please consult and get Your parent’s or legal guardian’s permission to use the site, App and any of Our other services.

We shall consider that any Personal Data of any persons under the age of sixteen (16) received by Us, shall be sent with the proper authority from the holder of parental responsibility over the child and that the sender can demonstrate such authority at any time, upon Our request.

21. YOUR RIGHTS UNDER THE DATA PROTECTION LAWS

Before addressing any request You make with Us, We may first need to verify Your identity.

As explained in the Retention Periods section above, We may need to keep certain Personal Data for compliance with Our legal retention obligations but also to complete transactions that You requested prior to the change or deletion that You requested.

Under certain circumstances, by law You have the right to:

Be informed in a clear, transparent and easily understandable way about how We use Your Personal Data and about your rights.

Request access to your personal information (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 rectification of the Personal Data that we hold about you. This enables You to have any incomplete or inaccurate information We hold about You corrected.

Request erasure of Your Personal Data. This enables You to ask Us to delete or remove personal information where there is no good reason for Us continuing to process it (for instance, we may need to continue using your Personal Data to comply with Our regulatory and legal obligations).

Object to the processing of Your Personal Data where We are relying on a legitimate interest (or those of a third party) and there is something that makes You want to object to Us using Your Personal Data and we do not have a legitimate basis for doing so, which overrides Your rights, interests and freedoms (for instance, We may need it to defend a legal case). You also have the right to object when We are processing your personal information for direct marketing purposes.

Request the restriction of processing of Your Personal Data. This enables You to ask us to suspend the processing of Personal Data about You, for example if You want Us to establish its accuracy or the reason for processing it.

Request the transfer of Your Personal Data to another party where you provided it to Us and We are using it based on your consent, or to carry out a contract with You, and we process it using automated means.

Withdraw consent. In the limited circumstances where We are relying on Your consent (as opposed to the other legal grounds set out above) to the collection, processing and transfer of your Personal Data for a specific purpose, You have the right to withdraw Your consent for that specific processing at any time. Once we have received notification that You have withdrawn Your consent, We will no longer process Your Personal Data for the purpose or purposes You originally agreed to, unless We have a legitimate interest in doing so or We are bound by regulatory requirements to continue doing so for a defined period of time.

Lodge a complaint. If You think that We are using Your information in a way which breaches Data Protection Laws, You have the right to lodge a complaint with the appropriate Data Protection Supervisory Authority, if you are in Malta, this will be the Office of the Information and Data Protection Commissioner (‘OIDPC’) which may be accessed by clicking this link www.idpc.org.mt. We kindly ask that You please attempt to resolve any issues You may have with Us first (even though, as stated above, You have the right to contact the competent authority at any time).

WHAT WE MAY REQUIRE FROM YOU

We may need to request specific information from You to help us understand the nature of Your complaint or request, to confirm Your identity and ensure Your right to access the information (or to exercise any of Your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

Should your requests in exercising your abovementioned rights be manifestly unfounded or excessive, in particular because of their repetitive nature, We reserve the right to charge You a reasonable fee which shall be determined at Our sole discretion, taking into account the administrative costs incurred by us to provide the information or communication or taking the action requested by You. We shall communicate to you in advance the fee amount that will be charged in the given circumstances.

HOW QUICKLY WILL WE RESPOND TO YOUR REQUEST?

In all cases, We will try to act on your requests as soon as reasonably possible, within a maximum of one month of receipt of the request, which period may be extended by two (2) more months where necessary, taking into account the complexity and number of the requests. We shall inform You of any such extension within one (1) month of receipt of the request, together with the reasons for the delay.

23. UPDATES

We reserve the right to unilaterally modify this Privacy Policy at any time, particularly if statutory obligations so mandate or the interest of our users’ security so requires. To let You know when we make changes to this Privacy Policy, We will amend the revision date at the top of this page. The modified Privacy Policy will apply from such revision date. We will not officially notify you about such changes, and it is therefore in Your own interest to check this Privacy Policy page from time to time so as to familiarise yourself with any changes.