Welcome to ATOM’s privacy notice which sets out how ATOM deals with your personal data which is collected in the course of your interaction with ATOM. ATOM is committed to protecting your personal data and values the importance of respecting your privacy. This privacy notice sets out the items of personal data which ATOM may collect about you and how we will handle your data. It also details our obligations to process your personal data responsibly, your rights as a data subject and the protection afforded by law. References to ‘’you’’ include all individuals whose personal data we collect, hold and process.
ATOM acts as the controller of and is responsible for any personal data provided to us as part our of obligation to provide a service, which also includes the fulfilment of our legal and regulatory obligations pertaining to client due diligence.
The information you provide is processed in accordance with the Data Protection Act (Chapter 586 of the laws of Malta), as may be amended and replaced from time to time and regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with respect to the processing of personal data and on the free movement of such data (General Data Protection Regulation (‘’GDPR’’)). GDPR aims to harmonize data protection legislation across EU member states, enhancing privacy rights for individuals and providing a robust framework within which commercial organizations can legally operate.
THE PERSONAL DATA WE COLLECT ABOUT YOU
We may collect various types of personal data or personal information about you. Throughout the duration of its professional relationship with you, ATOM shall be required to collect, use and on occasion disclose various items of personal data about you for the fulfilment of its services to you. Personal data collected includes:
- Your identity and contact data, such as your first name, maiden name, last name, gender, ID card and passport numbers, place and date of birth, nationality, employment status, organization and occupation.
- Your contact data, which includes your mailing address, e-mail address and contact numbers.
- Your tax status information which includes your tax ID, tax status and tax residency.
- Your financial data, which includes your bank details and your credit history.
- Compliance data, which includes due diligence information and documentation relating to you as our client, your respective UBO/s, shareholder/s, founders, beneficiaries, directors, representatives and administrators, as applicable. This due diligence information and documentation is necessary to allow us to discharge our AML/CFT obligations.
Please note that the above list provides an indication of the personal data which is collected, but in itself is not exhaustive. Where we are obliged to collect personal data and you fail to provide that data within the stipulated time frame, we may not be in a position to assist you and we may have no option but to terminate the services provided to you.
WHY WE COLLECT YOUR PERSONAL DATA
We may collect and hold your personal data for the following reasons:
- Where you request to engage us to provide you with our services.
- Where we need to comply with our legal and regulatory obligations.
- Where it is necessary for our legitimate interests, or those of a third party and provided your interests and fundamental rights do not override those interests.
- Where we will be required to comply with our legal and professional obligations to third parties.
PURPOSES OF PROCESSING YOUR PERSONAL DATA
Your personal information may be processed for the purposes set out below:
- To establish and verify your identity.
- To establish whether ATOM can assist you with the requested services and so that ATOM can enter into a formal agreement with you.
- To comply with ATOM’s internal policies and AML/CFT obligations.
- To collect, process, transfer and store of customer due diligence and source of funds information applicable under anti-money laundering law and terrorist financing laws and regulations.
- To liaise with or report to any regulatory authority, which include the Financial Intelligence Analysis Unit, the Malta Financial Services Authority and any other authorities (including overseas authorities).
- To provide you with industry or legislative updates.
- To provide you with any other information which you may have requested from us.
- To address your enquiries, requests and any complaints or issues raised.
We will ensure that your personal data shall be processed on the basis of the following principles:
- Your data shall be processed lawfully, fairly and in a transparent manner.
- Your data shall be collected for specified, explicit and legitimate purposes only.
- We will only ask for your data where necessary and limited to the purpose for which it is being processed.
- Your data shall be kept accurate, up to date and erased without undue delay should it no longer be required for the purposes for which it was processed.
- Your data shall be retained for no longer than is necessary.
- Your data shall be processed in a manner which ensures adequate security.
NON-EEA DATA TRANSFERS
Although we do not generally transfer your personal data outside of the European Economic Area (‘’EEA’’), in those instances where we need to transfer your personal data outside of the EEA, we will ensure that the data transferred is afforded a similar level of protection. We will therefore only transfer your personal data if one of the following safeguards has been implemented:
- We will transfer your personal data to countries approved by the European Commission as providing adequate protections for personal data.
- We will utilize contracts based on model contractual clauses which have been approved by the European Commission.
- Where the providers we use are based in the US, we may transfer data to them if they form part of the EU-US Privacy Shield Scheme, which therefore requires them to provide a similar level of protection to personal data shared between Europe and the US.
YOUR LEGAL RIGHTS
When information or data is collected from you, you shall be entitled to the following rights:
- The right to be informed.
- The right of access.
- The right to rectification of inaccurate of personal data.
- The right to erasure of personal data in a number of cases (the right to be forgotten).
- The right to restriction of processing.
- The right to data portability (data being transmitted from one controller to another where this is technically feasible).
- The right to object to the processing of personal data.
- The right to automated individual decision-making, including profiling.
Please contact us for a more detailed explanation of your rights as set out above on firstname.lastname@example.org
If you have reason to believe that your data has been wrongly processed, stored or handled, you have the right to raise a complaint with the Office of the Information and Data Protection Commissioner (‘’IDPC’’). Please follow the enclosed link on details how to submit a complaint: https://idpc.org.mt/en/Pages/reportadatabreach.aspx. Please feel free to contact us in the first instance as we are available and would appreciate the opportunity to deal with any concerns you may have.
INACCURATE OR AMENDED INFORMATION
Please let us know as soon as practical if any of your personal information changes by contacting us at email@example.com. It is essential that the personal information which we hold about you is accurate and current at all times. Otherwise, your failure to provide accurate or up to date information will impair our ability to provide our services.
LINKS TO THIRD PARTY WEBSITES
This website may contain links to third-party websites, applications and plug-ins. By clicking on those links or enabling those connections, you may be allowing third parties to collect or share data about you. Please note that we have no control over these third-party websites and are not responsible for their privacy notice or policies. Please read and take note of the privacy notice of the websites you visit.
CHANGES TO THE PRIVACY NOTICE
Our privacy notice is reviewed regularly. If you have any questions relating to this privacy notice, please contact us by using the contact details indicated earlier on this web page.