Version 1, last updated: 2nd November, 2024.
Computime Holdings p.l.c.
Investors and Brokers Privacy Notice
I. INTRODUCTION
Computime Holdings p.l.c. (C 74592) (the “Company”, “We”, “Us” or “Our”) is committed to protecting the privacy of individuals whose Personal Data We Process (each individually a “Data Subject”, “You” or “Your”). This Privacy Notice applies with respect to the Company’s Processing of Personal Data pertaining to natural persons who are Investors, Brokers, or representatives thereof. This Privacy Notice provides information regarding the manner in which the Company Processes Your Personal Data, in accordance with the Applicable Laws.
II. DEFINITIONS
In this Privacy Notice, the below terms shall have the following meanings:
a. “Applicable Laws” shall mean the GDPR and the DP Act;
b. “Broker” means any natural or legal person acting as an investment broker for the purpose of the purchase of securities in the Company by an Investor;
c. “Consent” means any freely given, specific, informed and unambiguous indication of Your wishes by which You (by a statement or by a clear affirmative action) signify agreement to the Processing of Your Personal Data;
d. “Controller” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the Processing of your Personal Data;
e. “Data Subject” means any identified or identifiable natural person to whom Personal Data relates;
f. “DP Act” shall mean Chapter 586 of the Laws of Malta (the Data Protection Act) and the subsidiary legislation thereunder, as may be amended from time to time;
g. “GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on 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);
h. “Investor” means any natural or legal person investing or seeking to invest in the Company by purchasing securities therein;
i. “Representative” means the natural person representing an Investor or Broker, particularly where such Investor or Broker is a legal entity;
j. “Offering T&Cs” means the terms and conditions of an offering of securities made by the Company, where the Investor has invested or is seeking to invest in such securities;
k. “Personal Data” means any information relating to an identified or identifiable natural person;
l. “Processing” means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction; and
m. “Processor” means the natural or legal person, public authority, agency or other body which Processes Personal Data on behalf of the Controller.
III. WHO WE ARE
The Controller of Your Personal Data is Comptime Holdings p.l.c., having its registered office situated at 170, Pater House, Psaila Street, Birkirkara BKR 9077, Malta.
Should You wish to contact Us for any reason with respect to Our Processing of Your Personal Data, You may do so using the below details.
COMPUTIME HOLDINGS P.L.C.
Email: [email protected]
Phone: +356 2759 5000 ext. 601
Address: 170, Pater House, Psaila Street, Birkirkara BKR 9077, Malta.
IV. PERSONAL DATA WE COLLECT ABOUT YOU
In the context of this Privacy Notice, We may Process the following Personal Data pertaining to You:
a. Identity Data – Your first name and last name, date of birth and identity card number;
b. Contact Data – Your email address, telephone number and mobile number; and
c. Financial Data – Your bank account details, such as Your bank account number and the name of the bank with which You hold the account, as well as information regarding dividends paid out to the said bank account by the Company.
V. PURPOSES AND LAWFUL BASES FOR PROCESSING OF YOUR PERSONAL DATA
We are setting out below the purposes for which We Process Your Personal Data, as well as the lawful basis (in terms of the Applicable Laws) on which We Process such data.
| Category/ies of Personal Data | Purpose of Processing | Lawful Basis for Processing |
|---|---|---|
| • Identity Data | To register You or the Investor you represent, as a holder of securities in the Company, or to register You as a representative where the Investor is a legal entity, or to register You as a usufructuary, guardian or pledgee of the Investor with respect to the shares held in the Company by the Investor, where You are personally so, as the case may be | • Necessity in order to take steps at Your request prior to entering into a contract with You, namely the Offering T&Cs • Necessity for the purposes of Our legitimate interests to remain organised internally by maintaining adequate records regarding the securities held in Our Company • Necessity for compliance with a legal obligation to which the Company is subject, such as obligations emanating from the Companies Act (Chapter 386 of the Laws of Malta) and the Capital Markets Rules published by the Malta Financial Services Authority (MFSA) |
| • Identity Data • Contact Data | To contact You with respect to the securities held in the Company by the Investor (whether You are personally the Investor, a representative, a usufructuary, guardian or pledgee of the Investor, or a Broker, or a representative of any such Investor, usufructuary, pledgee or Broker) | • Necessity for the performance of a contract between the Investor and the Company, such as the Offering T&Cs, where You are personally the Investor, or the brokerage agreement between You and the Company, where You are personally a Broker • Necessity for the purposes of Our legitimate interests to remain organised internally and communicate with Our Investors as may be required • Necessity for compliance with a legal obligation to which the Company is subject, such as obligations emanating from the Companies Act (Chapter 386 of the Laws of Malta) and the Capital Markets Rules published by the Malta Financial Services Authority (MFSA) |
| • Financial Data | "To distribute dividends to You: where You are personally the Investor or a usufructuary, guardian or pledgee of the Investor with respect to the shares held in the Company by the Investor; or where You are personally a Broker and receive dividends from the Company on behalf of an Investor." | • Necessity for the performance of a contract between the Investor and the Company, namely the Offering T&Cs • Necessity for compliance with a legal obligation to which the Company is subject, such as obligations emanating from the Companies Act (Chapter 386 of the Laws of Malta) and the Capital Markets Rules published by the Malta Financial Services Authority (MFSA) • Necessity for the purposes of Our legitimate interests to manage Our Company efficiently, particularly to distribute dividends accordingly to Our Investors or other persons who are entitled to receive such dividends, as the case may be |
| • Identity Data • Contact Data • Financial Data | To establish, exercise or defend any legal claims in relation to the securities held in the Company by the Investor | • Necessity for the purposes of Our legitimate interests for the Company to defend itself from any legal claims and to institute any legal claims it may deem necessary |
VI. AUTOMATED DECISION-MAKING AND PROFILING
We do not use Your Personal Data in order to carry out any automated decision-making or profiling. In the event that We decide to carry out any such automated-decision making or profiling in the future, We shall inform You prior to making any such use of Your Personal Data.
VII. DATA RECIPIENTS
In the course of Our business, We work with third parties, typically our service providers or subcontractors, who may also be Our Processors. In particular, We may have to share Your Personal Data with the third parties set out below.
VI. AUTOMATED DECISION-MAKING AND PROFILING
We do not use Your Personal Data in order to carry out any automated decision-making or profiling. In the event that We decide to carry out any such automated-decision making or profiling in the future, We shall inform You prior to making any such use of Your Personal Data.
VII. DATA RECIPIENTS
In the course of Our business, We work with third parties, typically our service providers or subcontractors, who may also be Our Processors. In particular, We may have to share Your Personal Data with the third parties set out below.
| Third-Party Consultants and Professional Advisors | Service providers that assist Us in various matters relating to Our business, including lawyers, accountants, Brokers and insurers |
| Regulators, courts, law enforcement and other authorities | Entities that may require the disclosure of Our Processing activities in certain circumstances, such as the executive police |
| Authorised central securities depositories, namely the Malta Stock Exchange | Entities appointed to act as registrar of the securities contemplated in the Offering T&Cs |
We will, in usual circumstances, not disclose Personal Data to third parties without Your Consent. There may, however, be times where we may need to disclose Your Personal Data to third parties without Your Consent, such as when abiding by a court order, and We shall only do so in accordance with the Applicable Laws.
We require all third parties with whom We share Personal Data to respect the security of such Personal Data and to treat it in accordance with relevant law, including the Applicable Laws.
We do not allow Our Processors 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.
VIII. INTERNATIONAL TRANSFERS OF PERSONAL DATA
We generally do not transfer Your Personal Data to persons or entities outside the EU and the European Economic Area (the “EEA”).
In the event of any such transfer of Your Personal Data to countries which are outside the EU/EEA, we shall ensure that a lawful basis for this exists and that appropriate safeguards are implemented for the protection of Your Personal Data, in accordance with the Applicable Laws. You may obtain a copy of the appropriate safeguards implemented by contacting the Company at the details indicated above.
IX. RETENTION OF PERSONAL DATA
We retain Your Personal Data only for as long as we have a valid reason to do so. 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.
Our standard practice is to determine whether there are any specific laws permitting or obliging us to keep certain Personal Data for a certain period of time, in which case we will typically keep the Personal Data for the maximum period indicated by any such law.
Without prejudice to the hereunder, we would also determine whether there are any actions under any laws and/or contracts that may be invoked against us by You and/or third parties and if so, what the prescriptive periods for such actions are. These periods are usually of two or five years. In such cases, we will keep any relevant Personal Data that We may need to defend Ourselves against any claims, challenges or other such actions by You and/or third parties for such time as is necessary.
If You are personally an Investor in the Company or an individual who is entitled to receive dividends on the shares held by the Investor in the Company (such as a Broker, a usufructuary, a guardian or a pledgee), We generally retain Your Financial Data for a period of ten (10) years from the date on which you cease to hold securities in the Company. This retention period is in line with our obligations in terms of the Companies Act (Chapter 386 of the Laws of Malta).
In any case, We generally retain Your Identity Data and Contact Data for a period of five (5) years from the end of Our relationship with You and/or the Investor or Broker, as the case may be, in order to be able to defend ourselves from any legal claims, challenges or actions by You and/or third parties which may arise in relation to Our relationship with You and/or the Investor or Broker, as the case may be.
X. YOUR RIGHTS
In terms of the Applicable Laws, as a Data Subject and for as long as We retain Your Personal Data, You have the following rights in relation to such Personal Data:
a. Access – You have the right to request access to Your Personal Data and information related to the Processing thereof, as well as obtain a copy thereof;
b. Rectification – You have the right to request the rectification of any inaccuracies or any missing Personal Data of Yours;
c. Erasure – You have the right to request the erasure of Your Personal Data;
d. Restriction – You have the right to request the restriction of the Processing of Your Personal Data in cases explicitly provided for by law, including if You believe that We are unlawfully Processing Your Personal Data or that the Personal Data that We hold about You is inaccurate;
e. Portability – You have the right to request that We provide You with Personal Data which We hold about You in a structured, commonly used and machine-readable format (except where such Personal Data was provided to Us in handwritten format, in which case, upon Your request, such Personal Data will be provided to You in such handwritten format). Where technically feasible, You may also request that We transmit such Personal Data to a third-party Controller indicated by You;
f. Objection – You have the right to object to the Processing of Your Personal Data where we are relying on Our legitimate interests (or those of a third party) for such Processing;
g. Automated decision-making and profiling – You have the right to object to a decision taken solely on the basis of automated Processing, including profiling, which has an impact on You or significantly affects You;
h. Withdrawal of consent – if You have provided Consent for the Processing of Your Personal Data, You have the right to withdraw that Consent at any time, which will not affect the lawfulness of the Processing carried out such withdrawal; and
i. Information about the source – where the Personal Data We hold about You was not provided to Us directly by You, You also have the right to receive any available information as to the source of such Personal Data.
Any of the above requests should be addressed in writing to [email protected]
You will not have to pay to exercise any of the above-listed rights. However, We may charge a reasonable fee if Your request is clearly unfounded, repetitive or excessive.
Please note that none of above-listed rights are absolute and such rights must generally be weighed against Our own legal obligations and legitimate interests. If We are permitted, and if a decision is taken to override Your Data Subject request, We shall inform You accordingly.
