We thank you for taking the time to better understand the way we process your personal data and information. For your easier browsing of this document, you can click on each headline of the contents below to access directly the corresponding section.
Thus, we explain here the personal data that we collect, when and why we collect personal data, what we do with it – including with whom we may have to share it – and for how long we keep it.
b. Legal basis
In the European Union, the processing of personal data is a fundamental right enshrined by Article 8(1) of the Charter of Fundamental Rights of the European Union as well as Article 16(1) of the Treaty on the Functioning of theEuropean Union (TFEU).
But the most important and comprehensive text applicable in the field of data protection in the European Union and the European Economic Area is the General Data Protection Regulation (GDPR) (EU) 2016/679, which is available at:
As an EU regulation, this text is directly applicable and can be enforced by any citizen or resident.
In Malta, the Data Protection Act (Chapter 440) aims at making certain points of the GDPR more precise.
2. The information we collect
a. Contract and services
When you use our services, including our free Wi-Fi Hotspot services, the information that we collect directly from you usually relates to your contact details: name, surname, title, address, email address and phone number/s. When we are legally required to get the consent of parents or guardians, we may also ask for your age. When you authorise us to debit your bank account for payment by direct debit, we will also have access to your banking details.
When you are already a customer and make use of any of our services, we collect data on the way you are using our services. We collect information about the duration of your browsing sessions, your IP address, the amount of data you have uploaded and downloaded, the social media account through which you access the service, information about the device you use to access and use the service, which may include the MAC address, the operating system and the type of your browser. We may associate the device information with submitted information to treat the combined information as personal data.
b. Requests and feedback
c. Legal claims
If you have filed a legal claim against us or if we have filed one against you, we shall only use and share any personal information we have access to for the purposes of solving, and during the period necessary to solve, this legal claim. We may use your personal data to assess our responsibility or verify your identity or the identity of others involved in the claim and share this data with the lawyers or other consultants we engage. and keep your personal data
3. The purposes of our processing of your personal data
We process your personal data in a lawful manner. In this section, we explain the grounds upon which we collect and use that personal data.
a. Legal grounds of processing
Current data protection law provides for four reasons allowing the processing of your personal data:
- The fulfilment of our contractual obligations;
- The fulfilment of a legal requirement;
- Your consent;
- Our legitimate interest to collect, use and store your personal data.
When you have given us your consent to process your personal data, you are free to withdraw this consent at any time. When we have a legitimate interest to process your personal data, you may objectto our processing at any time. For more information on how to withdraw your consent or object to our legitimate interest, please refer to Section Your rights to access and control your information.
b. General purposes of processing
We process your personal data in order to:
- provide you with and deliver the services for which you signed up for including our Wi-Fi Hotspot services;
- respond to your comments and queries and provide you with customer and/or technical support;
- request your feedback and advice;
- send you information about our services (updates, security and usage alerts, benefits on your existing services, upgrade of services…);
- check your identity when you report a fault, ask for information and use our services;
- bill, process and receive payments;
c. Specific purposes of processing
Where you have specifically consented to doing so, your contact information is also used by us to communicate with you to market and promote our services. We will inform you about any offers related of any of our products or services, and for any products or services we may be promoting jointly together with any other companies. However, we will never share any of your information with any other company for their own marketing purposes unless you have specifically subscribed to this service. You may withdraw your consent at any time by sending an email to [email protected]
Where you have specifically subscribed to the use of our Wi-Fi services, in order to be able to provide the Service to you, certain data shall be collected from your registered Device.
The data collected shall include, but shall not be limited to:
The log-in information which you provide and/or (if applicable) information from your social media account through which you access the Service (e.g. Twitter, Facebook, etc). This information will be taken from your social media access page and will be subject to your privacy settings and policies. Please do ensure that if logging in through social media account you do restrict data that you don’t wish to share.
In the event that you contact BOATCARE TRADING LIMITED, we may keep a record of that correspondence;
Details of usage of our Service from your Registered Device, including, but not limited to, session timestamps and wifi location. We do not collect any websites history, content or traffic logs. The collection is limited to log of active wifi internet access, which hotspot are you connected to and session timestamp.
Information about the registered Device, including where available, the registered Device’s MAC address, operating system and browser type. BOATCARE TRADING LIMITED may associate the registered Device information with the submitted information and will treat the combined information as personal data in accordance with these T&C for as long as it is combined.
Collect and process information about your actual location, if within the range of the Hotspot and logged in to the system.
The above mentioned Wi-Fi service data is collected and used to ensure that you have a suitable shopping and service experience. Upon subscribing to the Service, we shall collect, store and process the information provided in accordance with the provisions of these T&C and the applicable laws.
We do not use the information you provide to make any automated processing or decisions that might affect you.
For the avoidance of doubt, any personal data shall be processed in accordance with the applicable law and shall be deleted from our system once you unsubscribe from the Service (or 52 weeks from last using the wifi internet provided by us) and the information is no longer required to be kept from our side in order to protect our legitimate interest of protecting ourselves against potential claims and suits, or comply with statutory obligation.
Any data you generate by using our services may be used by us for billing purposes, for internal accounting and auditing purposes, to address any technical issues you or we may be experiencing and to monitor your use of our services and network to make sure you use them in a fair manner which doesn’t go against the law. We do this in line with your and our legal or contractual obligations.
For our legitimate interest we use your usage data, as well as any feedback you consented to provide us with, to understand your preferences, consider the suitability of products that may interest you, to improve and develop our products and services (including forecasting) and to personalise services and our communications to you. In order for us to use your data for the purposes listed in this paragraph, we need to use automated processing. This means that information on how you use our services will be gathered and analysed by a tool which will also draw conclusions to help us understand how the core products and services we offer could be used, improved or developed to provide you or others with a better experience. You will only be affected by the conclusions of this automated processing to the extent that we may contact you directly to make suggestions to change the package of services you are currently subscribed to. However, you will be under no obligation whatsoever to take up such a suggestion.
We may also use your usage data to thank and reward you for your loyalty as our customer. We consider that it is our legitimate interest to do so. At your request and after verifying the validity (legitimacy) of this request, your usage data may also be used to generate reports requested by you.
We may retain your fault history in order to solve problems you may be experiencing with
4. The condition on which we share your personal data
We engage the services or use the products of other companies in order to provide, improve, customise, support and market our services. We restrict access to your personal data by these other companies but if some of your personal data need to be shared with them to assist us with our operations, they will only process that information under our instruction and we ensure that they adhere to the same high standards required in the EU for the processing of personal data.
We use such companies or their products for the following purposes:
- to install, maintain and repair core products;
- to offer customer care services;
- to store, cross-check, verify and update your personal details;
- to store, calculate, verify and update information on your use of our services;
- to get feedback on how we are doing and whether you are satisfied with our services;
- to follow up on debt collection or protect our legal rights;
- to get professional advice or consultancy services;
- to build, maintain, provide support services and troubleshoot matters relating to our various services and IT networks;
- to provide offers to our customers e.g. via mobile apps which such subscribers have downloaded and subscribed to directly (to assess take-up, usage etc. Not necessarily anonymised);
- to communicate with you on our behalf.
5. Your rights to access and control your personal data
Data protection law provides for the rights below that you may exercise under certain circumstances.
Right to access your personal data
You have a right to ask for free for a copy of your personal data that we process. This right can only be exercised by you to the extent that it will not affect others.
Right to correct your personal data
If any of your personal data that we process is incomplete or incorrect, you have the right to have this personal data corrected.
Right to erase your personal data (aka the right to be forgotten)
You may request the erasure of all your personal data if we no longer have any legitimate reason to continue processing it. We will not be able to fulfil your request until you are still our customer and for a further period of five years thereafter as well as if we are under a legal obligation to retain this information, or where the retention of your information is necessary for us to defend ourselves in a legal dispute or to execute a legal title against you.
Personal data collected for the purposes of the provision of our WiFi services shall be retained for a period of twelve (12) months from your last log in to our wifi access, following which your personal data held by us will be deleted; this period may be extended if we are under a legal obligation to retain this information, or where the retention of your information is necessary for us to defend ourselves in a legal dispute or to execute a legal title against you.
Right to object to the processing of your personal data
In cases where we rely on our legitimate interests to process your data and you feel that our processing of your data impacts your fundamental rights and freedoms, you may object to our processing of your personal data by contacting us on [email protected] . However, we may be able to demonstrate that we have a compelling legitimate ground to process your data which may override your rights and freedoms.
Right to restrict the processing of your personal data
You may ask us to temporarily suspend the processing of your personal data (except the storage) if your data is inaccurate, if you believe that we process your personal data unlawfully, if you need us to keep your data even when we no longer need it or if you have objected to the use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Right to transfer your personal data (aka data portability)
In order to move, copy or transfer your personal data more easily, you have the right to obtain and reuse your personal data for your own purposes from one IT environment to another in a safe and secure way and without affecting the usability of your personal data if this personal data has been processed based on your consent or if processed by automatic means.
Right to withdraw your consent to processing your personal data
You may opt out or withdraw your consent if you no longer want us to process your data. This will not affect the lawfulness of the processing carried out by us up until the time of the withdrawal. As a result of your withdrawal, we may no longer provide you with certain services (such as marketing). Note that you must allow us 48 hours to give effect to such a request and that even if you withdraw your consent, we may continue processing your personal data on the basis of other lawful grounds or legal obligations, in which case we would contact you.
Right to file a complaint with a supervisory authority
In case you face difficulties, we invite you to contact us by any means so that we can make all possible efforts to resolve any problem that you may have. You may also contact us directly on [email protected] or via telephone on +356 79300680.
However, should you consider at any time that we are handling your personal information in a manner that leaves you dissatisfied or at a disadvantage, you may at any time file a complaint with the Office of the Information and Data Protection Commissioner by email on [email protected], by ordinary mail at Information and Data Protection Commissioner, Level 2, Airways House, High Street, Sliema, SLM 1549, Malta or by calling (+356) 2328 7100.
We will respond to all legitimate requests as soon as possible and within one month of receipt of the request. If you have made multiple requests in a certain period, dealing with your request may take us a little longer, in which case we shall notify you of an extension.