Date last updated: 24 May 2021
The Malta Institute of Accountants (“MIA”) believes the privacy and confidentiality of an individual’s personal information is important. We provide the following updated privacy notice (the “Privacy Notice”) in order to demonstrate our firm commitment to privacy.
References to “data controller”, “data subject”, “personal data”, “process”, “processed”, “processing” and “Data Protection Officer” in this Privacy Notice have the meanings set out in, and will be interpreted in accordance with applicable laws, including but not limited to the General Data Protection Regulation (EU) 2016/679 and the Data Protection Act, Chapter 586 of the Laws of Malta and subsidiary legislation thereto, as may be amended from time to time.
1. Controller Details
The Malta Institute of Accountants (hereinafter referred to as the “MIA” “we”, “us” or “our” in this Privacy Notice) is an approved accountancy body in accordance with the requirements of the Accountancy Profession Act and of the relevant Legal Notices, having its address at Level 1, Tower Business Centre, Tower Street, Swatar, BKR4013, Malta.
If you have any questions about this Privacy Notice, including concerns about your personal data or our data collection practices, please feel free to contact us by post on the above-mentioned address or contact the MIA’s Data Protection Officer, Maria Mifsud Farrugia by phone on (+356) 2258 1900 or by email at email@example.com.
2. Personal Data
The term “personal data” refers to all personally identifiable information voluntarily provided to us for the registration and administration of your membership.
For the purposes of the membership we typically collect the following categories of data: identification data, residence and nationality data, contact data, employment data, data related to educational and professional qualifications, data related to the accountancy/auditing warrant and data related to payments made to the MIA.
We only collect information, including personal data that we believe to be relevant and required for the MIA to carry out its functions and activities and to conduct its business as required by law and regulatory obligations.
3. Third Party Data
In cases where you provide us with personally identifiable information relating to other people, such as your directors, officers, employees, advisors or other related persons, you shall be solely responsible for making sure that the provision of such data by you to the MIA fully complies with applicable data protection law and that the relevant person in regard to whom the data relates has been provided with the necessary information at law regarding the MIA’s processing of the personal data and where necessary you will obtain their consent to our use of their information.
Any information notices, consents or other applicable requirements that may be required to be fulfilled for the provision of third party data to us shall be borne solely by you and you hereby fully indemnify the MIA and shall render the MIA completely harmless against all costs, damages or liability of whatsoever nature resulting from any claims or litigation (instituted or threatened) by any third party against the MIA as a result of the provision of any third party personal data by you to the MIA.
4. Purposes of Processing
As a rule, the MIA will process your personal data to administer your membership, operate your account in the MIA database, undertake any necessary compliance checks to ensure that you comply with the obligations as specified by MIA’s Statute and Bye-Laws, respond to your general enquiries, support you and fulfil any other requirements in relation to your membership.
The MIA may also contact third parties in order to fulfil the above requirements.
5. How do we collect your personal data
We will collect data directly from you (for example through emails, membership application forms and any other MIA forms ) and will create the data internally (e.g. to operate and administer your personal account).
We may also collect some data from external sources for instance from your employer or learning provider/educational institution who may provide the MIA with relevant information on you as being employed by and/or undertaking training with them.
From time-to-time, the MIA may require to contact you about promotional offers, marketing as well as information in relation to the products and services provided by third parties (“Marketing”).
Marketing will be carried out primarily through the circulation of e-mails. Other means of communication may also be used, however the MIA shall always seek your prior consent.
You may withdraw consent to the processing of personal data for Marketing purposes at any time by sending us an e-mail on firstname.lastname@example.org. Alternatively, you may unsubscribe to such communications by clicking the “Unsubscribe” link noted in the footer of any Marketing email sent by the Institute. However, please note that by withdrawing your consent for Marketing communication does not affect the lawfulness of the processing of personal data based on such consent prior to its withdrawal.
7. Legal Basis
The following information below summarises the basis on which we process personal information:
(a) for the purpose of processing your membership application form to admit you as a member of the MIA;
(b) for the purposes of performing our contract with you;
(c) where we have a legitimate interest in using it, such as, day to day operational and business purposes, including, maintaining our membership database or for the purposes of managing our contracts and relationships with our members, students, non-member users, suppliers, partners or service providers;
(d) for compliance with our legal or regulatory obligations, including, enabling you to attain your CPE requirements to maintain your professional competence by providing information about courses and events, ongoing monitoring and certification or regulatory reporting obligations; and
(e) if we need and you have given your consent to use of your personal data for a particular purpose, including Marketing consent.
The recipients of the personal data are:
(a) selected individuals within the Institute;
(b) MIA’s Subsidiaries/Affiliates/Partners;
(c) MIA’s Investigating Committee, Disciplinary Committee and Appeals Board;
(d) educational Institutions;
(e) Governmental bodies including the Accountancy Board, Malta Business Registry and Malta Financial Services Authority;
(f) third parties/subcontractors to whom disclosure is required for the performance of the membership including certificate calligraphy supplier, privilege card supplier, IT service providers, the provider of our members’ management system, the provider of the system used for annual general meetings and the providers of other online systems, website hosting and management and cloud storage services;
(g) professional advisors including auditors, legal advisors if necessary, to establish, exercise or defend MIA legal rights and obtain advice in connection with the running of the operation. Personal data may be shared with these advisors as necessary in connection with the services they have been engaged to provide;
(h) payment gateways (such as Paypal);
(i) online conferencing platforms (such as Zoom);
(j) third parties to whom disclosure may be required as a result of legal obligations imposed on the MIA.
The MIA’s recipients of personal data are mainly located within the EU. However, please note that we do transfer some personal data to entities located outside of the EEA, including to entities located in the United States. Prior to transferring personal data outside the EAA, we ensure that appropriate transfer safeguards, as set out in Chapter 5 of the General Data Protection Regulation, are implemented. The safeguards that we typically implement are the Standard Contractual Clauses. These are pre-determined sets of contracts approved by the European Commission which require the parties signing the contracts to adhere to an adequate level of data protection.
You may request more information on the way in which we transfer personal data outside of the EEA by contacting the Data Protection Officer as specified in Clause 1. The entities located outside the EEA that we transfer personal data to include:
- Wild Apricot Inc. – used as our membership management platform;
- Microsoft Inc. – used for cloud storage;
- Zoom Video Communications Inc. – used for online conferencing;
- Simply Voting – used for online elections taking place during Annual General Meetings.
9. Processing Requirement
The processing of personal data is a statutory requirement in accordance with the MIA’s Statute and Bye-Laws. Failure to provide personal data impedes us from being in a position to process and conclude registration for MIA membership.
10. Automated Decision-Making and Profiling
Your personal data will not be used for any automated decision-making or profiling.
11. Data Retention
Information will be retained for the lifetime duration of your membership with the MIA and for a period of time thereafter in order to allow you to recover accounts if you decide to be re-admitted as a member, analyse the data for MIA’s own operations and for historical and archiving purposes associated with MIA’s history as a membership association. Data will not be retained for no longer than necessary for the purpose for which it was obtained by us, or as required or permitted for legal and regulatory purposes, and for legitimate business purposes. In certain circumstances, where required by law or applicable regulations or where the MIA deems it necessary for our legitimate business, regulatory and/or legal purposes, we may hold the data for a longer or shorter period.
For as long as we hold your personal data, you may (where applicable):
(a) request access to and rectification of your personal data where incomplete or inaccurate;
(b) request erasure of your personal data;
(c) object to the processing of your personal data;
(d) request restriction of processing of your personal data;
(e) request provision of your personal data in a structured, commonly used and machine-readable format; and
(f) request transmission to you or another controller indicated by you. .
Please note that your rights are not absolute.
MIA and its Data Protection Officer may be contacted on complaints regarding the processing of personal data a specified in Clause 1. A right to lodge a complaint with the Office of the Information and Data Protection Commissioner in Malta (www.idpc.gov.mt) is also in place.