Privacy Policy

• 1. Important information and who we are
• 2. The data we collect about you
• 3. How is your personal data collected?
• 4. How we use your personal data
• 5. Disclosures of your personal data
• 6. International transfers
• 7. Data security
• 8. Data retention
• 9. Your legal rights
• 10. Glossary
• 11. Google Analytics

INTRODUCTION

AQA Capital Ltd (C 70143) having its registered office at 171, Old Bakery Street, Valletta, VLT 1455 respects your privacy and are committed to protecting your personal data. AQA Capital Limited is an investment company duly licensed and authorised by the Malta Financial Authority (”MFSA”) to provide investment services, including asset and wealth management and provision of investment advice (the ”Services”).
The purpose of this Notice is to set out the basis on which your personal data is processed by us, to inform you about how we will handle and look after your personal data, including in relation to when you visit our website (regardless of where you visit it from), and to tell you about (i) our obligations in regard to processing your personal data responsibly, (ii) your data protection rights as a data subject and (iii) how the law protects you. It should be read in conjunction with our Cookie Policy.
We process your data in an appropriate and lawful manner, in accordance with The Data Protection Act (Chapter 586 of the Laws of Malta) (the ”Act”) and the General Data Protection Regulation (Regulation (EU) 2016/679) (the ”GDPR”).
This privacy notice is provided in a layered format so you can click through to the specific areas set out above. Please also use the Glossary to understand the meaning of some of the terms used in this privacy notice.

1. IMPORTANT INFORMATION AND WHO WE ARE

PURPOSE OF THIS PRIVACY NOTICE

This privacy notice aims to give you information on how AQA Capital Ltd (C 70143) having its registered office at 171, Old Bakery Street, Valletta, VLT 1455 collects and processes your personal data through your use of this website, including any data you may provide through this website or when you avail yourself of any of our Services.
This website is not intended for children and we do not knowingly collect data relating to children.
It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.

CONTROLLER

AQA Capital Ltd as previously defined is the controller and responsible for your personal data (”COMPANY”, “we”, “us” or “our” in this privacy notice).
We have appointed a data protection contact point who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the data protection contact point using the details set out below , with the words ‘Data Protection Matter’ in the subject line.

CONTACT DETAILS

Our full details are:
AQA Capital Ltd (C 70143)
The Data Protection Contact Point
info@aqa-capital.com
6, Third Floor,
Market Street,
Floriana, FRN 1082
Malta:
+356 23479800

You have the right to make a complaint at any time to the Information and Data Protection Commissioner (www.idpc.org.mt). We would, however, appreciate the chance to deal with your concerns before you approach the IDPC so please contact us in the first instance.

CHANGES TO THE PRIVACY NOTICE AND YOUR DUTY TO INFORM US OF CHANGES

This version was last updated on 19 Jan, 2021
It is imperative that the personal data we hold about you is accurate and current at all times. Otherwise, this will impair the quality of the Services (amongst other potential issues). Please keep us informed if your personal data changes during your relationship with us.

THIRD-PARTY LINKS

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

2. THE DATA WE COLLECT ABOUT YOU

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

• Identity Data includes first name, maiden name, last name, gender, marital status, title, date and place of birth, nationality and tax domicile, signatures.
• Compliance Data includes copies of your passport or national identification documents, source of funds and source of wealth information and reference letters, conduct certificates.
• Contact Data includes residential and postal address, email address and telephone numbers.
• Financial Data includes bank account, income, summary of assets and liabilities, credit history.
• Transaction Data includes details about payments to and from you and other details of services which we will provide to you;
• Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
• Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
• Usage Data includes information about how you use our website, and Services.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences, if any.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

IF YOU FAIL TO PROVIDE PERSONAL DATA

Where we need to collect personal data by law, or under the terms of a contract we have with you or as part of our defined legitimate interests to ensure security and protect against fraud and suspicious transactions and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time. In other instances, such as where you fail or refuse to fulfil our Compliance Data requirements, we will only be able to provide a reduced and restricted service to you.

3. HOW IS YOUR PERSONAL DATA COLLECTED?

We use different methods to collect data from and about you including through:

• Direct interactions. You may give us your Identity, Contact, Compliance and Financial Data by filling in contracts/agreements or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
  • apply for our services;
  • submit the Compliance Data which we request;
  • subscribe to our service or publications;
  • request marketing to be sent to you;
  • enter promotions or survey; or
  • give us some feedback.
• Automated technologies or interactions.

  As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please see our Cookie Policy for further details.

• Third parties or publicly available sources.

  We may receive personal data about you from various third parties [and public sources] as set out below:
  General Due Diligence Data from the following:
  (a) Advisors and intermediaries and from publicly available sources such as public court documents, the Malta Business Registry, the Registrar of Companies and company registers of other jurisdictions and from electronic data searches, online KYC search tools (which may be subscription or license based), anti-fraud databases and other third party databases, sanctions lists and general searches carried out via search engines (e.g. Google). This generally relates to information which we obtain for the purposes of our @know your client” procedures (which include AML procedures, CTF procedures, politically exposed persons checks, sanctions checks, amongst others). We term this General Due Diligence Data. Technical Data from the following parties:
  (a) analytics providers such as Google based outside the EU

4. HOW WE USE YOUR PERSONAL DATA

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract we are about to enter into or have entered into with you, namely when you apply for or subscribe to any of our products or Services.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal or regulatory obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by Contacting us.

PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please Contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

MARKETING

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. 

PROMOTIONAL OFFERS FROM US

We may use your Identity, Contact and Marketing and Communications data in order to send you marketing material.
You will receive marketing communications from us if you have requested information from us or are one of our clients and, in each case, you have not opted out of receiving that marketing.
You will receive marketing communications from us if you have subscribed to our newsletter or engaged us to carry out any Services. This is within our legitimate interest to develop our relationship with you and ensure that you receive the best service possible.

THIRD-PARTY MARKETING

We will get your express opt-in consent before we share your personal data with any company which is not AQA Capital Ltd for marketing purposes.

OPTING OUT

You can ask us or third parties to stop sending you marketing messages at any time by Contacting us at any time
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of being one of our clients.

COOKIES

 You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie Policy.

CHANGE OF PURPOSE

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please Contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5. DISCLOSURES OF YOUR PERSONAL DATA

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

• Internal Third Parties
  We may transfer your personal data to our affiliated entities including AQA Capital Ltd’s branch in Italy having its registered address at Via Cavallotti, 8 20122 Milan, Italy, AQA’s Capital Ltd Representative Offices in United Kingdom having its registered address at 96, Kensington High Street, London W8 4SG, United Kingdom and in Czech Republic, with registered office in Parížská 68/9 110 00 Praha 1 Staré Mesto, Prague, Czech Republic for any of the purposes indicated in this Privacy Policy. This is carried out in furtherance of our legitimate interest to consolidate internal reporting requirements and ensure business efficiency;
• External Third Parties
  Further to that which is provided in the below section, we may transfer your personal data to external third parties: (i) to facilitate and administer your business relationship with us; (ii) as part of our regular reporting activities on company performances; (iii) to consolidate our reporting and accounting procedures; (iv) to ensure business efficiency (all of the above being part of our legitimate interests); and
• Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers 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.

 EXTERNAL THIRD PARTIES

• Service providers based in Malta or other EU member states who provide IT and system administration services.
• Professional advisers including lawyers, bankers, auditors and insurers based in Malta or other EU member states who provide consultancy, banking, legal, insurance and accounting services.
• Tax authorities, regulators and other authorities who require reporting of processing activities in certain circumstances.
• [Third party service-providers including professional advisors, depositaries, administrators, transfer agents and their designated delegates or agents. As part of our wealth management services we may need to transfer your personal data to credit, financial and investment institutions with whom we may have a working relationship in order to be able to provide the Services which you request.

Personal data, particularly Transaction Data, in relation to transactions effected via SWIFT (Society for Worldwide Interbank Financial Telecommunication) may be required to be disclosed to the United States authorities in order to comply with legal requirements applicable in the United States for the prevention of crime and in accordance with the EU-US Terrorist Finance Tracking Program (TFTP) agreement in compliance with applicable law.

We may also transfer your personal data to applicable governmental and regulatory authorities, agencies and other public bodies in order to comply with our legal obligations. In particular, we may transfer your personal data to the MFSA, the Registrar of Companies (“RoC”). The Malta Business Registry (“MBR”), the Financial Intelligence Analysis Unit (“FIAU”) as well as applicable tax authorities such as the Commissioner for Internal Revenue. We may also transfer your personal data when we are required to do so by any judicial body, court order or order issued by a police authority.

We may also disclose your data to enforce our contractual terms with you, or to protect our rights, property or safety, that of our partners or other users of the Site and Services. This includes exchanging information with other companies and organisations for the purposes of fraud protection.

6. INTERNATIONAL TRANSFERS

 Generally, we do not transfer your personal data outside the EU. However, we may do so in the following limited circumstances:

1. the transfer is necessary for the performance of a contract between AQA Capital Limited and yourself or for the implementation of pre-contractual measures taken at your request;
2. the transfer is necessary for the conclusion or performance of a contract concluded in your interest between us and another natural or legal person;
3. the transfer is necessary for important reasons of public interest; or
4. the transfer is necessary for the establishment, exercise or defence of legal claims.

If we do, you can expect a similar degree of protection in respect of your personal information.

When transferring your personal data outside the EEA, we shall ensure that there are the necessary measures in place to ensure that your personal data is processed in accordance with applicable law. In particular we may transfer your personal data outside the EEA on the basis of either of the following safeguards:

• On the basis of a decision taken by the European Commission that such country provides an adequate standard of data protection and respect for privacy (“adequacy decision”); or
• On the basis of Standard Contractual Clauses which are approved and adopted by the European Commission.

7. DATA SECURITY

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

8. DATA RETENTION

HOW LONG WILL YOU USE MY PERSONAL DATA FOR?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

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.

By and large, retention of most data shall not exceed the period of six (6) years from the date of termination or completion of the Services. This period of retention enables us to use the data for the defence of possible future legal claims (taking into account the applicable prescriptive period at law, plus a slight grace period past the expiry of prescription). In certain cases, we may retain your data for a period which will not exceed ten (10) years from the date of termination or completion of the Services and this will be retained in order for us to comply with applicable accounting and tax laws (this will primarily consist of your Transaction Data).

In some circumstances you can ask us to delete your data: see [Request erasure] below for further information.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

NO FEE USUALLY REQUIRED

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

WHAT WE MAY NEED FROM YOU

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

TIME LIMIT TO RESPOND

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

9. YOUR LEGAL RIGHTS

Under certain circumstances, you have rights under data protection laws in relation to your personal data. You have the right to:

Request access to your personal data (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 correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please Contact us

10. GLOSSARY

LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by Contacting us

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

THIRD PARTIES

EXTERNAL THIRD PARTIES

• Service providers based in Malta or other EU member states who provide IT and system administration services.
• Professional advisers including lawyers, bankers, auditors and insurers based in Malta or other EU member states who provide consultancy, banking, legal, insurance and accounting services.
• Tax authorities, regulators, fraud prevention agencies, anti-money laundering units and other authorities who require reporting of processing activities in certain circumstances.

11. GOOGLE ANALYTICS

So as to improve the quality and overall user experience of the Website, we are using Google Analytics Advertising Features, including Google Analytics, a web analysis service from Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA ("Google").
We use Google Analytics to collect anonymous information such as the number of visitors to the site, and the most popular pages. All data collected is aggregate data and cannot be used to identify you and therefore is not considered to be personal data.

If you would like to opt-out of Google Analytics for display advertising, you may do so by using the Ads Preference Manager. In addition, there is also a Google Analytics Opt-Out browser add-on that you can download at https://tools.google.com/dlpage/gaoptout

If you have any questions regarding our privacy policy, or if you would like to send us your comments, please contact us today or alternatively write to our DPCP using the details below using ‘Data Protection Matter’ in the subject line.

Address: 6, third floor, Market Street, Floriana, FRN 1082, Malta:

Telephone No: +356 23479800

Email: info@aqa-capital.com

Please check back frequently to see any updates or changed to this Policy.