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The Company – NEXT GENERATION HEADWEAR® a brand of THE EXCEEDING HUB LIMITED – is established under the laws of Malta (“We”/”Us”/”Our”).
We are committed to respecting your privacy. If you wish to contact Us about Our privacy practices please feel free to do so by post at the above registered address or by email at firstname.lastname@example.org.
Our Data Protection Officer may be contacted by email at email@example.com. Kindly address any communication to ‘The Data Protection Officer’.
By accessing, browsing or otherwise using Our website you confirm that you have read and understood this Privacy Notice. Please read this Privacy Notice carefully to understand Our practices with respect to your Personal Data.
References to “Data Controller”, “Data Subject”, “Personal Data”, “Process”, “Processed”, “Processing”, “Data Protection Officer” and “Data Processor” in this policy have the meanings set out in, and will be interpreted in accordance with the applicable laws. “Applicable Laws” shall mean the relevant data protection and privacy laws, including but not limited to, the Data Protection Regulation (EU) 2016/679 (the “GDPR”), and the Data Protection Act, Chapter 586 of the Laws of Malta and subsidiary legislation thereto, as may be amended from time to time.
We may update this Privacy Notice in Our sole discretion including as result of a change in Applicable Law or processing activities. Any such changes will be communicated to you prior to the commencement of the relevant processing activity.
The term “Personal Data” refers to all personally identifiable information about you and includes all personal information which may be processed and that can be identified with you personally. The Personal Data that We collect from you will depend upon the services that you are using via Our website but may include:
We do not knowingly or intentionally process Personal Data of persons under the age of 16 based on their consent. If, following a notification by a parent or guardian, or discovery by other means, We become aware of a child under 16 having provided Us with their consent and We are not in a position to process the child’s Personal Data in reliance on any other basis under article 6 of the GDPR, We will immediately cancel the child's account and delete the child's Personal Data from Our records.
In the event that a parent or guardian becomes aware of a person below the age of 16 using Our website, it shall be the responsibility of the parent or guardian to bring this privacy notice to the child’s attention. Should the parent, guardian or child have any questions on the way in which We shall process the child’s Personal Data, please feel free to contact Us on the email address indicated above.
We are Data Controllers of your Personal Data; generally, you would have provided your Personal Data to Us. However, in some instances, We may collect Personal Data about you from third party sources, such as online searches or from public registers. Third parties such as Our clients and business partners, may also have provided your Personal Data to Us.
We typically collect Personal Data and process it for the following purposes:
Irrespective of the manner that We have collected your Personal Data, We will only process such data for the purposes indicated above or for purposes which are inherently related thereto, including the fulfilment of any legal or regulatory obligation imposed on Us.
The legal bases of processing your Personal Data are the following:
We also have a legitimate interest to process your Personal Data for safety and security, such as the recording of telephone conversations or electronic communications which result or may result in transactions where recording will take place.
When We process your Personal Data on the basis of Our or a third party’s legitimate interests, We shall ensure that the legitimate interests pursued by Us or such third party are not overridden by your interests, rights and freedoms;
On the basis of Our legitimate interests or compliance with legal obligations, as applicable, We may also process your Personal Data for the purposes of establishing, exercising or defending legal proceedings.
We will ensure that We have additional grounds for processing your Personal Data if processing of Special Categories of Personal Data is envisaged.
You will need to provide Us with your consent as a legal basis for Us to process your Personal Data to receive the newsletter. Personal Data is deleted upon withdrawal of such consent by you, or, at the point where the purpose for holding that data is no longer valid.
We will not see any of your financial information held by such payment gateway service providers, nor will We ever see the username, email or password that you use to authenticate with such providers. We will only be notified that the transaction has been completed successfully or that it has failed, and We may be given a reason explaining why the transaction failed (e.g. “insufficient funds”, or “card reported as stolen”).
We may share your Personal Data with third party recipients who are:
If We sell or buy any business or assets or transfer an area of the business to a new provider, We will disclose your Personal Data to the prospective seller or buyer of such business or assets or any third party who acquires Our assets or who the business is transferred to.
We shall only allow such third parties to handle your Personal Data when We have confirmed that they apply appropriate data protection and security controls. We will never sell or rent Our customer data to other organisations for marketing purposes.
We may be required to transfer your Personal Data to countries located outside of the EU or the EEA (including the United Kingdom). Where this is the case, We shall only transfer such Personal Data in compliance with chapter V of the GDPR, ensuring that either the country to which your Personal Data is transferred is subject to an adequacy decision pursuant to article 45 of the GDPR, or that at least one of the transfer safeguards (set out under article 46 of the GDPR) or one of the derogations (set out under article 49 of the GDPR) is satisfied. For more information on the mechanisms that We implement when transferring Personal Data to particular countries, kindly contact Us at the email indicated above.
Your Personal Data will not be used for any decision solely taken on the basis of automated decision-making processes, including profiling, without human intervention.
We will not retain your data for longer than necessary for the purposes set out in this Policy. Different retention periods apply for different types of data, for instance, the longest We will hold any Personal Data related to marketing will be for as long as you provide Us with your consent.
Thereafter, your Personal Data shall be immediately and irrevocably destroyed, unless We have a statutory obligation imposed on Us, a business need to retain the Personal Data, and/or require the Personal Data to exercise or defend legal claims.
Any Personal Data which We may hold on the basis of your consent shall be retained exclusively until when you withdraw your consent.
For as long as We retain your Personal Data, you have certain rights in relation to your Personal Data including:
Please note that your rights in relation to your Personal Data are not absolute and We may not be able to entertain such a request if We are prevented from doing so in term of an applicable law.
Note that We may contact you about Our updates, newsletters and events on the basis of Our legitimate interests and to keep you informed of such matters. In this respect, you have a right to opt-out and to object to receiving any further such communications from Us.
You may exercise the rights indicated in this section by contacting Us or Our Data Protection Officer at the details indicated above.
We shall implement and maintain appropriate and sufficient technical and organisational security measures, taking into account the nature, scope, context and purposes of the processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, to protect your Personal Data against any unauthorised accidental or unlawful destruction or loss, damage, alteration, disclosure or access to Personal Data transmitted, stored or otherwise processed and shall be solely responsible to implement such measures.
We shall ensure that Our staff who process your data are aware of such technical and organisational security measures and We shall ensure that such staff are bound by a duty to keep your Personal Data confidential.
The technical and organisational security measures in this clause shall mean the particular security measures intended to protect your Personal Data in accordance with any privacy and data protection laws.
If you have any complaints regarding Our processing of your Personal Data, please note that you may contact Us or Our Data Protection Officer on any of the details indicated above. You also have a right to lodge a complaint with the Office of the Information and data Protection Commissioner in Malta (www.idpc.gov.mt).
If you are a trader, a company, or other corporate entity, and you supply to Us Personal Data of third party Data Subjects such as your employees, affiliates, service providers, customers or any other individuals connected to your business, you shall be solely responsible to ensure that:
You hereby fully indemnify Us and shall render Us completely harmless against all costs, damages or liability of whatsoever nature resulting from any claims or litigation (instituted or threatened) against Us as a result of your provision of said Personal Data to Us.
You can set your browser not to accept cookies and the above website tells you how to remove cookies from your browser. However in a few cases some of Our Website features may not function as a result. You can find a guide on how to block cookies in the main browsers below:
What are cookies on our Website NOT used for?
We do not store sensitive personal identification information such as your address, password, etc. in the cookies we use.
What type of cookies do we use?
Below we indicate the types of cookies used in our Web/App according to their use and the organisation that manages them (first and third-party cookies).
These allow us to count the visits to the Web/App and traffic sources, quantify the number of users, and therefore measure and conduct statistical analysis on the use made by users.
These allow you to access the service with predefined characteristics in accordance with a series of criteria, for example, the language, the type of browser used to access the service, the regional configuration where the service is being accessed from, etc.
Strictly Necessary Cookies
These are necessary for the browsing and the optimal performance of our Web/App. For example, they make it possible to monitor the traffic and communication of data, access restricted areas, perform the purchasing procedure for an order, use security elements, store content in order to broadcast videos or share content via social networks.
These cookies store information on the behaviour of users obtained through their browsing on the Web/App so that we can show you advertising related to your browsing profile.
Social Media Cookies
These consist of a series of social media services we have added to the webpage to allow you to share our content with your friends and networks.
Our Website contains links to other websites that are not owned or controlled by Us or Our affiliated companies. This Privacy Notice only applies to Our websites so when you link to another website, We advise you to read that website’s privacy notice as We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services.
You further acknowledge and agree that We shall not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
All intellectual and industrial property rights over the Website and its content, including, by way of example, the images, sound, audio, video, designs, texts, graphics, logos, icons, colour combinations, structure, buttons, in addition to the software, commercial names, trademarks, works, illustrations, photographs and industrial drawings and any other symbols for industrial and commercial use are our property or the property of third party owners of the same who have duly authorised their inclusion on the Website.
The reproduction, distribution and public communication, including making part or all of the content of the Website available for commercial purposes, in any medium and by any technical means, is strictly prohibited without our authorisation.
Users agree to respect our intellectual and industrial property rights. Users may use the Website and its content for their own personal and private use. Any other use is prohibited and shall require the user to obtain the prior, express and written consent from us. Users shall refrain from deleting, altering, eluding or tampering with any protective device or security system installed on the Website.
We, under any circumstances, are not liable for any damages of any nature they may occur, by way of example, as a result of: errors or omissions in the content, unavailability of the website or the transmission of viruses or malware in the content, in spite of having adopted all the technological measures required to prevent this. Users may be redirected from the website to the content of third-party websites. Given that the provider cannot control the content introduced by third parties on its website at all times, the same cannot assume any liability in relation to said content.
In all cases, the provider declares that it shall withdraw any content that may contravene national and international legislation, morality or public order with immediate effect, through the immediate withdrawal of the redirection to said website, reporting said content to the competent authorities.
We are not liable for stored information and content, including but not limited to, on forums, chats, blog generators, comments, social networks or any other medium that allows third parties to publish content independent from the Website. However, we should make itself available to all users, authorities and security forces and actively collaborate in the withdrawal or blocking of any content that may affect or contravene national or international legislation, third party rights, morality or public order. In cases where users consider that content which may be classified as such exists on the Website, they are asked to report this without delay to the Website Administrator.
The Website has been checked and tested to ensure it works correctly. In principle, the correct operation of the same can be guaranteed 24 hours a day, 7 days a week, all year round. However, we cannot rule out the possibility that certain programming errors exist, or that access to the Website may be impeded owing to force majeure, natural disasters, industrial action or other circumstances.
The introduction of hyperlinks for commercial purposes on third-party websites that allow access to the Website is forbidden without our prior written consent. We are not liable for the use or content of third-party websites which may be linked to our Website.