Last Material Update: 26 February 2020
If you are not a California resident, please check our Global Privacy Notice.
- Important information and who we are
- The data we collect about you
- How is your personal information collected?
- How we use your personal information
- Disclosures of your personal information
- International transfers
- Data security
- Personal information retention
- Your legal rights
- Legal Right Explained
1. Important information and who we are
- what personal information is being collected about you,
- whether your personal information is sold or disclosed and to whom,
- the right to say no to the sale of your personal information,
- the right to access your personal information,
- the right to equal service and price, even if you exercise your privacy rights,
- the fundamental principle that the rights afforded to you as a consumer and the obligations imposed on us as a business shall not adversely affect the rights and freedoms of other consumers.
In relation with your visits of our Site, or through your use of the Services and any data you may provide when you register for or use the Services, sign up for alerts or newsletters, contact us with a question or request for help, participate in any renewals, promotions or surveys.
The Site and the Services are not intended for minors below the age of 18 years and we do not knowingly collect data relating to minors.
MCO Malta DAX Limited is the Business responsible for the collection and use of your personal information through the Site, the Services and the App.
Data Protection Officer, Complaints and Contact details
A toll – free telephone number +1 888-959-8091
In addition, you have the right to make a complaint about the way we process your personal information to the Information and Data Protection Commissioner (IDPC), Malta's supervisory authority for data protection issues.
We would, however, appreciate the chance to deal with your concerns before you approach a supervisory authority, so please feel free to contact us in the first instance.
It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your relationship with us.
2. The data we collect about you
Personal information, means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. It does not include data where the identity has been removed (de - identified data).
We may collect, use, store and transfer different kinds of personal information about you which we have grouped in categories as follows:
|Category of Personal Information||Specific Pieces of Personal Information|
|Marketing and Communications Data||
As explained above under Identity Data, we will also collect a visual image of your face which we will use, in conjunction with our sub-contractors, to check your identity for onboarding purposes. This data falls within the scope of special categories of data (see Special Categories of Data below). When we ask to collect a visual image of your face you will be asked for your specific consent. You can refuse to provide this, but it means that we will be unable to register you and provide you with the Services.
Special categories of personal information are data revealing your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, genetic and biometric data. We will only use special categories of personal information for a specific purpose and if we are able to satisfy both the Lawful Basis requirements, as well as at least one of the following additional conditions:
- You have given explicit consent;
- Processing relates to personal information which are manifestly made public by the data subject;
- Processing is necessary for the establishment, exercise of defence of legal claims, or
- Processing is necessary for reasons of substantial public interest based on EU or EU Member State Law.
If you refuse to provide personal information
Where we need to collect personal information by law, or under the terms of a contract we have with you, and you refuse 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 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.
3. How is your personal information collected?
We use different methods to collect information from and about you including through:
Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms, providing a visual image of yourself via the Service, by email or otherwise. This includes personal information you provide when you:
- apply for our products or services;
- create an account;
- subscribe to our services or publications;
- make use of any of our Services;
- request marketing to be sent to you;
- enter a competition, promotion or survey; or
- give us feedback or contact us.
Third parties or publicly available sources. We also obtain information about you from third parties (such as employers, credit reference agencies and fraud prevention agencies) who may check your personal information against any information listed on other databases.
4. How we use your personal information
We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:
- For the provision of the 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 obligation.
- We do not and we will not sell your personal information. We do not collect personal information of minors under 16 years of age; hence we do not sell such information.
- For business purposes we disclose your personal information as described in Section Disclosures of your personal information.
Generally, we do not rely on consent as a legal basis for processing your personal information although we will get your consent before 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. See below for further details on marketing.
Purposes for which we will use your personal information
We have set out below, in a table format, a description of all the ways we plan to use your personal information, 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 information 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 information where more than one ground has been set out in the table below.
|No||Purpose/Activity||Categories of personal information||Lawful basis for processing including basis of legitimate interest|
|i.||To register you as a new customer||
To process and deliver our Services and any App features to you including:
To manage our relationship with you which will include:
To manage risk and crime prevention including:
|v.||To enable you to partake in a prize draw, competition or complete a survey||
|vi.||To administer and protect our business, our Site and App(s) including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data||
|vii.||To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you||
||Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)|
|viii.||To use data analytics to improve our website, products/services, marketing, customer relationships and experiences||
||Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to form our marketing strategy)|
|ix.||To make suggestions and recommendations to you about goods or services that may be of interest to you||
||Necessary for our legitimate interests (to develop our products/services and grow our business)|
Relevant for individuals related to partnering companies
We strive to provide you with choices regarding certain personal information uses, particularly around marketing and advertising.
Promotional offers from us
We may use your Identity, Contact, Technical, Transactional, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us or purchased from us and you have not opted out of receiving that marketing.
We will get your express opt-in consent before we share your personal information with any third party for marketing purposes.
You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you.
Where you opt out of receiving these marketing messages, this will not apply to personal information provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.
Change of purpose
We will only use your personal information 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 information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
5. Disclosures of your personal information
We may share your personal information with our third party service providers, agents, subcontractors and other associated organizations, our group companies and Affiliates in order to complete tasks and provide the Services to you on our behalf. When using third-party service providers, they are required under written agreements, to respect the security of your personal information and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal information for their own purposes and only permit them to process your personal information for specified purposes and in accordance with our instructions.
We may pass your personal information (Identity Data, Contact Data, Financial Data, Transactional Data, Investment Data, Technical Data, Profile Data, Usage Data) to the following entities:
- companies and organizations that assist us in processing, verifying or refunding transactions you make via our App or the MCO Visa Card and in providing any of the Services that you have requested;
- identity verification agencies to undertake required verification checks;
- fraud prevention agencies to help fight against financial crime including fraud, money-laundering and terrorist financing;
- mobile application developers;
- organizations which assist us with customer service facilities;
- anyone to whom we lawfully transfer or may transfer our rights and duties under the relevant Terms & Conditions governing the use of any of the Services;
- any third party as a result of any restructure, sale or acquisition of our group or any Affiliates, provided that any recipient uses your information for the same purposes as it was originally supplied to us and/or used by us; and
- regulatory and law enforcement authorities, whether they are outside or inside of the EEA, where the law allows or requires us to do so.
6. International transfers
We share your personal information within our group. This will involve transferring your personal information outside the European Economic Area (EEA) or the origin of where your personal information is collected.
Many of our external third parties are based outside the EEA so their processing of your personal information will involve a transfer of data outside the EEA.
Whenever we transfer your personal information out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
We will only transfer your personal information to countries that have been deemed to provide an adequate level of protection for personal information by the European Commission. For further details, see European Commission: Adequacy of the protection of personal information in non-EU countries.
Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal information the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal information to third countries.
Where we use providers based in the US, we may transfer personal information to them if they are part of the Privacy Shield Program which requires them to provide similar protection to personal information shared between Europe and the US. For further details, see European Commission:
EU-US Privacy Shield
Please contact us if you want further information on the specific mechanism used by us when transferring your personal information out of the EEA.
7. Data security
We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions, and they are subject to a duty of confidentiality.
Depending on the nature of the risks presented by the proposed processing of your personal information, we will have in place the following appropriate security measures:
- organizational measures (including but not limited to staff training and policy development);
- technical measures (including but not limited to physical protection of data, pseudonymization and encryption); and
- securing ongoing availability, integrity and accessibility (including but not limited to ensuring appropriate back-ups of personal information are held).
We have put in place procedures to deal with any suspected personal information breach and will notify you and any relevant regulator of a breach where we are legally required to do so.
If you want to know more about our security practice, please visit the following link:
8. Personal Information retention
How long will you use my personal information for?
We will only retain your personal information for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal information, we consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
By law, we have to keep basic information about our customers (including Contact, Identity, Financial and Transactional Data) for at least 5 years. For example, under the EU Anti-Money Laundering legislation (Anti-Money Laundering Directives 4 and 5) we are obliged to retain your personal information for a period of 5 years after the end of the relationship between us as a company and you as a customer.
For the purpose of defending our legitimate interests against possible legal claims, please note that correspondence (e.g. email addresses and content, chats with the customer service team, call recordings etc.) will be kept up to 10 years, depending on the limitation period (a limitation period is a time period during which a claim can be made) applicable in your country, after the end of the relationship between us as a company and you as a customer.
Another example relates to our legitimate business need to prevent abuse of the promotions that we launch. We will retain a customer's personal information for the time of the promotion in order to prevent the appearance of abusive behavior.
Please note that under certain condition(s), your can ask us to delete your personal information. In some circumstances we will de-identify your personal information (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.
9. Your legal rights
Under certain circumstances, you have rights under the data relevant legislation in relation to your personal information:
- Right to know about personal information collected, disclosed, or sold. ("Verifiable Consumer Request to Know").
- Request correction of your personal information.
- Request erasure / deletion of your personal information. ("Verifiable Consumer Request to Delete")
- Object to the processing of your personal information.
- Request restriction of processing your personal information.
- Request transmission of your personal information to another entity.
- Right to withdraw consent.
- Right to opt-out of the sale of your personal information (this is to raise your awareness as a consumer. We do not sell your personal information)
- Right to Non-Discrimination for the Exercise of a Consumer's privacy Rights. You will not receive a discriminatory treatment by us for the exercise of the privacy rights set out above.
Please note that:
If we decide not to take action on your Request for disclosure, we will inform you about the reasons for not taking action. We will send the response without delay and at the latest within one month of receipt of the request.
Under the California Consumer Privacy Act, we are not obliged to honor your Verifiable Consumer Request to Know more than twice in a 12-month period.
What we may need from you
Please note, that the law obliges us to use:
- a Reasonable degree of certainty (e.g. matching at least two data points) for requests for Disclosure of Categories of Personal Information or
- a Reasonable high degree of certainty (e.g. matching at least three data points) for requests for Disclosure of Personal Information and requests for deletion.
Time limit to respond
We try to respond to all verifiable consumer requests within one month of receipt. If extension is needed, we will notify you for the reasons within the initial one month.
|Verifiable consumer request||
a request that is made by:
and that the business can reasonably verify to be the consumer about whom the business has collected personal information. The verification is performed under the applicable California legislation.
A business is not obligated to provide information to the consumer if the business cannot verify, pursuant to the applicable California legislation, that the consumer making the request is the consumer about whom the business has collected information or is a person authorized by the consumer to act on such consumer's behalf.
the use of personal information for the business’s or a service provider’s operational purposes, or other notified purposes, provided that the use of personal information shall be reasonably necessary and proportionate to achieve the operational purpose for which the personal information was collected or processed or for another operational purpose that is compatible with the context in which the personal information was collected.
Business purposes are (the list is not exhaustive):
11. Legal Rights Explained
Verifiable Consumer Request to Know enables you to:
- Receive a copy of the specific pieces of personal information and the categories of personal information that we have collected about you.
Receive information on:
- the categories of sources from which the personal information is collected,
- the business purpose for which we collect your personal information,
- the categories of third parties with whom we share your personal information,
- the categories of personal information that we disclosed about you for a business purpose.
Verifiable Consumer Request to Delete personal information. This enables you to ask us to delete or remove personal information 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 information 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 information to comply with local law. Note, however, that we may not always be able to comply with your request of erasure / deletion for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Please note that:
We can honor your request ONLY if it is a verifiable consumer request.
Depending on the status of our relationship with you, to verify your request we may need:
- the type and the last four digits of your ID which is registered with us and/or,
- last four digits of the phone number used for registration and/or,
- selfie, the list is not exhaustive.
The additional information we may need you to provide will be solely used for the purpose of verification. In that sense, to perform the verification we will also use any personal information previously collected from you.
If you want to make a request under the California Consumer Privacy Act through a natural person or a business entity authorized to act on your behalf, please beforehand contact us and in a due time we will provide you with a reply on how to designate such a person.
Request correction of the personal information 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.
Object to the processing of your personal information 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 information 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 information. This enables you to ask us to suspend the processing of your personal information in the following scenarios:
- If you want us to establish the data's accuracy.
- Where our use of the data is unlawful, but you do not want us to erase it.
- 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.
- 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 information to you or to a third party. We will provide to you, or a third party you have chosen (where technically feasible), your personal information 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 information. 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.