1. INTRODUCTION
This website is operated by EarnLab Limited, the company registered and incorporated under the laws of Malta, bearing company registration number C 105654 (hereinafter the ‘Company,’ ‘we,’ ‘us,’ or ‘our’).
We determine the purpose and the means of processing your personal data, and for this reason, we are considered as data controllers in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, on the Protection of Natural Persons with regard to the Processing of Personal Data and on the Free Movement of such Data (hereinafter the ‘General Data Protection Regulation’).
We are committed to protecting and respecting your rights and your privacy.
This policy (hereinafter the ‘Privacy Policy’) aims to:
- (i) set out what data we collect about you;
- (ii) regulate how personal data is processed and stored;
- (iii) regulate the manner in which we can disclose your details to anyone else; and
- (iv) explain the basis on which personal data and information are collected.
By using the Site and/or by using any of the services provided by us, you are agreeing to abide by:
- this Privacy Policy;
- our Terms and Conditions, which may be accessed here;
- any other specific terms and conditions which may be applicable to certain Services provided by the Company.
The terms set out in this Privacy Policy shall be read in conjunction with our Terms and Conditions which may be accessed here.
2. DEFINITIONS
Within this Privacy Policy, the term:
- ‘GDPR’ means the General Data Protection Regulation, that is Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016;
- ‘Personal Data’ or ‘Data’ means any information relating to a customer and/or Site user (hereinafter referred to as ‘data subject,’ ‘you,’ ‘your,’ or ‘user’), which information may lead to your identification (whether directly or indirectly). Examples of Personal Data include, but shall not be limited to, your name, surname, birth date, gender, email address, phone number, and other factors and information pertaining directly to you;
- ‘Services’ shall include any features, options, functionality, or facilities made available by the Company, whether on the Site or otherwise, and including but not limited to the option to participate in any online applications, any reward programs, any online surveys, and/or any other Services provided by the Company and this, whether via the Site or otherwise;
- ‘Site’ means EarnLab.com and includes any sub-links as well as the mobile or mobile application version thereof;
- ‘Special Category Data’ means data on racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, health data, amongst others; and
- ‘Terms and Conditions’ means our terms of use which may be accessed here.
3. THE DATA WE COLLECT AND PROCESS
3.1 In order for us to be able to provide you with our Services (and to be able to register an account on the Site), we would require certain Personal Data, including (but not limited to):
- (i) your name and surname;
- (ii) contact details;
- (iii) your residential address;
amongst other information which may (a) either be required by us, in order to provide you with our Services and/or (b) which is required for us to comply with our legal obligations.
3.2 In most cases, the provision of Personal Data arises either from statutory requirements or contractual provisions. If you choose not to provide us with your Personal Data, we will not be in a position to provide you with our Services, and therefore you are being requested to refrain from accessing the Site.
3.3 When collecting, processing, or storing Special Category Data, we would ask for your explicit consent. We will only process Special Category Data (i) when necessary, (ii) if instructed by a competent Court or Authority and/or (iii) when required to do so by any law or regulation. Special Category Data will be processed under strict conditions and with an appropriate legal basis.
4. WHY WE COLLECT YOUR DATA
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To operate the Site and to provide you with any related Services.
We will use the Data provided to us, in order to make the Services available to you in line with our Terms and Conditions. The processing of your Personal Data is essential to us, (i) for the purposes of recording the progress made and; (ii) to register your status within any online games, online surveys, online assignments, online Cases (as defined in our Terms and Conditions) and in any other Services provided by the Company.
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To help us improve our online service via the Site.
We may process information about you, so that we can analyse and improve our Site. This process is necessary for us to pursue our legitimate interest of ensuring that the Services being offered on the Site are functioning properly, to identify and correct malfunctions on the Site, amongst others.
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To send marketing to you.
At EarnLab.com, we occasionally use your Personal Information to keep you updated about our products, services, and promotional events that we believe might interest or benefit you. This communication could be through email, SMS, telephone, or postal mail. If at any point you decide you no longer want to receive marketing or promotional materials from EarnLab.com in any form, you can easily opt out. Simply send an email to support@earnlab.com with your request, and we will promptly honor your decision.
Additionally, we may need to contact you regarding the management and administration of your EarnLab.com account. These necessary communications can occur through any contact method you provided during your Member registration. Please note, these administrative messages are separate from direct marketing communications and do not change your preferences regarding promotional messages.
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Comply with our legal obligations.
As data controllers, we are duty bound by a number of legal and regulatory obligations, including in respect of fraud prevention, anti-money laundering measures, amongst others. For this reason, we would need to process your Personal Data so as to abide by our legal obligations.
5. LEGAL BASIS
| Categories of Data | Purpose / Activity | Basis |
|---|---|---|
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6. CHANGES TO YOUR PERSONAL DATA
6.1 It is important that the Personal Information we hold about you is current and accurate. Therefore, it is your sole responsibility to keep us informed should any of your personal information change.
7. DISCLOSURE OF PERSONal DATA
7.1 We may share your Personal Data with:
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(i) Other companies within our group
We may share your Personal Data with other companies within our group in order to provide you with the Services and to comply with our legal obligations. -
(ii) Service Providers
We may also share your Personal Data with selected third parties including:- a. Game/s Suppliers;
- b. Analytics, business intelligence and search engine providers that assist us with the improvement of our Site;
- c. Our payment services providers (where and if applicable);
- d. Our employees; and/or
- e. Our lawyers, advisors and consultants who advise on any matter which required them to gain access to personal information.
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(iii) In the event of a sale of our business
In the event that we agree to transfer or sell our business relating to the Site, we may share your Personal Data with the new buyers and their lawyers, consultants, financial advisors, and employees.
7.2 Where Data is shared in line with clause 7.1 above, it is shared and made available to third-parties on a strictly need-to-know basis.
7.3 Save as described in this Privacy Policy, we will not intentionally disclose the Personal Data we collect or store to third-parties, unless it is an imposed legal obligation on us to do so.
7.4 We will also not share your Data with any third parties for the purposes of direct marketing.
7.5 We use data processors who are third-parties, who provide elements of services for us. We have agreements in place with all our data processors and therefore, this ultimately means that they cannot do anything with your Personal Data, unless we have instructed them to do it. Your Personal Data will be held securely and such third-parties, will only retain your Personal Data for the period we instruct them to do so and/or as required by law.
7.6 You acknowledge that there might be instances, where we will be legally obliged to share information, such as, for example, when compelled to do so under a court order or where we are asked to cooperate with other competent authorities. We might also share information with other regulatory bodies and competent authorities, in order to further their, and or our objectives. In any scenario, we will ensure that we have a lawful basis on which to share the information.
7.7 All our third-party services providers are required to take appropriate security measures to protect your Personal Data, in line with our policies. Moreover, we only permit third-parties to process your Personal Data for specified purposes, and in accordance with our legally binding agreements.
8. YOUR RIGHTS AS DATA SUBJECT
8.1 As a data subject, you have a number of rights in relation to your Personal Data.
8.2 We respect your privacy rights and will endeavour to uphold such rights to the extent that they apply to the way in which we process your Personal Data.
8.3 Your principal rights are:
- The right to be informed;
- The right to access;
- The right to rectification;
- The right to erasure;
- The right to restrict processing;
- The right to data portability;
- The right to know of the existence of automated decision making;
- The right to lodge a complaint with the supervisory authority (IDPC) and/or seek judicial remedy in this cases where you believe that your data protection rights have been infringed following the processing of your Personal Data; and
- The right to withdraw consent.
8.4 If you wish to exercise any of the above-mentioned rights, please send your request on support@earnlab.com.
8.5 Any request made will be given appropriate consideration within the timescales required by data protection legislation.
8.6 Prior to processing your request, and were deemed reasonably necessary, you will be required to provide us with proof of your identity. This is intended to ensure that Personal Data is not disclosed to unauthorised third-parties. We may also require additional information in relation to any such requests, in order to speed up our response procedure. We do reserve the right to withhold your personal data if disclosing it would adversely affect the rights and freedoms of others.
8.7 Generally, when exercising your rights, no fees are applicable. However, if you require is clearly unfounded, repetitive, or excessive, we may charge a reasonable fee.
9. THIRD PARTY CONTENT, SITES AND CONTRIBUTIONS
Our Site may contain content and links to other websites or applications, that are operated by third-parties.
We don’t control these third-party websites or applications, and this Privacy Policy does not apply to them.
You are encouraged to consult and read the terms and conditions as well as the privacy policy of the said third-parties, in order to find out how they collect and use your information.
11. DATA RETENTION
11.1 We are under a legal obligation to retain certain Personal Data about you for at least five (5) years after you close your account with us. Personal Data shall be kept in line with legal timeframes and shall not be kept for longer than necessary.
11.2 We will retain your Personal Data for as long as we need it to comply with our obligations under applicable law, to enforce our contractual agreements, and if relevant, for the establishment, exercise, and defense of legal claims.
11.3 In circumstances where it is impossible for us to specify in advance the periods for which your Personal Data will be retained, we will determine the retention period based on the following criteria:
- the purpose(s) for which it was collected;
- whether there are any statutory obligations obliging us to continue to process your information;
- whether we have a legal basis in place to continue to process your information, including but not limited to, consent;
- the value attached to your information;
- whether there are any industry practices stipulating how long the information should be retained;
- the risk, cost, and liability attached to such retention; and
- any other relevant circumstances.
11.4 You also acknowledge that we may keep your data for a longer period for legal or regulatory reasons which may include:
- (i) establishing, bringing and/or defending legal claims;
- (ii) evidencing that we treated you fairly;
- (iii) responding to your requests, queries, complaints, and/or questions;
- (iv) if it becomes necessary or required to meet legal or regulatory requirements, to prevent fraud and abuse and to enforce our terms and conditions; and/or
- (v) compliance purposes.
12. SECURITY
12.1 We undertake to take all appropriate security measures in order to protect your Personal Data against loss, misuse, unauthorized access, alteration, disclosure, or destruction of information.
12.2 The security measures which we have implemented to secure information transmitted over our Site or stored in our systems include the following:
- (i) Use of secure servers;
- (ii) Use of firewalls;
- (iii) Use of encryption;
- (iv) Physical access controls at data centres; and
- (v) Use of back-up systems.
12.3 No method of electronic storage is 100% secure. For this reason, we cannot warrant or ensure the security of any information shared with us, but this is done at your own risk.
12.4 We also cannot warrant or in any way guarantee that such information will not be accessed, disclosed, altered, or destroyed by any breach of our physical, technical, and/or organizational safeguards.
12.5 We do have in place procedures to deal with any suspected Personal Data security breach, and we will notify the relevant authorities of any such breach where we are required to do so. We will also inform you, as the data subject, of the occurrence of a breach and the steps to take to safeguard your rights.
13. TRANSFER OF PERSONAL DATA OUTSIDE OF YOUR JURISDICTION
To the extent that we need to transfer Personal Data outside your jurisdiction, whether it is transferred to our service providers or affiliates, we shall do so in accordance with the applicable laws. In particular, in order to ensure that all such transfers comply with applicable local data protection law, we will implement appropriate security safeguards.
14. PRIVACY BY DESIGN AND DEFAULT
When introducing new technologies, policies, or processes, we will ensure that your privacy is considered at the ‘design’ stage. Where applicable, and in line with the General Data Protection Regulation, we will carry out a Data Protection Impact Assessment.
15. SEVERABILITY
The invalidity or unenforceability of any provision of this Privacy Policy, as determined by a court of competent jurisdiction, shall in no way affect the validity or enforceability of any other provision thereof.
16. CONTACT DETAILS
If you have any questions in connection with this Privacy Policy, if you feel that your Personal Data has been compromised or if you wish to make a complaint about the processing of your Personal Data, please contact us at any time:
a. By post at: EarnLab Limited
Elite Business Centre
Trejqa Ta’ Box Box
Msida,
MSD1840
Malta
b. Via email on: support@earnlab.com
c. By using the applicable contact form available on the Site.
17. UPDATES
17.1 We may update this Privacy Policy from time to time, to reflect changes in how we store, and process your Personal Data, or to comply with any new legal requirements and obligations.
17.2 Any changes we make to this Privacy Policy, will be reflected on this page and where appropriate, you will be notified via email.
17.3 We highly recommend revisiting this Privacy Policy regularly to stay informed of any changes.
17.4 This version was last updated on 12.10.2023.