This privacy policy (hereinafter the "Policy") applies to any person (hereinafter the "User") who (i) accesses the website https://bowlingacademy.org (hereinafter the "Website"), (ii) creates a Member Area on the Website, (iii) enters into a contract for the provision of services from the Website in order to benefit from or help benefit from the Services provided by THE BOWLING ACADEMY OF MALTA, Wimbledon Court 2, Triq Il-Mensija STJ 1963 San Giljan, Malta (hereinafter "BAM"). It also applies to any person who benefits from the Services as a Participant.

BAM, as data controller, is committed to protecting the privacy of Users and Participants in accordance with the applicable legal requirements and in particular Regulation no. 2016/679 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 "General Data Protection Regulation" or "GDPR") and Act no. 78-17 of 6 January 1978 on Data Processing, Data Files and Individual Liberties (hereinafter "Data Protection Act") (together referred to as "Applicable Regulation").

Thus, one of the objectives of the Policy is to inform Users as well as possible regarding the way BAM processes and protects their personal data, collected by BAM as part of the provision of the Website and Services to Users and Participants.

Unless otherwise specified in this Privacy Policy, terms that are defined in the General Terms and Conditions of Sale will have the same meaning in the Policy.

As indicated in the General Terms and Conditions of Sale (hereinafter "Terms"), Users must be over 18 years old to be able to validly conclude a contract in order to benefit from the Services that are offered on the Website or to allow one or more Participants to benefit from them.

On the other hand, the Services offered by BAM are accessible to minor Participants provided that the subscription to the Services has been carried out by their legal representative or by an adult person with the agreement of the said legal representative.

3.1. The data provided by the Users to BAM

BAM processes the data provided by the User via the Website and/or via the registration form for the Services, in particular during the following operations:

• during the creation, management and use of the User's Member Area on the Website;
• when subscribing to the Services;
• during the provision of the Services by BAM and in particular on the occasion of the reservation of camps via the Website and during the camps carried out by the User or Participant;
• when participating in promotional offers, contests and sponsorship operations;
• when the User contacts the customer service or any other BAM contact point.

In this context, BAM may in particular be required to collect and process the following categories of personal data concerning the User and Participant:

• identity: first name, last name, title, gender, date of birth, nationality;
• contact details: phone number, email address;
• the User's credentials: username and password;
• the User's payment information and/or bank details: bank details, invoicing data;
• data relating to the device used to access and use the Website: technical information regarding the characteristics and operating data of the User's device, the operator, the operating system, the IP address;
• data relating to camp bookings and in particular the dates and characteristics of the camp;
• data relating to the practice of Tenpin bowling, i.e. the skill of the User and Participant, the year the practice began, the number of hours of weekly practice, the number of bowling tournaments played per year;
• any other information directly and voluntarily provided by the User and/or Participant and in particular the content of emails or messages sent.

The information that the User must fill in when creating the User's Member Area and when filling in the subscription or participation form for the Services is indicated with an asterisk. Without this data, it is impossible for BAM to process the request or provide the requested Service.

3.2. Data collected through cookies

3.2.1. What is a cookie?

The Website is likely to use cookies according to the preferences that you will have indicated when connecting to the Website for the first time or at any time thereafter.

Cookies are small files that are stored on the User's computer or on any communication device used by the User (phone, tablets) when browsing the Website. These files allow the exchange of status information between the Website and the User's browser. This data is likely to reveal the type of browser used, the date and time of the visit, the IP address as well as the activities carried out on the Website. This data enables BAM to remember the User throughout his successive uses of the Website and to record his browsing path:

(i) in order to remember the login credentials for the Member Area;

(ii) in order to improve the security, the quality of the Services and the Website navigation;

(iii) for audience measurement, analysis and statistical purposes;

(iv) in order to send and display targeted advertisements.

3.2.2. What kind of cookies are used on the Website?

BAM uses the following categories of cookies on its Website:

• Strictly necessary cookies:

These cookies are essential in order to enable you to browse the Website and use its features. Without these cookies, the requested Services, such as the storage of your connection data and the features related to your Member Area, cannot be provided. These cookies also remember the choices you made such as, for example, the country from which you visited our Website. They can thus be used in order to offer you an experience more adapted to your choices and to make your visits more pleasant and personalized (in particular regarding the language of the Website and display of Website pages adapted to your device).

For this type of cookies, your consent is not required.

• Audience measurement cookies

Google Analytics:

The Website also uses Google Analytics to monitor the performance of the Website and enable BAM to optimize your online experience. These cookies collect information on how Users use the Website in order to gather information such as the frequency of User's visits on the Website, the pages they consult and the other websites they visited before coming on the Website. The information obtained through Google Analytics is used for the sole purpose of improving the Website and Services offered. If you do not want Google Analytics to track your activities on all websites, please visit the following website: http://tools.google.com/dlpage/gaoptout.

 

3.2.3. How do I set up the cookie deposit?

The prior consent of the User is required before any reading or deposit of cookies that are not strictly necessary for the operation of the Website, namely on this Website to cookies for audience measurement.

In accordance with the recommendation of the CNIL on the subject, BAM collects the User's consent by means of a platform accessible during his first browsing on the Website and at any time thanks to a blue button entitled 'Confidentiality' appearing at the bottom right of all the pages of the Website.

This platform allows the user to:

• accept directly the deposit of all kind of cookies; or
• directly refuse the deposit of all kind of cookies requiring consent; or
• choose in a granular manner the purposes of the cookies for which the User wishes to give or refuse consent; and/or
• precisely choose of BAM's partners who will be able to use the cookies and the purposes for which they wish to use them.

As data controller, BAM collects the personal data of Users and Participants in a lawful and fair manner and with respect for their rights.

The information collected by BAM, including personal data, shall be used for the following purposes:

• To manage the creation procedure of the User's Member Space and manage this User's Member Space;
• To conclude the contract with BAM and provide the Services offered to the User and Participant;
• To process payments, manage invoicing and accounting;
• To manage the User's subscription to BAM's newsletters and commercial prospecting messages;
• To manage the participation of Users and Participants to offers, contests, sponsorships organized by BAM;
• To manage the Website and its operational features (including logistics), solve any technical problem, improve and develop new features according to the use and/or the feedbacks and requests of the Users;
• To carry out statistical analysis;
• To answer the requests from Users and Participants and communicate with them, in particular to ask their opinion on the service provided by BAM and on significant changes and developments applied to the services offered by BAM;
• To enforce applicable laws, regulations and Terms.

BAM may also use the User's personal data in order to send the User commercial prospecting messages (in particular sending information related to the launch of new services, the organization of promotional events and marketing activities of any kind). The User may explicitly and freely consent or not to the collection and processing of his personal data for marketing purposes by means of a checkbox.

Some of the processing operations implemented as part of the provision of the Services offered on the Website and more widely to the Club by BAM are:

• necessary for the performance of the contract binding the User to BAM or for the performance of pre-contractual measures: this includes in particular the processing whose purpose is the management of the creation procedure and management of the User's Member Space; the provision of the Services; the processing of payments; the answer to requests for information via the "Contact Us" form or in a more general way during any contact;

• based on the legitimate interest of BAM (and in particular its economic interest): this includes in particular the processing targeting the management of the Website and its operational features (including logistics), the settlement of any technical problem, the improvement and development of new features according to the use and/or the feedbacks and requests of the Users and Participants, the production of statistics and finally the sending of commercial prospecting. Indeed, these processing operations take part in the improvement of its Services by BAM and thus benefit both the User and BAM without harming the interests, rights and fundamental freedoms of the Users;

It is also specified that regarding commercial canvassing operations and deposit and reading of cookies, the consent of the User is specifically collected when required by the applicable legislation and that the User benefits at all times from a right to object.

• necessary for the compliance with a legal obligation: this includes in particular processing operations whose purpose is the management of invoicing and accounting.

In accordance with the Applicable Regulation, the User and Participant have the following rights regarding their personal data:

right to be informed: you have the right to obtain clear, transparent, understandable and easily accessible information on how we use your personal data and on your rights. That is why we are providing you with the information contained in this Policy.

right of access: you have the right to access and obtain a copy of the personal data we have about you (provided that the request is not manifestly unfounded or excessive, in particular due to its repetitive nature). If you wish to access the data we hold concerning you, please contact us at the contact details below.

right to rectification: you have the right to obtain the rectification of your personal data when inaccurate or out of date and/or that they be completed if they are incomplete (provided that the request is not manifestly unfounded or excessive, in particular because of its repetitive nature). If you wish to modify your personal data, please contact us at the contact details below.

right to erasure: in certain cases, you shall have the right to obtain the erasure of your personal data. This is not an absolute right, as we may be obliged to retain your personal data for legal or legitimate reasons. If you want us to erase your data, please contact us at the contact details below.

right to restriction of processing: This right means that the processing of your data by us is limited, so that we can store this data, but we cannot use or process it. This right applies in special circumstances, as follows:

• In cases where the accuracy of personal data is contested by the data subject (i.e. you). The processing is then limited for a period of time allowing BAM to verify the accuracy of the personal data;
• In cases where the processing is unlawful and the data subject (i.e. you) opposes the erasure of the personal data and requests the restriction of their use instead;
• In cases where BAM no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims;
• In cases where the data subject (i.e. you) has objected to processing based on the legitimate interests pursued by BAM pending the verification whether the legitimate grounds pursued by BAM override those of the data subject.

If you wish to obtain the restriction of processing, please contact us at the contact details indicated in point 9 below

the right to object to processing of your personal data where the processing is based on BAM's legitimate interest (to determine the type of processing, please refer to the table in section 3 of this Privacy Policy): you may at any time object to the processing of your personal data on grounds relating to your particular situation, unless BAM can show legitimate and compelling reasons for the processing of such data which override your interests, rights and freedoms, or where such data are necessary for the establishment, exercise or defense of legal claims. If you wish to exercise your right to object or to obtain more information on how to exercise this right, please contact us at the contact details below.

right to object to commercial prospecting: you may, at any time, unsubscribe or object to receiving commercial prospecting messages from BAM. Simply click on the link in the footer of the communications you receive from BAM or send a message to the contact details below. However, it is specified that BAM will continue to send certain electronic communications, in particular communications transmitting invoices.

right to data portability: you have the right to receive the personal data concerning you which you have provided to us and that we hold about you, in a structured, commonly used and machine-readable format. This applies only to data that you have provided directly or indirectly and only when the processing is based on your consent or on the performance of a contract and is carried out using automated means. We encourage you to consult the list of legal bases for our processing of personal data (see section 3 of this Privacy Policy) to find out whether our processing is based on a contract or on consent. To exercise your right to data portability or to obtain further information, please contact us at the contact details below.

right to send us special instructions concerning the fate of your personal data after your death.

right to lodge a complaint with a supervisory authority: you have the right to seize and lodge a complaint with the data protection authority of your country to challenge BAM's practices with regard to the protection of personal data and privacy. We nevertheless encourage you to contact us at the contact details below before lodging any complaint with the competent data protection authority.

To exercise all of these rights, you may send a request to the following address enquiries@bowlingacademy.org.

The User undertakes to:

• provide accurate, complete and unambiguous personal data;
• ensure, as far as necessary, the update of personal data concerning him and the Participant;
• provide accurate, complete and unambiguous personal data concerning the Participant after having obtained the consent of the Participant for the transmission of the data to BAM;
• provide this Policy to the Participant.

BAM undertakes to store all personal data collected and to share it only under certain circumstances and in accordance with the provisions of the Applicable Regulation.

• The communication of personal data of the Users and Participants to BAM employees:

Some of the personal data of Users and Participants are accessible to BAM's employees if these persons need to have access to this data in order to carry out the mentioned purposes, i.e. to provide the Users with the Services in an appropriate manner. BAMs internal departments that may have access to the personal data of the Users are in particular the IT department, the technical support service, the marketing/commercial service and the coaches.

• The communication of the personal data of the Users to third party service providers:

In particular, BAM may grant access to the personal data of the Users and Participants to third party service providers, acting as subcontractors, for the performance of services relating to the Website and in particular payment, hosting, storage, analysis, marketing, communication, data processing, database management or computer maintenance services. These service providers shall only act upon the instructions of BAM and shall only have access to the personal data of the Users and Participants in order to perform these services and shall be bound by the same obligations of security and confidentiality as BAM.

In addition, the personal data of the User and Participant may be shared with third parties for the following reasons:

• in the context of a merger, acquisition or sale of all or part of the association or club's assets, of which the User acknowledges having been informed;
• following judicial or administrative proceedings of any kind or law enforcement measures requested by the competent authorities;
• to comply with legal obligations, to protect the rights and/or safety of an individual, to protect the rights and property of BAM, including the need for these Terms and Conditions to be complied with and to prevent fraud, security or technical problems.
• as part of a joint operation with third parties. Where appropriate, the sharing of information with these partners as well as the name of the partner(s) will be explicitly mentioned.

The personal data collected by BAM is stored on the servers of a service provider located in the European Economic Area.

BAM requires this provider to take, in accordance with the Applicable Regulation, all organizational and technical measures to ensure an adequate level of protection of the Users& ’ personal data.

BAM stores personal data for a different period of time depending on the situation:

• if you are not a client of BAM and/or if you only have a Member Area on the Website: for a duration of 3 years from your last contact with BAM;
• If you are a client of BAM and if you are a Participant: for the duration of the contractual relationship. At the end of the subscription term, BAM will delete all of the personal data it has on the personal area of the User and the Participants. On the other hand, the data that is necessary for the fulfilment of its contractual or legal obligations, in particular accounting data, will be stored and only deleted at the end of the applicable limitation period.

The security of personal data is one of the priorities of BAM. BAM undertakes to take all reasonable organizational and technical measures to prevent any disclosure, use, alteration, accidental loss or destruction of the personal data of a User or a Participant.

BAM certifies that the payment details collected and processed are encrypted using the approved system used by its service provider and are never transmitted unencrypted over the network.

BAM may update this Policy at any time to reflect new practices and Service offerings. In this case, the date of the Policy will be updated to indicate the day on which the changes were made. It is the responsibility of the Users to check for any updates made to this Policy that are posted on the Website. If BAM makes significant changes, the Users will be notified by means of an email.

While browsing the Website, the User is likely to see content that includes links to mobile applications and/or third party websites. BAM cannot access or control cookies or other features used by third party mobile applications and/or websites and the procedures of such external mobile applications are not governed by this Policy. Consequently, it is up to the User to directly contact and/or consult the general conditions of use and privacy policy of these mobile applications and/or websites of these third parties to obtain additional information regarding their personal data protection procedures.

In general, if the User and/or Participant have any questions or comments regarding this Policy, or about BAM's use of their data, they can contact BAM at the following address: enquiries@bowlingacademy.org.

As data protection is an important issue these days, BAM has chosen to voluntarily appoint a Data Protection Officer. The latter can be reached at the following address:

If you have any data protection concerns or wish to exercise your rights under the GDPR, please contact:

Data Protection Compliance Manager
The Bowling Academy Malta
Fl 2, Wimbledon court,
Triq Il-Mensija.
San Giljan STJ 1963
enquiries@bowlingacademy.org.