practices with regard to personal data collected by Franks
through its website www.franks.com.mt, which is an online
shopping portal (hereinafter referred to as the “Site”)
implemented by Franks Stores Ltd (hereinafter “Franks”).
We are registered in Malta under company registration number
C15364. Our registered address is No.4, JMA Building, Level 2,
Industry Street, Qormi, Malta. Our VAT registration number is
Act (Cap 440 of the Laws of Malta) and with the EU Directives on
the processing of personal data and the protection of privacy in
the electronic communications sector.
- The term “personal data” refers to personally identifiable information
about you, such as your first and last name, birth date, age, gender,
e-mail address, delivery and billing address, phone number, signature
(when collecting online purchases), voice (when calling Customer Service),
Paypal details, historic purchase information, user ID and any other
information that is identified with you personally.
- Franks is continually improving and adding new functionality and features
to its Site and improving and adding to our existing products, services,
and programs. Because of these ongoing changes, changes in the law, and the
changing nature of technology, Franks’ data practices will change from time
to time. If and when our data practices change, Franks notify any such
changes by posting them on the Site. Please check this Site regularly for
any changes. This policy was last updated on the 5th of December, 2016.
- Franks is not responsible for the content or privacy policies of other third
party websites linked to the Site.
- By using this Site or providing Franks with your Personal Data through the Site,
Personal Data Collected
- Franks collects and processes your personal information (“Personal Data”) when
you use the Site. Without limitation, personal data includes the personal information
you submit when you sign up to or browse the Site, contact Customer Service and/or make
purchases through it. If you do not supply us with your personal data, we will not be
able to fulfil our services to you (e.g. supply the products you wish to purchase
online from the Site).
- Franks also logs IP addresses, or the location of your computer on the Internet for
internal security purposes of the Site and such data will not be shared or disclosed
to third parties except as provided for in Clause 15 below.
- When you visit the Site, a cookie may be sent to you. A cookie is a small piece of
data sent from a website and stored in a user’s web browser while the user is browsing
the website. Every time the user loads the website, the browser sends the cookie back
to the server to notify the website of the user’s previous activity. Your browser sends
these cookies back to the website every time you visit the site again, so it can recognise
you and can customise what you see on the screen according to your registered preferences.
Certain cookies are essential for the functioning of the website, thus disabling them may
hinder the full functioning of the Site. Please do refer to our Cookies Policy for further
Use of Personal Data Collected
- Franks uses the personal data information you provide for the following purposes:
- The personal data you provide Franks to register as a user of the Site will be processed
in order to identify you as a user of the Franks Site and provide access to the different
services and functions that are available to you as a registered user.
- When effecting a purchase, such data will be used for the development, facilitation and
performance of the purchase and sale contract between both parties of the products you
have purchased from the Site and related administrative and legal purposes. Such data
may also be used to be able to contact you via email / telephone call / SMS to inform
you about the status of your order and other messages related to the services, including
the security updates of the Site.
- In case you provide Franks with third party information, you will be responsible for
having informed and obtained their consent for this information to be provided for the
purposes explained herein. If you have purchase a product or gift card for such third
party, the information of such third party will only be used for managing the delivery
or verification of the receipt of the goods and attending to any query or request which
you or the third party may have.
- In case you wish to make any queries through the contact form available on the Site,
your personal data and contact details may be used by Franks in order to respond to
- You hereby guarantee that the personal data provided are true and accurate and undertake to
notify us of any change or alteration of them. Any loss of damage to the Site or the Franks,
or to any third party through the provision of erroneous, inexact or incomplete information on
the registration form, will be exclusively the responsibility of the user.
- You may also subscribe to our newsletter or other e-mail alerts from Franks or its affiliates,
which enable you to receive current news about Franks and its business. For all such services,
you may “opt-out” of, or unsubscribe from any such messages either upon subscription, from the
newsletter email itself or by contacting Customer Service.
Requirements and Criteria for Processing
- Franks ensures that:
- personal data is processed fairly and lawfully;
- personal data is always processed in accordance with good practice;
- personal data is only collected for specific, explicitly stated and legitimate purposes;
- personal data is not processed for any purpose that is incompatible with that for which
the information is collected. [The processing of personal data for historical, statistical
or scientific purposes shall not be regarded as incompatible with the purposes for which the
information was collected];
- personal data that is processed is adequate and relevant in relation to the purposes of the processing;
- no more personal data is processed than is necessary having regard to the purposes of the processing;
- personal data that is processed is correct and, if necessary, up to date;
- all reasonable measures are taken to complete, correct, block or erase data to the extent that such data is
incomplete or incorrect, having regard to the purposes for which they are processed;
- personal data is not kept for a period longer than is necessary, having regard to the purposes for which they
- Personal data may be processed only if:
- processing is necessary for the performance of a contract to which the data subject is party or in order to
take steps at the request of the data subject prior to entering into a contract; or
- processing is necessary for compliance with a legal obligation to which Franks is subject; or
- processing is necessary in order to protect the vital interests of the data subject.
- processing is necessary for the performance of an activity that is carried out in the public interest or in
the exercise of official authority vested in Franks or in a third party to whom the data is disclosed; or
- processing is necessary for a purpose that concerns a legitimate interest of Franks or of such a third party to
whom personal data is provided, except where such interest is overridden by the interest to protect the
fundamental rights and freedoms of the data subject and in particular the right to privacy.
Disclosure of Your Personal Data
- Franks may disclose such personal data only if we are required and permitted to do so by law, in accordance with the
Data Protection Act, or we believe, in good faith, that such action is necessary to:
- comply with the law or with legal process,
- protect and defend our rights and property,
- protect against misuse of unauthorised use of the Site and its content; or
- protect the personal safety or property of our users or the public.
- In order to fulfil our services in regard to any of your purchases or requests, Franks may need to disclose or
transfer some of the information provided by you to third parties contracted for the delivery of the goods
purchased by you. You are hereby informed that by registering and providing us with information via the Site,
you are expressly authorizing Franks to disclose and/or transfer such data to such companies and for the
purpose of executing your purchases or requests.
- Where strictly necessary, we may also disclose this information to third party processors, financial institutions
or other third party service providers who help with our business operations (e.g. technological services suppliers,
financial transaction management, logistics services, etc.) or as necessary to process your purchases. By providing
information in this Site or otherwise to Franks, you expressly authorise us to disclose and process your information
Sharing of Personal Data
- Franks may share the information collected, in aggregate form, with advertisers and other partners. We will not
release personal information about you as an individual to third parties, except under the circumstances described
above in compliance with legal process. Upon request, we will provide you with all of your personal information
associated with your UserID and information will only be sent to the email address you provided us with when registering
- In compliance with the provisions of the Data Protection Act, personal data may not be processed for purposes concerning
direct marketing, if the data subject notifies the data controller that s/he opposes such processing. The data controller
shall appropriately inform the data subject of his right to oppose such processing at no cost.
- While no method of data transmission is guaranteed against unlawful third party interception or other misuse, Franks
uses commercially reasonable efforts to ensure protection of your data including industry-standard encryption and offline
security methods in our physical facilities.
Rectification, Deletion, etc.
- Franks shall, at the request of the data subject, immediately rectify, block or erase such personal data that has not
been processed in accordance with the Data Protection Act or with regulations made thereunder.
- Franks shall notify any third party to whom the data has been disclosed about the measures undertaken as aforesaid.
Provided that no such notification need be provided if it is shown to be impossible or it will involve a disproportionate
- Should you wish to exercise your rights for access, rectification, erasure and/or objection in regard to the personal data
collected in your regard, you may send us an email on email@example.com. We may request that you provide us with an
identification document in order to ensure maximum security and confidentiality.
Data Subject Access Policy
- Franks will provide information in response to any reasonable data subject access request. Franks will ensure that the data
is kept in an accessible form to facilitate access by the data subject.
- At the data subject’s request, Franks shall provide to the data subject, without excessive delay and without expense, written
information as to whether and which personal data concerning the data subject was processed, shared or disclosed. Provided that
a request by the data as aforesaid shall only be made by the data subject at reasonable intervals.
- Should you wish to exercise your rights for access in regard to the personal data collected in your regard, you may send us an
email on firstname.lastname@example.org. We may request that you provide us with an identification document in order to ensure maximum
security and confidentiality.
- If such data is processed Franks shall provide to the data subject written information in an intelligible form about:
- actual information about the data subject which is processed;
- where this information has been collected;
- the purpose of the processing;
- to which recipients or categories of recipients the information is disclosed; and
- knowledge of the logic involved in any automatic processing of data concerning the data subject.
us on email@example.com.