Effective 25 May 2018

1. Introduction

This Privacy Policy describes how we deal with any personal data you provide to us while visiting our website www.smartmbs.ie and during the provision of providing products and services to you. By availing of products and services from Smart MBS and and/or by visiting the website, you accept the terms of this Privacy Policy.

Please read this policy carefully. If you have any queries about this Privacy Policy, please email info@smartmbs.ie. 

2. Who We Are

“Smart MBS” (referred to as “we”, “us” or “our” in this policy) primarily refers to Smart MBS, a registered business of Pearse Trust Limited, and, where appropriate, to other companies in the Pearse Trust group or other entities over which Pearse Trust exercises management control (including Corplaw).

3. General Statement

At Smart MBS, we are committed to protecting and respecting your privacy. Any personal data that you provide to us, if retained, is held securely and will only be used for the purposes described in this document. Unfortunately, the transmission of data via the internet is not completely secure and there is no guarantee or warranty in relation to the security of any information you send to us via the internet. However, we will take all reasonable steps, including appropriate technical and organisational measures, to protect your personal data.

4. Privacy Policy

“Personal Data” is any personal information which relates to a living individual who can be identified from that data. You agree that the personal data which you supply to us will be true, complete and accurate in all respects, and you agree to notify us immediately of any changes to that data.

“Sensitive Data” is information which relates to an individual’s racial or ethnic origin, sexuality, health status, political beliefs, union membership or criminal background. We will not ask you for any sensitive data. Occasionally we may come into possession of sensitive data which is acquired from searches of open source information and databases.

For the purposes of the General Data Protection Regulation (“GDPR”) the data controller is Smart MBS, a registered business of Pearse Trust Limited (trading as Smart MBS), registered in Ireland with company number 111529 and registered office address at Block A, The Atrium, Blackthorn Road, Sandyford, Dublin 18.

We will deal with your personal data in compliance with the GDPR.

5. How We Collect Personal Data

We collect personal data in various ways:

• Information that you provide to us when you purchase a product or service with Smart MBS or become a client of Smart MBS (such as your first name, last name, company name, job title, country of residence, home and business address and email address).
• Information that you may provide by using the website or availing of our services on the website.
• If you contact us for any reason, we may keep a record of that correspondence.
• Website visitors can submit enquiries by completing the ‘contact us’ forms or by submitting email enquiries.
• When you provide information to us when you meet us face to face.
• When your company or intermediary/broker offers information on your behalf.
• Prospective clients can also communicate with us in several other ways such as:

• Personal calls to the Smart MBS offices
• Enquiry directly by telephone
• Third parties acting on your behalf
• Through business networking events or meetings, where contact details are voluntarily exchanged for business purposes.

On becoming a client of Smart MBS, we are required by law to collect sufficient details to confirm your identity, including where necessary (for the purposes of anti-money laundering and fraud prevention) financial information and compliance data.

6. How We Use Personal Data

The personal information that you provide to us may be processed for the following purposes:

• To contact you in response to communications you might send us.
• To provide you with the information and services that you have requested from us.
• To provide you with the information and services necessary in the fulfilment of our contractual obligations to you.
• To notify you about changes to our products and services.
• To contact you in relation to our services, events programme, general news from Smart MBS and communications deemed to be of possible interest to you. Such communications will always include the facility to unsubscribe.

The legal basis for the processing of your data is:

• Processing necessary for the performance of a contract which you have entered into with us, or to take steps at your request prior to entering into a contract.
• Processing necessary for compliance with a legal obligation to which we are subject.
• Processing necessary for the purposes of the legitimate interests in running our business effectively, which we pursue where such interests are not overridden by your interests or fundamental rights or freedoms which require the protection of your data.
• You may also give us your consent to certain processing activity.

7. Sharing Personal Data

For us to provide you with any of our services it is necessary for us to disclose your personal information to third parties with which we work. We will always do so in good faith and for the following purposes:

• Within the Pearse Trust group. For Smart MBS to carry out its operations effectively there may be occasions when it is necessary to transfer personal data within the Pearse Trust group for the purposes described here and in accordance with this Privacy Policy.
• Service Providers. We avail of third-party service providers to perform a variety of services on our behalf for the purpose of operating and servicing your business needs. Where we use third party service providers we require that they adhere to and operate in accordance with this Privacy Policy and the GDPR.
• Other parties where required by law and as necessary in the provision of our services, and to protect our rights, property and the safety of our customers, employees and business partners.
• Other parties at your request. We may share information about you with third parties when you request such sharing.
• To enforce our Terms and Conditions, or to act to protect the interests of our registered clients or others.
• Corporate transactions.  In the event of a sale, merger, liquidation, receivership or transfer of all or substantially all of the assets of Smart MBS. We would do so provided that the third party agrees to adhere to the terms of this Privacy Policy and provided that the third party only uses your personal data for the purposes that you provided it to us. You will be notified in the event of any such transfer and you will be afforded an opportunity to opt-out.

We do not allow the third parties we work with to use or share your data for any purpose other than what has already been agreed and stated above.

8. Storing, Securing and Retaining Personal Data

We take the security of your personal information very seriously. We use industry standard security measures to protect your information and to prevent the loss, misuse or alteration of any information in our control. Only authorised staff that requires access to your personal information to perform their roles are able to do so.

To meet our legal and regulatory obligations, we hold your information while you are a client and for a period of time after that. We do not hold personal information for any longer than is necessary.

9. International Transfers of Data

Smart MBS is a registered business of Pearse Trust, who operates businesses in multiple jurisdictions, some of which are not located in the European Economic Area (EEA). We may transfer personal information outside of the EEA to help us provide products and services to you. We expect the same standard of data protection is applied outside of the EEA to these transfers and the use of the information, to ensure your rights are protected.

10. Your Rights

We will respect all the rights that you have under the GDPR, specifically in relation to:

• Requesting information about whether we hold personal information about you, and, if so, what that information is and why we are holding/using it.      
• Requesting access to your personal information (commonly known as a "data subject access request"). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
• Requesting correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
• Requesting erasure of your 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 exercised your right to object to processing.
• Withdrawing consent. In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.

You can exercise any of these rights by contacting us at info@smartmbs.ie, using our social media channels or by visiting our website at www.smartmbs.ie

11. Cookies Policy

Our website uses ‘cookie’ technology. A cookie is a little piece or text that our server places on your device when you visit our website, which allows us to gather statistical and analytical information on an aggregate basis of all visitors to our website. Cookies help make the website work better and the non-personal data comprises information that cannot be used to identify you or contact you.

12. Policy Updates

From time to time, we may make changes to this Privacy Policy, particularly when we change how we use your information, and change our technology and products. You can always find the current version on our website www.smartmbs.ie.

13. Complaints Procedure

If you have a complaint about the use of your personal information, please let a member of our team know, giving them the opportunity to put things right as quickly as possible. If you wish to make a complaint please email info@smartmbs.ie. Rest assured that all complaints received are fully investigated.