Home » Privacy Policy Privacy Policy This website (“the website”) is operated by Investimental S.A. (“Investimental”). Investimental may be referred to in this Policy as “we”, “us” or “our”. Purpose of this Privacy Policy This Privacy Policy is intended to inform you about: the processing activities related to your personal data, in your capacity as a website visitor; the processing of personal data carried out by Investimental in order to conduct its activities as described below. Our Privacy Policy may be amended from time to time. Whenever a change occurs, Investimental will publish an updated version of the policy on this page and will display a pop-up message indicating that the policy has been updated. By consulting this website frequently, you can ensure that you remain informed at all times about the processing activities carried out by Investimental. The Investimental website may include links to other websites managed by other entities/legal persons that are not related to Investimental and for which Investimental bears no responsibility. We may also provide links to other websites operated by Investimental affiliated companies, which apply separate privacy policies. If you access these websites through our website, we recommend that you review their privacy policies in order to understand how they collect, use, and disclose your information. Investimental and data privacy Investimental processes personal data in accordance with the provisions of Regulation (EU) 2016/679 (the General Data Protection Regulation) and the related legislation. Depending on the activity carried out, Investimental processes your personal data, as a data subject, under the following circumstances: For processing derived from your capacity as a website visitor; If you are a candidate for Investimental’s vacant job positions; To the extent that you are a beneficiary of the services provided by Investimental (ultimate beneficial owners, clients and potential clients who are natural persons, representatives of clients, etc.); To the extent that you are an Investimental contractual partner (including a partner representative, appraiser, agent, service provider, tenant, participant in events organized by Investimental); To the extent that you are a third party with no relationship to Investimental, there is a possibility that Investimental will process your data in accordance with section A(h) – to the extent that Investimental receives certain documents and/or requests from such entities, Investimental may receive your identification data as well as other information as applicable (for example, data about certain garnished accounts and the value of the debts, in the event we receive garnishment notices in your name). Categories of personal data we process Investimental processes personal data that you provide directly, as well as data generated based on it, such as the client identification code, trading data, and information resulting from non-compliance reported by any person. We may collect personal data about you when you use our website, as well as during the performance of contractual relationships entered into and the provision of services by Investimental. We collect and process your personal data as follows: from the information you provide by completing forms on our website: the form on the Contact page, the form in the Open account/ Login section, and the Newsletter subscription form, as well as through the chat function (Help); through correspondence with us by phone, e-mail, or in any other way. The information you provide may include: Contact details, such as name, home address, correspondence address, e-mail address, and phone number; Data related to your client profile, such as citizenship, income information, tax residency, etc.; If you are a candidate: professional history, information obtained during the recruitment process (aptitude tests, personality tests, etc.); Other data you provide in the context of communicating with us, as applicable. In the course of our activities, we will not collect or process sensitive personal data related to you (i.e., information about racial or ethnic origin, political opinions, religious beliefs or philosophical convictions, health, sex life, or sexual orientation), except where: we are required by law to do so; and/or you have provided your explicit consent separately. If you voluntarily provide personal data (including sensitive personal data) through your interaction with the website or through correspondence with us by phone, e-mail, or in any other way, of your own initiative and not at our request, we will delete such personal data from our systems if we do not consider that its processing is necessary for a legitimate purpose of Investimental, except where you have made such data public (for example, in a message forum that is visible to the public), in which case we will remove such data from our website only if the law requires this or if we do not wish to retain it. If we obtain your personal data from a third party, we will provide you with all relevant information about its processing as soon as possible, but no later than one month from the date we obtained your personal data. Refusal to provide personal data may result in the inability to provide financial services and/or to fulfill the other processing purposes pursued by Investimental. Purposes and legal bases for processing Investimental processes your personal data as follows: A: For the purpose of fulfilling legal obligations, for the following purposes: fraud prevention by analyzing/verifying the authenticity of the identity document presented by you, for the performance and improvement of the financial services provided to you, by capturing in Investimental’s IT record-keeping system the data contained in the identity document, in accordance with applicable legal requirements; compliance with the legal rules applicable to investment firms in order to meet “know your customer” requirements, prevent money laundering and combat terrorist financing, report transactions in accordance with applicable legislation, manage conflicts of interest, and manage inspections by authorities with respect to client relationships; fulfillment of all Investimental obligations related to financial supervision carried out by supervisory authorities; eligibility assessment for granting standard or customized investment products and services (including the granting/approval stage), by creating a profile taking into account indicators for evaluating annual income and expenses, investment risk, and determining experience in the field of financial investments; administrative and financial management; retention/storage (prior to archiving) and archiving, in accordance with legal provisions, of contractual documentation (including ensuring the operations related to these activities) and/or other documents containing personal data; internal audit; compliance with national and European prudential requirements applicable to investment firms; managing relationships with public authorities or with other persons providing a public service (bailiffs, notaries, etc.). In order to fulfill these purposes, Investimental will also rely, where necessary, on its legitimate interest in carrying out its business activities. B: For the purpose of concluding and performing contracts, for the following purposes: carrying out any legal relationships resulting from contracts concluded between Investimental and you or the company you represent; proper monitoring of all obligations assumed by Investimental’s contractual partners (natural persons) and/or by clients towards Investimental; concluding and performing employment contracts. C: For the purpose of pursuing Investimental’s legitimate interests in the context of carrying out its business activities, for the following purposes: improving the financial investment services provided by improving internal flows, policies, and procedures; portfolio management; simple marketing purposes, PR and communication, conducting surveys regarding financial investment services, Investimental’s activity, and the activity of third-party contractual partners; handling complaints received from you regarding financial investment services, and creating a profile in order to present the most suitable products/services; transmitting FATCA (Foreign Account Tax Compliance Act), CRS (Common Reporting Standard), and QI (Qualified Intermediary) data during the management of the contractual relationship that falls within the scope of FATCA/CRS/QI rules; consulting the information registered in your name in the FATCA/CRS/QI database by any Participant in the FATCA/CRS/QI System for the purpose of providing financial investment services, at your request, or for the purpose of offering you such products/services; establishing, exercising, or defending Investimental’s rights in court, as well as creating evidence in this regard; recruitment and human resources purposes regarding Investimental candidates and employees, as well as granting benefits to data subjects. There are certain processing purposes for which Investimental must obtain your consent. Investimental will obtain such consent through various means, and the consent provided may be withdrawn at any time, with Investimental taking your preferences into account. The purposes for which Investimental is most likely to obtain your consent are the following: direct marketing, advertising through intermediary/promotion of the most suitable Investimental products and services, including the sending of commercial communications by Investimental for this purpose; accessing data held by ANAF as well as any other databases made available by public entities, under the law, about you, in order to assess your eligibility for offering standard or customized products and services. Recipients of personal data Investimental will not transfer (by sale or rental) your personal data to third parties. Within Investimental, only a limited number of staff members have access to your personal data on a need-to-know basis. These staff members are subject to confidentiality obligations regarding personal data. Investimental staff members are authorized to handle personal data only based on instructions communicated by Investimental, in connection with their job responsibilities. We have taken appropriate technical and organizational measures to protect personal data. This website uses security measures against loss, alteration, or misuse of information under our control. However, Investimental does not assume responsibility for information loss caused by software errors in the design and hosting of the website. We are also not responsible for security errors on the server hosting the website. For the fulfillment of the processing purposes, Investimental may disclose certain categories of personal data to the following categories of recipients: To business partners, suppliers, and subcontractors for the performance of all contracts we conclude with you, in order to provide the products and services you request; To professional organizations, market research organizations, and other service providers that offer administrative, professional, and technical support to Investimental; To external consultants (i.e., lawyers, accountants, auditors), for specific purposes, when necessary; To banking institutions and government authorities, tax authorities and/or law enforcement bodies that request Investimental to provide information based on Investimental’s legal obligations or for the protection of our legitimate interests (including the legitimate interests of third parties) in accordance with applicable laws; To other entities or persons, such as courts, to fulfill a legal requirement or to protect Investimental’s rights and assets or those of other entities or persons. Investimental offers clients multiple payment options, including the use of an online payment processor (Salt Edge Limited). If, in order to fund your account directly from the Investimental Portal, you choose to make the payment through this payment processor, Investimental will transmit to the payment processor information about the status of the initiated payment request, as well as the associated transaction data, which may include personal data (for example, the name of the payment account holder and the IBAN). If you choose to use this payment method, your personal data will be transferred outside Romania, but only within the EU/EEA. To learn more about how the payment processor uses personal data, please access the Privacy Policy available at the following address: https://www.saltedge.com/dashboard/fino_privacy_policy . Transfer of personal data Currently, in order to fulfill the purposes mentioned above, Investimental may transfer certain categories of personal data outside Romania, to states within the EU/EEA as well as outside the EU/EEA, including to the United States of America. For transfers outside the EU/EEA, Investimental will base the transfer of personal data on appropriate safeguards, including: an adequacy decision issued by the European Commission regarding the destination country or countries; a “privacy shield” certification; appropriate binding corporate rules; an approved code of conduct, together with binding and enforceable commitments of the data controller or processor in a country outside the EU and EEA to apply appropriate safeguards; an approved certification mechanism, together with the binding and enforceable commitment of the controller or of the processor in a country outside the EU and EEA to apply appropriate safeguards; or EU standard contractual clauses approved by the European Commission. Duration of data processing For the purposes mentioned, Investimental will process personal data for the duration of providing financial investment services, and afterwards as necessary to comply with applicable legal obligations, including, without limitation, provisions regarding archiving obligations. It is possible that, after the legal archiving periods have expired, Investimental will anonymize the data, thereby removing its personal nature, and will continue processing anonymized data for statistical purposes. If you are a Client or a Business Partner, we will retain your personal data for the duration of the contractual relationship with you and for the minimum retention period required by law, including the limitation period and the terms provided by tax and accounting legislation. Personal data of candidates for Investimental’s vacant positions will be retained for the duration of the recruitment process. If the recruitment and selection process concludes with an offer that the candidate accepts, the collected personal data will be transferred to the personnel file and retained in accordance with the requirements of applicable legislation. If we later wish to retain candidates’ data in a database in order to notify them in the future of other open positions that match their profile, we will need the candidate’s consent. If we process your personal data based on your consent, such personal data will be processed only for the period provided by your consent, except where you withdraw or restrict your consent before the expiration of that period. In such cases, we will cease processing the relevant personal data for the relevant purposes, subject to any legal obligation to process such personal data and/or our need to process such personal data for the purpose of exercising our legitimate rights (including the legitimate rights of other persons). Data security Investimental attaches great importance to your personal data and is committed to ensuring its security throughout processing activities. To this end, Investimental implements appropriate technical and organizational measures to ensure a level of security appropriate to the risks associated with the types of data processed and the processing operations. You are responsible for maintaining the confidentiality of all authentication means (for example, username, passwords, etc.) used by you to access parts of the Investimental website. Data transmission over the internet is not completely secure. Although we do our best to protect your data, we cannot guarantee 100% the security of your data transmitted to our website; any transmission of personal data is at your own risk. After we receive your data, we will use strict security procedures to try to prevent unauthorized access. Data subject rights Under the conditions provided by the legislation on personal data processing, as a data subject you benefit from the following rights: the right to be informed, namely the right to receive details about the processing activities carried out by Investimental, as described in this document; the right of access to data, namely the right to obtain confirmation from Investimental as to whether personal data is being processed, as well as details regarding the processing activities; the right to rectification, namely the right to obtain from Investimental the rectification of inaccurate data, as well as the completion of incomplete data; the right to erasure of data (“the right to be forgotten”), insofar as the conditions provided by law are met – however, it is possible that, following an erasure request, Investimental will anonymize such data (thereby removing its personal nature) and will continue processing under these conditions for statistical purposes; the right to restriction of processing, insofar as the conditions provided by law are met; the right to data portability, namely (i) the right to receive personal data in a structured, commonly used, and machine-readable format, as well as (ii) the right for such data to be transmitted by Investimental to another data controller, insofar as the conditions provided by law are met; the right to object – regarding processing activities carried out for direct marketing purposes, including profiling activities, the right to object may be exercised at any time by submitting a request as indicated below; the right not to be subject to an automated individual decision, namely the right not to be subject to a decision based solely on automated processing activities; the right to withdraw your consent at any time, without affecting the lawfulness of processing carried out on the basis of consent before its withdrawal; the right to lodge a complaint with the National Supervisory Authority for Personal Data Processing or with the competent courts, as you consider necessary. Privacy of minors’ data The Investimental website does not knowingly collect personally identifiable information from persons under the age of 16. If a parent or legal guardian becomes aware that a minor in their custody has provided Investimental, through the website, with their personal data, they must inform Investimental immediately. If we discover that a person under the age of 16 has provided personal data through the website, we will destroy such information from our servers immediately, except where the parent or legal guardian gives explicit consent for Investimental to process the child’s personal data for the specified purposes. For more details regarding the processing activities carried out by Investimental, as well as the rights you benefit from in this context, please submit a request (in paper/electronic format via e-mail) to: gdpr@investimental.ro . Please do not disclose sensitive personal data (for example, information related to racial or ethnic origin, political opinions, religious beliefs or other beliefs, health, or trade union membership) when contacting us. Last updated: 12.04.2024. Note: We may periodically update this Policy and will notify you of any changes by posting the new version on the Investimental website. Please review the page dedicated to the Privacy Policy periodically to stay informed about any updates.
