We, FintechXpress Service SL, together with our subsidiaries (hereinafter jointly referred to as “the company“, “we” or “us“) take the protection of your personal data seriously and would like to inform you here about data protection in our company.
As part of our responsibility under data protection law, additional obligations have been imposed on us by the entry into force of the EU General Data Protection Regulation (Regulation (EU) 2016/679; hereinafter: “GDPR”) in order to ensure the protection of personal data of the person affected by processing (we also refer to you as the data subject hereinafter as “customer“, “user“, “you“, “you” or “data subject“).
Insofar as we decide either alone or jointly with others on the purposes and means of data processing, this includes above all the obligation to inform you transparently about the type, scope, purpose, duration and legal basis of the processing (cf. Art. 13 and 14 GDPR). With this declaration (hereinafter: “Privacy Policy“), we inform you about the way in which your personal data is processed by us.
Our Privacy Policy has a modular structure. They consist of a general section for all processing of personal data and processing situations that apply each time a website is accessed (A. General) and a special section, the content of which relates only to the processing situation specified there with the designation of the respective offer or product, in particular the visit to websites described in more detail here (B. Visit to websites).
A. General information
(1) Definitions
Following the example of Art. 4 GDPR, this data protection notice is based on the following definitions:
• “Personal data” (Art. 4 No. 1 GDPR) means any information relating to an identified or identifiable natural person (“data subject”). A person is identifiable if they can be identified directly or indirectly, in particular by reference to an identifier such as a name, an identification number, an online identifier, location data or information relating to their physical, physiological, genetic, mental, economic, cultural or social identity. Identifiability can also be achieved by linking such information or other additional knowledge. The origin, form or embodiment of the information is irrelevant (photos, video or audio recordings can also contain personal data).
• “Processing” (Art. 4 No. 2 GDPR) means any operation which is performed on personal data, whether or not by automated means (i.e. using technical specifications). This
includes, in particular, the collection (i.e. acquisition), recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction of personal data, or alteration of the purposes for which they were originally processed.
• “Controller” (Art. 4 No. 7 GDPR) means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
• A “third party” (Art. 4 No. 10 GDPR) is any natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or processor, are authorised to process the personal data; this also includes other legal entities belonging to the group.
• A “processor” (Art. 4 No. 8 GDPR) is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller, in particular in accordance with the controller’s instructions (e.g. IT service provider). In terms of data protection law, a processor is in particular not a third party.
• “Consent” (Art. 4 No. 11 GDPR) of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
(2) Name and address of the controller
We are the controller responsible for the processing of your personal data within the meaning of Art. 4 No. 7 GDPR:
FintechXpress Service SL
3 Avenida de Valencia 24 Bloque B
Ingenio 35250
Las Palmas – Gran Canary
Spain
e-mail: contact@fintechxpress.com
For further information about our company, please refer to the legal notice information on our website https://fintechxpress.com/legal.html .
(3) Legal basis for data processing
In principle, any processing of personal data is prohibited by law and is only permitted if the data processing falls under one of the following justifications:
• Art. 6 para. 1 sentence 1 lit. a GDPR (“consent”): If the data subject has voluntarily, in an informed and unambiguous manner, by means of a statement or other unambiguous affirmative act, indicated that they consent to the processing of personal data concerning them for one or more specific purposes;
• Art. 6 para. 1 sentence 1 lit. b GDPR: If the 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;
• Art. 6 para. 1 sentence 1 lit. c GDPR: If processing is necessary for compliance with a legal obligation to which the controller is subject (e.g. a legal obligation to retain data);
• Art. 6 para. 1 sentence 1 lit. d GDPR: If processing is necessary in order to protect the vital interests of the data subject or another natural person;
• Art. 6 para. 1 sentence 1 lit. e GDPR: If the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller, or
• Art. 6 para. 1 sentence 1 lit. f GDPR (“Legitimate interests”): If the processing is necessary for the purposes of the legitimate (in particular legal or economic) interests pursued by the controller or by a third party, except where such interests are overridden by the interests or rights of the data subject (in particular where the data subject is a minor).
For the processing operations we carry out, we indicate the applicable legal basis in each case below. Processing can also be based on several legal bases.
(4) Data erasure and storage duration
For the processing operations carried out by us, we indicate below how long the data is stored by us and when it is deleted or blocked. Unless an explicit storage period is specified below, your personal data will be deleted or blocked as soon as the purpose or legal basis for storage no longer applies. Your data will only be stored on our servers in Germany, subject to any disclosure in accordance with the provisions in A.(6) and A.(7).
However, data may be stored beyond the specified period in the event of an (impending) legal dispute with you or other legal proceedings or if storage is provided for by legal regulations to which we as the controller are subject. If the storage period prescribed by the statutory provisions expires, the personal data will be blocked or deleted unless further storage by us is necessary and there is a legal basis for this.
(5) Data security
We use suitable technical and organisational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorised access by third parties (e.g. TLS encryption for our website), taking into account the state of the art, the implementation costs and the nature, scope, context and purpose of the processing as well as the existing risks of a data breach (including its probability and effects) for the data subject. Our security measures are continuously improved in line with technological developments.
(6) Cooperation with processors
As with any large company, we also use external domestic and foreign service providers to process our business transactions (e.g. for IT, logistics, telecommunications, sales and marketing). These service providers only act in accordance with our instructions and are contractually obliged to comply with data protection regulations in accordance with Art. 28 GDPR.
If your personal data is passed on by us to our subsidiaries or is passed on to us by our subsidiaries (e.g. for advertising purposes), this is done on the basis of existing order processing relationships.
(7) Requirements for the transfer of personal data to third countries
As part of our business relationships, your personal data may be passed on or disclosed to third-party companies. These may also be located outside the European Economic Area (EEA), i.e. in third countries. Such processing takes place exclusively to fulfil contractual and business obligations and to maintain your business relationship with us (legal basis is Art. 6 para. 1 lit. b or lit. f in each case in conjunction with Art. 44 ff. GDPR). We will inform you about the respective details of the transfer at the relevant points below.
The European Commission certifies that some third countries have a level of data protection comparable to the EEA standard by means of so-called adequacy decisions (a list of these countries and a copy of the adequacy decisions can be found here: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data
protection/adequacy-decisions_en). In other third countries to which personal data may be transferred, however, there may not be a consistently high level of data protection due to a lack of legal provisions. If this is the case, we ensure that data protection is adequately guaranteed. This is possible via binding corporate rules, standard contractual clauses of the European Commission for the protection of personal data in accordance with Art. 46 para. 1, 2 lit. c GDPR, certificates or recognised codes of conduct.
(8) No automated decision-making (including profiling)
We do not intend to use personal data collected from you for automated decision-making (including profiling).
(9) No obligation to provide personal data
We do not make the conclusion of contracts with us dependent on you providing us with personal data beforehand. As a customer, you are under no legal or contractual obligation to provide us with your personal data; however, we may only be able to provide certain services to a limited extent or not at all if you do not provide the necessary data. If this should exceptionally be the case within the scope of the products presented below and offered by us, you will be informed of this separately.
(10) Legal obligation to transmit certain data
We may be subject to a special legal or statutory obligation to provide the lawfully processed personal data to third parties, in particular public authorities (Art. 6 para. 1 sentence 1 lit. c GDPR).
(11) Your rights
You can assert your rights as a data subject with regard to your processed personal data at any time by contacting us using the contact details provided at the beginning under A.(2). As the data subject, you have the right to
• In accordance with Art. 15 GDPR, you have the right to request information about your data processed by us. In particular, you can request information about the purposes of processing, the category of data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right of appeal, the origin of your data if it was not collected by us, as well as the existence of automated decision-making including profiling and, if applicable, meaningful information on its details;
• In accordance with Art. 16 GDPR, you have the right to demand the immediate correction of incorrect data or the completion of your data stored by us;
• In accordance with Art. 17 GDPR, you have the right to demand the deletion of your data stored by us, unless the processing is necessary for the exercise of the right to freedom of expression and information, for the fulfilment of a legal obligation, for reasons of public interest or for the assertion, exercise or defense of legal claims;
• to demand the restriction of the processing of your data in accordance with Art. 18 GDPR, insofar as the accuracy of the data is disputed by you or the processing is unlawful;
• In accordance with Art. 20 GDPR, you have the right to receive your data that you have provided to us in a structured, commonly used and machine-readable format or to request that it be transmitted to another controller (“data portability”);
• In accordance with Art. 21 GDPR, you have the right to object to the processing if the processing is based on Art. 6 para. 1 sentence 1 lit. e or lit. f GDPR. This is particularly the case if the processing is not necessary for the fulfilment of a contract with you. If it is not an objection to direct advertising, we ask you to explain the reasons why we should not process your data as we have done when exercising such an objection. In the event of your justified objection, we will examine the situation and either discontinue or adapt the data processing or point out to you our compelling reasons worthy of protection on the basis of which we will continue the processing;
• In accordance with Art. 7 para. 3 GDPR, you have the right to withdraw your consent once given to us (even before the GDPR came into force, i.e. before 25 May 2018) – i.e. your voluntary, informed and unequivocal consent to the processing of the personal data concerned for one or more specific purposes, if you have given such consent – at any time by means of a declaration or other unambiguous confirmatory act. The consequence of this is that we may no longer continue the data processing based on this consent in the future and
• in accordance with Art. 77 GDPR, to complain to a data protection supervisory authority about the processing of your personal data in our company, for example to the data protection supervisory authority responsible for us:
Personal Data Protection Commission of the Republic of Bulgaria
2 Prof. Tsvetan Lazarov Blvd.
Sofia 1592, Bulgaria
Email: kzld@cpdp.bg
(12) Changes to the Privacy Policy
As part of the ongoing development of data protection law and technological or organisational changes, our Privacy Policy is regularly reviewed to determine whether it needs to be amended or supplemented. You will be informed of any changes, in particular on our website.
B. Visiting our website
(1) Explanation of the function
Information about our company and the services we offer can be found in particular at https://fintechxpress.com together with the associated subpages (hereinafter collectively referred to as “websites”). When you visit our websites, your personal data may be processed.
(2) Processed personal data
We collect, store and process the following categories of personal data when you use the website for information purposes:
“Log data”: When you visit our websites, a so-called log data record (so-called server log files) is stored temporarily and anonymised on our web server. This consists of:
• the page from which the page was requested (so-called referrer URL) • the name and URL of the requested page
• the date and time of the call
• description of the type, language and version of the web browser used • the IP address of the requesting computer, which is shortened in such a way that a personal reference can no longer be established
• the amount of data transferred
• the operating system
• the message whether the call was successful (access status/Http status code) • the GMT time zone difference
“Contact form data”: When contact forms are used, the data transmitted through them is processed (e.g. gender, surname and first name, address, company, email address and the time of transmission).
(3) Purpose and legal basis of data processing
We process the personal data specified above in accordance with the provisions of the GDPR, the other relevant data protection regulations and only to the extent necessary. Insofar as the processing of personal data is based on Art. 6 para. 1 sentence 1 lit. f GDPR, the purposes mentioned also represent our legitimate interests.
The processing of log data serves statistical purposes and to improve the quality of our website, in particular the stability and security of the connection (legal basis is Art. 6 para. 1 sentence 1 lit. a or lit. f GDPR).
The processing of contact form data is carried out to process customer enquiries (legal basis is Art. 6 para. 1 sentence 1 lit. b or lit. f GDPR).
(4) Duration of data processing
Your data will only be processed for as long as is necessary to fulfil the above-mentioned processing purposes; the legal bases specified in the context of the processing purposes apply accordingly. With regard to the use and storage duration of cookies, please refer to point A.(4).
Third parties engaged by us will store your data on their system for as long as is necessary in connection with the provision of the services for us in accordance with the respective order.
You can find more details on the storage period under A.(4).
(5) Transfer of personal data to third parties; basis for justification
The following categories of recipients, which are usually processors (see A.(6)), may have access to your personal data:
• We use data processing service providers for the operation of our website and the processing of data stored or transmitted by the systems (e.g. for data centre services, payment processing, IT security). The legal basis for the transfer is then Art. 6 para. 1 sentence 1 lit. b or lit. f GDPR, insofar as these are not processors;
• Government bodies/authorities, insofar as this is necessary to fulfil a legal obligation. The legal basis for the transfer is then Art. 6 para. 1 sentence 1 lit. c GDPR;
• Persons engaged to carry out our business operations (e.g. auditors, banks, insurance companies, legal advisors, supervisory authorities, parties involved in company acquisitions or the establishment of joint ventures). The legal basis for the disclosure is then Art. 6 para. 1 sentence 1 lit. b or lit. f GDPR.
For guarantees of an adequate level of data protection when transferring data to third countries, see A.(7).
In addition, we will only pass on your personal data to third parties if you have given your express consent in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR.
(6) Use of cookies, plugins and other services on our website
a) Cookie
We use cookies on our websites. Cookies are small text files that are assigned to the browser you are using and stored on your hard drive by means of a characteristic string of characters and through which certain information flows to the location that sets the cookie. Cookies cannot execute programmes or transfer viruses to your computer and therefore cannot cause any damage. They serve to make the website more user-friendly and effective overall, i.e. more pleasant for you.
Cookies can contain data that makes it possible to recognise the device used. In some cases, however, cookies only contain information on certain settings that are not personally identifiable. However, cookies cannot directly identify a user.
A distinction is made between session cookies, which are deleted as soon as you close your browser, and permanent cookies, which are stored beyond the individual session. In terms of their function, a distinction is made between cookies:
• Technical cookies: These are strictly necessary to move around the website, use basic functions and ensure the security of the website; they do not collect information about you for marketing purposes or store which websites you have visited;
• Performance cookies: These collect information about how you use our website, which pages you visit and, for example, whether errors occur when using the website; they do not collect any information that could identify you – all information collected is anonymous and is only used to improve our website and to find out what interests our users;
• Advertising cookies, targeting cookies: These are used to offer the website user customised advertising on the website or offers from third parties and to measure the effectiveness of these offers; advertising and targeting cookies are stored for a maximum of 13 months;
• Sharing cookies: These are used to improve the interactivity of our website with other services (e.g. social networks); sharing cookies are stored for a maximum of 13 months.
The legal basis for cookies that are absolutely necessary to provide you with the expressly requested service is Art. 6 para. 1 sentence 1 lit. b GDPR. Any use of cookies that is not absolutely technically necessary for this purpose constitutes data processing that is only permitted with your express and active consent in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR. This applies in particular to the use of performance, advertising, targeting or sharing cookies; in addition, we will only pass on your personal data processed by cookies to third parties if you have given your express consent in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR.
Status of the Privacy Policy: 04.06.2024