Privacy policy

INFORMATION AND CONSENT ON THE PROCESSING OF PERSONAL DATA

1. OFS processes the data you provide to us directly, as well as the data that are subsequently generated and based on them, such as trading data, etc. The collection of your data is done when the contractual relationship with OFS starts. Given the specific nature of the activities carried out by OFS, the following personal data are processed:

   1. General identification data: name, surname, signature, date of birth, nationality;

   2. Contact details: home or residence, as applicable, e-mail address, telephone number;

   3. Data assigned by public authorities: Personal Identification Number or other similar unique identification number, serial number of the national identity document or of passport, as well as the copy of the national identity document or of passport;

   4. Professional data: profession, name of employer, position held, seniority at work, completed education;

   5. Data necessary to prevent money laundering and the source of funds;

   6. Data on the family situation: civil status, dependents, housing status, publicly exposed person / direct member / partner of a publicly exposed person.

2. The legal purposes and grounds based on which OFS processes the personal data belonging to the Client are as follows:

   1. to conclude and execute the contracts signed with the Client / data subject for: the development and management of the contractual relationship in order to provide the OFS Packages and Services, to send notifications regarding the contracted Package, etc.;

   2. to fulfill the legal obligations assumed by OFS and for reasons of major public interests in order to identify and know the clients so as to prevent frauds;

   3. to fulfill the legitimate interests of OFS while fulfilling the line of business, centralizing the operations and maintaining an internal database, performing a statistical analysis about the OFS's portfolio of clients, improving the Packages and services offered by optimizing the flows and internal procedures; the design, development, testing, implementing and use of own IT systems and resources, settlement of disputes, investigations or any other claims / complaints / requests OFS is involved in;

   4. based on the consent given by the Client / data subject / you for: direct marketing and commercial communications.

3. These principles apply if OFS processes personal data belonging to the legal or conventional representatives, contact persons, collaborators, employees or other natural persons designated by the contractual partners of OFS. These personal data are directly provided by the contractual partner in documents transmitted to OFS at the beginning of the contractual relations or during their performance. The legal purposes and grounds based on which OFS processes personal data belonging to the data subjects are as follows:

   1. to ulfill the legal obligations assumed by OFS for the performance of the contractual relationship (for the management of the inspections conducted by authorities, for carrying out the audits);

   2. to fulfill the legitimate interest of OFS while fulfilling its line of business.

4. In order to fulfill the processing purposes mentioned above, the personal data shall be processed during the contractual relationship with OFS and after they end, for a period of 10 years or for the timeframe required by the applicable legislation, including but not limited to the legal applicable minimum archiving timeframes and/or as much as necessary in order to exercise our legitimate rights.

5. For the fulfillment of the processing purposes, OFS may transmit – in total or in part – the categories of personal data to the following recipients:

   1. public supervisory institutions and public authorities (the National Agency for Fiscal Administration, the National Office for Prevention and Control of Money Laundering, etc.);

   2. bailiffs, notaries public, attorneys or external consultants who assist OFS in exercising and defending its rights before courts;

   3. institutions in charge with investigation and support in case of cybersecurity incidents;

   4. service providers: IT, archiving, courier, audit, appraisers, insurance companies, as applicable.

6. In order to fulfill the processing purposes mentioned above, OFS may transfer personal data inside the EU / EEA or outside the EU / EEA if the conditions set out in the GDPR are fulfilled and also pursuant to a decision made by the European Commission on the adequacy of the protection provided by the recipient country / countries. OFS may use the data as standard data protection provisions approved by the European Commission if the personal data are transferred to countries that do not provide an adequate level of protection.

7. Pursuant to the legislation regarding the processing of personal data, the Client has the right to receive information about the personal data processing activities carried out by OFS, as well as about the right of access to the personal data.

8. The Client has the right to rectify the data provided in the Contract by submitting a Data Rectification Form and he/she also has the obligation to notify OFS on any changes in his/her personal data. If the data we hold about you are inaccurate or incomplete, you have the right to rectify or complete them. OFS is not responsible for any loss or damage caused by any failure to notify OFS about changes in the Client’s personal data and by it acting on the basis of information provided in the Contract or in the personal data change sheet.

9. The Client has the right to obtain the deletion of his/her data if there are no longer any legitimate reasons to prevail regarding the processing, if the consent has been withdrawn or if the data are no longer necessary for the fulfillment of the purposes.

10. Pursuant to the personal data legislation, the Client is also granted the following rights:

    1. he right to restrict the processing;

    2. the right to object - you may request that we no longer process your personal data for reasons related to your particular situation and if the processing of your data is based on our legitimate interest. However, this right may be excluded for certain processing operations set out in the law (e.g. the processing operations conducted by financial and tax divisions, the police, justice, social security bodies);

    3. the right to data portability;

    4. the right not to be subject to a decision based solely on automated processing;

    5. the right to withdraw the consent;

    6. the right to file a complaint with the National Supervisory Authority for Personal Data Processing;

    7. the right to address the competent court.

11. In order to exercise one or more of the rights granted to the Client under the laws regarding the protection of personal data, you can address OFS by an e-mail sent to the address compliance@openfintechsolutions.ro or by a written dated and signed request sent to the headquarters in Bucuresti, Bd. Aviatorilor 33 C, Corp A, Et. 4, Sector 1.

12. The provision of my personal data is voluntary, the lack of data provision leads to the impossibility of providing the service and/or the fulfillment of the other processing purposes by OFS.

13. I hereby state that I have been informed that my personal data shall be processed for the performance of the Contract or for actions to be taken upon request, prior to the conclusion of the contract, as well as for the sale of the Packages and services offered by OFS. Moreover, I hereby state that I have been informed that OFS is the Data Controller and I have been informed of the recognized rights of the data subject.

14. I hereby give my consent to receive direct marketing communications, advertising and any other commercial information by electronic means of communication (including by telephone) from OFS.

15. The consent has been given voluntarily, it is freely expressed and can be withdrawn at any time in writing by a notice sent to the email address compliance@openfintechsolutions.ro.

16. I have understood this statement of consent and I do agree to the processing of my personal data through the above channels for the purposes described herein.