Privacy Policy

1. Personal Data Protection Policy

The Bank shall process and store the personal data of natural persons acting as account holder(s), authorised persons and representatives under the agreement by automated means. The data processed shall include any information obtained in connection with requests for information prior to entering into the agreement, the execution of this agreement or any related transactions, as well as any data to which the Bank gains access as a result of the performance of the agreements, or which is generated through automated processing of data already recorded, insofar as such data is necessary for the development, administration and maintenance of the contractual relationship and for the execution and management of the transactions arising therefrom. The Bank is authorised to process such data in order to comply with its obligations under Spanish and European legislation.

The account holder(s) (hereinafter referred to as the Client) warrant that the information provided at all times is accurate and undertake to promptly inform the Bank of any changes thereto.

All personal data requested in connection with this document is mandatory. Therefore, if such data is not provided, the Bank may be unable to perform the purpose of this document and/or may terminate its relationship with the account holder(s).

2. Who Is Responsible for the Processing of Your Personal Data?

Banco Finantia S.A Sucursal en España (hereinafter referred to as “BFS” or the Bank), with its registered office at Avenida Menéndez Pelayo 67, 28009 Madrid, Spain.

Email address:
atencionalcliente@finantia.com

3. Who Is BFS’s Data Protection Officer and How Can You Contact Them?

The Data Protection Officer (DPO) is the person responsible for safeguarding the fundamental right to the protection of personal data within BFS and for ensuring compliance with data protection legislation.

You may contact BFS’s Data Protection Officer at the following email address:

dpobfs@finantia.com

4. What Do We Use Your Personal Data For and What Is the Legal Basis for Processing It?

Based on a pre-contractual or contractual relationship, to manage the products and services that you hold, request or contract with BFS.

Furthermore, BFS may share your data within the Finantia Group to which it belongs, for the management of the contractual relationship. Information regarding the Finantia Group companies is available on the corporate website www.finantia.com.

To comply with a legal obligation.

  • BFS must also comply with legal obligations imposed by law, including Law 10/2010 on the Prevention of Money Laundering and Terrorist Financing; Law 44/2002 on the Reform of the Financial System; Law 10/2014 on the Regulation, Supervision and Solvency of Credit Institutions; regulations relating to MiFID and FATCA; as well as the applicable legislation on personal data protection.
  • CIRBE Reporting: The Bank will provide to, and obtain from, the Credit Risk Information Centre of the Bank of Spain (CIRBE) information relating to the risks arising from banking transactions carried out with its clients, together with their personal data.
  • Financial Ownership Register: The Bank is required to report monthly to the Financial Ownership Register the opening or closing of any current accounts, savings accounts, securities accounts or term deposits, as well as any changes thereto. Consequently, your identification data will form part of this register. The controller of this register is the State Secretariat for Economy and Business Support.
  • The Bank may at any time request confirmation of account ownership details from other credit institutions from which the funds deposited with the Bank originate, in order to carry out the customer due diligence measures required under Law 10/2010 of 28 April on the Prevention of Money Laundering and Terrorist Financing, as well as in relation to any other account that the Client may expressly designate to the Bank for this purpose during the business relationship. The Bank may also consult the Beneficial Ownership Register maintained by the General Council of Notaries.
  • General Treasury of the Social Security System: In order to carry out its due diligence obligations, applicable legislation requires financial institutions to obtain information regarding their clients’ economic activity and to verify such information. For this exclusive purpose, the Bank will request such confirmation and information from the General Treasury of the Social Security System (TGSS).
  • The Bank will record, register and retain, in electronic records or any other appropriate medium, all instructions sent by the Client or communications maintained between the Client and the Bank (by telephone, electronic means, email, online services, SMS or any other communication channels that may be established in the future) for internal record-keeping purposes, verification of transactions carried out and instructions received, and, where required by law, such records may be used as evidence in legal proceedings if necessary.

Based on the legitimate interests of Banco Finantia S.A Sucursal en España:

  • At BFS, we will process your data for the purpose of carrying out marketing activities, both general and tailored to your commercial profile, in order to offer you products or services of the Bank similar to those you have already contracted. Marketing communications may be conducted through any channel, including electronic means (email, fax, SMS, mobile applications, etc.).
  • In the event of non-payment by you, such information may be disclosed to creditworthiness and solvency agencies (ASNEF-EQUIFAX), in accordance with the procedures and safeguards established under the legislation in force at any given time. The legitimate interest of BFS is to maintain adequate control and prevention of default situations, thereby contributing to the protection of the financial system and the economy in general by enabling third parties to access solvency information when assessing applicants for credit or risk transactions.
  • At BFS, we will process and/or disclose your data to third parties, whether or not they belong to the Finantia Group, for the prevention, investigation and/or detection of fraud. The legitimate interest of BFS is to identify participants in fraudulent activities and take any actions deemed necessary.
  • Management and monitoring of judicial, pre-judicial, administrative or arbitration proceedings affecting the Bank, including the management and handling of notices and requests from Public Authorities (e.g. attachment orders), as well as proceedings initiated against a Client of the Bank or against the Bank itself. BFS may share your data within the Finantia Group for purposes related to legal obligations, supervision and administrative, tax or organisational management.
  • Verification of Personal Income Tax Returns(IRPF): Where applicable, BFS may consult information available through the Spanish Tax Agency website to verify that the tax return submitted corresponds to the authentic declaration.
  • Employment Record Verification: In connection with certain applications, the Bank may request evidence of your employment history. Information obtained from the General Treasury of the Social Security System will be used exclusively for the above-mentioned purpose.

These legitimate interests respect your rights to personal data protection, honour, and personal and family privacy. At BFS, we consider that the legitimate business interest in promoting and expanding its activities through the offering of new banking products or services may never, under any circumstances, prevail over your rights.

You may object to any of the above processing activities based on legitimate interest and, where applicable, exercise your right not to be subject to a decision based solely on automated processing. To do so, you must contact the Data Protection Officer and explain the reasons for your objection.

Based on your explicit consent:

  • BFS will process your data for the purpose of sending commercial communications, including by electronic means, regarding our products and/or services, even after the business relationship has ended.
  • BFS will process the data provided by prospective clients in order to properly manage requests for information or product applications and to avoid duplication of procedures in the event of subsequent requests.
  • At BFS, we will process your data for the purpose of enabling your participation in a recruitment and selection process where you have authorised us to do so.
  • At BFS, we will process your image for the purpose of conducting a facial recognition procedure when you choose to complete an online account opening process (onboarding).

You may refuse the use of your data for these purposes at the time of entering into a relationship with the Bank or at any later time through the channels indicated in the section relating to the exercise of rights.

BFS informs you that, in the development, maintenance, performance, monitoring and control of the pre-contractual or contractual relationship between the account holder(s) and the Bank that may be established pursuant to this document, including, among others, transfer orders, payment service providers and related technology service providers to whom data may be disclosed in order to carry out transactions and fulfil legal obligations, the Bank may be required to provide certain tax-relevant information and anti-money laundering information to authorities or official bodies in other countries, whether inside or outside the European Union (and therefore, in the latter case, such countries may not always provide a level of protection equivalent to that established under Spanish legislation).

5. How Long Will Banco Finantia S.A Sucursal en España Retain Your Data?

We will retain your personal data for the duration of the contractual relationship. Applications for transactions that are not ultimately completed, as well as data collected in recruitment and selection processes, will be retained by BFS for a maximum period of 12 months, unless a different period is agreed within the application itself, in order to avoid duplication in the event of future applications.

Where we have obtained your explicit consent, we will process your data for the period during which such data must be retained in accordance with Anti-Money Laundering regulations or, where applicable, until you exercise your rights, for the purpose of sending commercial information that may be of interest to you regarding banking products and services offered by the Bank. You may withdraw your consent at any time.

Once your contracts have ended, BFS will keep your personal data blocked for the legally required limitation periods. As a general rule, data will be retained for 10 years in accordance with regulations on the prevention of money laundering and terrorist financing. After this period has elapsed, your data will be securely deleted.

6. To Whom Will We Disclose Your Data?


We will not disclose your personal data to third parties unless we are required to do so by law or unless you have previously agreed to such disclosure with BFS. BFS may share your data within the Finantia Group to which it belongs for purposes relating to legal obligations, supervision, and administrative, tax or organisational management. Certain processing activities involving your personal data may be carried out jointly by Banco Finantia, S.A. (the parent company) and Banco Finantia S.A Sucursal en España, due to the existence of a common organisational and operational structure in the provision of banking services. The purpose of this arrangement is to simplify and enhance the efficiency of the services provided to clients, as well as to ensure compliance with the legal and regulatory obligations to which both entities are subject. In this context, both entities jointly determine the purposes and means of processing related, among other matters, to customer and financial services management, regulatory compliance, anti-money laundering measures, regulatory reporting, and systems and security management, acting as joint controllers in accordance with data protection legislation. To this end, both entities have entered into a joint controllership agreement that transparently defines their respective responsibilities regarding compliance with data protection obligations. Data subjects may exercise the rights granted under data protection legislation against either of the joint controllers. In order to provide you with the appropriate service and manage the relationship we maintain with you as a client, we set out below a list of categories of companies that may process data on behalf of BFS as part of the services we have engaged them to provide:

Services

Telecommunications Services

Financial Services, Banking and Non-Banking Services, and Other Activities Auxiliary to Financial Services.

Audit and Consulting Services

Trusted Third-Party Services

Contact Centre Services

Back-Office Services

Postal, Distribution and Courier Services

Advertising and Communication Services

Direct Debit Collection Services

Debt Recovery and Litigation Services

Physical Security Services

Maintenance Services

Printing and Envelope Insertion Services

Archiving, Custody, Storage and Digitisation Services

Document Collection and Destruction Services

IT Services

Technology Platform Services, Hosting Services, Data Processing Services, Architecture and Engineering Services, Backup Services, Business Continuity Services, IT Consulting Services, Security and Cybersecurity Services, and Other Information Technology and Computing-Related Services.

Services Provided in Spain and, in Certain Cases, within the European Union.

7. What Are Your Rights When You Provide Us with Your Data?

Rights

Content

Acces

You may access your personal data contained in BFS’s files.

Rectification

You may update or correct your personal data when it is inaccurate.

Erasure

You may request the deletion of your personal data in the following circumstances:

  • The data is no longer necessary for the purposes for which it was collected.
  • The data subject withdraws consent and there is no legal basis requiring its retention.
  • The data has been processed unlawfully.
  • The data must be deleted in order to comply with a legal obligation applicable to the data controller.
  • The data was collected in connection with the offering of information society services to minors.

The above shall not apply where processing is necessary:

  • To exercise the right to freedom of expression and information.
  • To comply with a legal obligation.
  • For archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes.
  • For the establishment, exercise or defence of legal claims.

Objection

You may request that your personal data not be processed, unless there are compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or where the processing is necessary for the establishment, exercise or defence of legal claims.

Restriction of Processing

You may request the restriction of the processing of your personal data in the following circumstances:

  • While the accuracy of your personal data is being verified following your challenge of its accuracy.
  • Where the processing is unlawful, but you oppose the erasure of your personal data.
  • Where BFS no longer needs your personal data for processing purposes, but you require it for the establishment, exercise or defence of legal claims.
  • Where you have objected to the processing of your personal data for the performance of a task carried out in the public interest or for the purposes of legitimate interests, pending verification as to whether the legitimate grounds for processing override your own.

Portability

The data subject shall have the right to receive the personal data that he or she has provided in a structured, commonly used and machine-readable format, and to transmit those data to another controller where:

  • The processing is based on the data subject’s consent (including where explicit consent has been given for the processing of special categories of personal data) or where the processing is necessary for the performance of a contract to which the data subject is a party, or in order to take steps at the request of the data subject prior to entering into a contract.
  • The processing is carried out by automated means.

The data subject may request the controller to transmit the data directly to another controller where this is technically feasible.

This right shall not adversely affect the rights and freedoms of others.

Personal data directly provided by the Client, as well as data generated through the Client’s use of the service, may be transferred.

Data that has not been provided by the Client and has instead been inferred, derived or created by the controller on the basis of the analysis of raw data shall not be subject to portability.

The exercise of this right may be considered excessive or repetitive where it is exercised more than three times during the previous six-month period.

You may exercise your rights, which will be addressed following verification of your identity, by submitting a request together with a copy of your National Identity Document (DNI) (showing only the information strictly necessary for identification) or an equivalent identity document, a request signed with a qualified electronic signature, or from the email address designated in the contractual documentation, to any of the following:

  • derechosprotecciondatos@finantia.com
  • For the attention of: Customer Service Department
    Banco Finantia S.A Sucursal en España
    Avenida Menéndez Pelayo, 67
    28009 Madrid
  • Any branch office of the Bank

You may withdraw your consent at any time without affecting the lawfulness of any processing carried out on the basis of the consent previously provided, nor any subsequent processing of such data that is based on another legal ground, such as the performance of a contract or compliance with a legal obligation applicable to BFS. To withdraw your consent, you must submit your request through the channels indicated above, together with the documentation required for identification as described previously, except in the case of advertising or promotional communications, for which a specific withdrawal mechanism will be provided.

If you consider that we have not processed your data in accordance with applicable legislation, you may submit a request to the Bank’s Data Protection Officer.

Data Protection Officer: Banco Finantia S.A Sucursal en España

Email contact: dpobfs@finantia.com

Notwithstanding the above, you may lodge a complaint with the Spanish Data Protection Agency.

Complaints to the Data Protection Officer / Supervisory Authorities

Before submitting a complaint to the Spanish Data Protection Agency, an Independent Administrative Authority, or where applicable to regional supervisory authorities (Supervisory Authority), the Client may first submit the complaint to the Data Protection Officer of Banco Finantia S.A Sucursal en España.

Spanish Data Protection Agency

C/ Jorge Juan, No. 6
28001 Madrid