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PRIVATE CONSULTING GROUP, s.r.o.

Information on personal data protection

(information memorandum on the processing of personal data of clients, the processing of personal data for marketing purposes and for the protection of property and security and for other purposes of processing)

The company PRIVATE CONSULTING GROUP, s.r.o., with registered seat at Žižkova 9, 811 02 Bratislava – city borough Staré Mesto,Slovak Republic , Company ID (IČO): 46 931 970, recorded in the Commercial Registry of District Court Bratislava I, division: Sro, file no.: 86764/B (hereinafter only the “ Controller” or the “ Company ”) processes your personal data and does so for the purposes and on the legal basis set out below in this information memorandum. In this information memorandum you will also find more detailed information on the processing of your personal data as well as information on your rights as a data subject, which you have in accordance with Act No. 18/2018 Coll. on the Protection of Personal Data and on changes and supplements to certain acts, as amended (hereinafter referred to as the “Personal Data Protection Act”) and Regulation (EU) no. 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the “GDPR”).

Our Company is a Controller of your personal data, which means that our Company determines the purposes and means of processing your personal data.

1. CONTACT DATA FOR OUR COMPANY

Commercial name: PRIVATE CONSULTING GROUP, s.r.o.

Address: Žižkova 9, 811 02 Bratislava – city borough Staré Mesto

Email: info@privateconsultinggroup.sk

Telephone: +421 2 2066 4447

2.WHAT KIND OF PERSONAL DATA WE PROCESS

    1. Common personal data: Our Company, as a Controller, processes the following personal data, which you provide to us by filling out, in particular, an application on opening an account, filling in forms on our website or other means, in particular:

      1. identification data (in particular name, surname, title, date of birth, social security number, data from other identity cards, nationality, client number, product number);

      2. contact data (in particular permanent residence or temporary address, e-mail address, telephone number);

      3. sociodemographic data (in particular age, sex, marital status, education, income information, information on current and former occupation in relation to a politically exposed person, risk profile);

      4. economic data (in particular data on property rights to movable or immovable property, data on debts, data on investment shares);

      5. transaction data (in particular data on transactions, accounts, payees and senders);

      6. data necessary for the use of electronic services (in particular an IP address, data on the software, browser and device used, cookies);

      7. video and audio recordings (in particular recordings made by CCTV camera systems);

      8. other relevant data (in particular data on execution proceedings, bankruptcy proceedings, personal bankruptcies, data related to the fulfilment of your contractual obligations and commitments, data on your payment discipline).

    1. Special categories of personal data : Our Company, as a Controller, does not process any special categories of personal data (sensitive data). Special categories of personal data are those that reveal racial or ethnic origin, political opinions, religious or philosophical convictions or trade union membership, genetic data, biometric data for individual identification of a data subject, data related to health or sex or data related to sexual orientation of the data subject. If a requirement arises for the processing of a specific category of your personal data, we will either request your explicit consent or we will process the personal data in question on another relevant legal basis.

3. PURPOSES OF PROCESSING PERSONAL DATA (WHY WE HAVE YOUR PERSONAL DATA) AND THE LEGAL FOUNDATION FOR THEIR PROCESSING (ON WHAT BASIS DO WE HAVE YOUR PERSONAL DATA)

    1. Personal data for a given purpose : When providing our services, we always process your personal data for a specific predetermined purpose, and each purpose for processing requires only some of your personal data. On the other hand, if the relevant personal information necessary for the purpose is not provided, our Company will not be able to provide you with our services or only be able to provide them to a very limited range, which in the end may not be desirable by for you. We are also obligated to process some personal information about you based on specific regulations that apply to our Company in relation to the nature of the services our Company provides, in particular the following legal provisions:

      1. Act No. 186/2009 Coll. on Financial Intermediation and on Financial Advisory Services and on changes and supplements to certain acts, as amended;

      2. Act No. 566/2001 Coll. on Securities and Investment Services and on changes and supplements to certain acts (the Securities Act), as amended;

      3. Act No. 297/2008 Coll. on Prevention of Legalization of Proceeds of Criminal Activity and Terrorist Financing and on changes and supplements to certain acts, as amended;

      4. Act No. 203/2011 Coll. on Collective Investment, as amended,

      5. DIRECTIVE 2014/65/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 May 2014 on markets in financial instruments,

      6. Regulation (EU) No 600/2014 of the European Parliament and of the Council of 15 May 2014 on markets in financial instrument.

      7. Act No. 595/2003 Coll. on Income Tax, as amended,

      8. Act No. 359/2015 Coll. on the Automatic Exchange of Information on Financial Accounts for Tax Administration and on changes and supplements to certain acts .

    1. Purposes of processing and the relevant legal basis : We process your personal data for the following purposes and on the following legal bases:

Purpose of processing:

Legal basis for processing:

Provision of services to Company clients – the processing of personal data of former, current and potential clients for the purpose of providing financial services, which are among the primary activities of our Company

Processing personal data for the purposes of fulfilling a contract and as part of measures needed before concluding a contract

Marketing purposes – mainly the sending of newsletters, assessment of client satisfaction, sending offers for the products and services offered by our Company and for the products and services of companies and partners of the Group

Consent with the processing of personal data

Legitimate interest

Accounting purposes – the processing of personal data of the Company’s business partners and subcontractors, which are natural persons, including contact details of business partners and subcontractors for the purpose of conducting contractual and business relations

Processing personal data for the purposes of fulfilling a contract and as part of measures needed before concluding a contract

Application of legal claims – the processing of personal data for the purpose of application of the Company’s legal claims in judicial, extrajudicial, arbitration, administrative, execution, bankruptcy and restructuring proceedings

Processing of personal data on the basis of a legitimate interest

Identification and contact data – these are basic contact data of representatives of legal entities and other natural persons, which we acquire from publicly available sources for this purpose, from these persons personally and from other persons

Processing of personal data on the basis of a legitimate interest

Protection of property and security – the processing of personal data of clients and other data subjects using CCTV systems for the purposes of protecting the Company’s property, for Company security and for the security of data subjects in the internal and external spaces of our Company

Legitimate interest

Black list – the processing of personal data of legal entities and other natural persons with whom the Company will not enter into a contractual relationship

Legitimate interest

    1. Processing of personal data on the basis of a legitimate interest : The GDPR of our Company as a Controller allows us to process personal data even without our Company being granted consent to the processing of such personal data or so that our Company processes personal data on a legal basis other than the performance of a contract or fulfilment of obligations under a special Act. According to Art. 6 par. 1, lett. f) of the GDPR, our Company is also authorized to process personal data based on a legitimate interest.

    1. Specific purposes for processing on the basis of a legitimate interest : Regarding such processing of personal data on the basis of a legitimate interest, according to 6 par. 1, lett. f) of the GDPR, you have the right to object, and details of the mentioned right are also given in point 1.13.6 below. If you exercise the right to object to a particular processing, our Company cannot further process personal data, unless it demonstrates that the essential legitimate reasons for our Company to process the outweigh your interests, rights and freedoms, or unless our Company demonstrates the reasons for proving, applying or defending legal claims. If you object to the processing of your personal data based on a legitimate interest specifically for the purposes of direct marketing, our Company will stop processing your personal data for that purpose.

      1. Legitimate interest for marketing purposes: The legitimate interest of our Company for processing your personal data (especially title, name, surname, address and email) for marketing purposes (sending newsletters, assessing client satisfaction, sending offers for the products and services offered by our Company and for the products and services of the companies and partners of the Group) consist in the fact that by promoting our Company's services and products to our current and former clients the development and growth of our Company will be provided, and by communicating with our former and current clients in the scope of feedback, our Company is able to identify ways of improving our services and products and addressing any deficiencies. Our Company has a strong interest in providing our clients with the best and highest quality services and products possible; therefore, it is our legitimate interest to use the basic contact information of our former and current clients to send us information about our services and products while also receiving continuous feedback from them through communicating with them. This is all but essential for the proper functioning and development of our Company, because in today’s modern world every company working on the market attempts to stay in regular contact with its clients.

      1. Legitimate interest for CCTV monitoring : Our Company has a legitimate interest in monitoring through CCTV our internal and external premises, within which our Company operates and provides its services. This is an important interest of our Company to ensure the protection of our Company’s assets, the operation of our Company and public order, while also ensuring the security of our clients and other natural persons. The use of CCTV also serves the purpose of detecting and monitoring criminal acts, determining their offenders and searching for them, especially for the reason of protection against money laundering and financing terrorism, uncovering illicit financial operations for the purposes of legal proceedings, criminal proceedings and offenses.

4.RECIPIENTS OR CATEGORIES OF RECIPIENTS OF PERSONAL DATA

    1. List of recipients of personal data : Your personal data may be provided to the following recipients:

      1. Auditors and tax advisors in the case of performing an audit or advisory services for the Company;

      2. banks and their branches if the client is required, in relation to the services and products provided by our Company, to provide the services of banks (in particular loans, loans, leases);

      3. co-workers and agents of our Company who are not employees and who ensure the running of our Company and the provision of services by our Company, or as intermediates mediate clients for our Company and provide comprehensive advice and service to our clients (bonded financial agents and independent financial agents);

      4. securities traders if a client or the nature of the provision of services and products by our Company to the client requires this. The Company shall inform the client that it is providing his personal data as an intermediate to the controller – PRIVATE CONSULTING INVESTMENTS, o.c.p., a.s., with its registered seat at Žižkova 9, 811 02 Bratislava, Company ID (IČO): 51 306 573. You’ll find information on the processing of personal data by PRIVATE CONSULTING INVESTMENTS, o.c.p., a.s., on its website: www.privateconsultinginvestments.sk;

      5. managerial companies if the client or the nature of the provision of services and products by our Company to the client requires this;

      6. IT service providers which provide some IT security and infrastructure for our Company, including its website.

    1. State authorities and other third parties : Your personal data may also be provided to any competent law enforcement authority, a prosecutor, court, regulator, supervisory and control authorities, a government agency, executor, bankruptcy administrator, municipality, town, higher territorial unit, a government ministry, the National Security Agency, the Supreme Audit Office, the Office for Personal Data Protection of the Slovak Republic, the Financial Directorate of the Slovak Republic or another recipient, if our Company believes that such provision of personal data is:

      1. in line with generally binding legal provisions, the Personal Data Protection Act or the GDPR; or

      2. for the purposes of asserting, establishing or defending the legal rights or a claim of our Company; or

      3. necessary for protecting the important interests of our Company or the important interests of any other person.

    1. Provision of personal data on the instruction of the data subject: We may also provide your personal information to other recipients if you give our Company consent to provide such personal information, or if you give our Company instructions for such provision of your personal data.

5.PERIOD OF STORAGE OF PERSONAL DATA

    1. We will store your personal data for as long as necessary for the purposes for which our Company process your personal data, unless generally binding legal provisions prohibit doing so or require us to store such personal data for a longer period of time.

    1. We store your personal information for the following periods:

Purpose:

Period of storage:

Provision of services to company clients

For the duration of the contract and for ten years following the year in which the contract was terminated/fulfilled (pursuant to Act No. 431/2002 Coll. on Accounting, as amended, Act No. 566/2001 Coll. on Securities and Investment Services and Act No. 186/2009 Coll. on Financial Intermediation and Financial Advisory Services) In the case that legal proceedings against you as a debtor are initiated, our Company will process your personal data for the needed period of time, during which the legal proceedings in question will last.

Marketing purposes

For the period of validity of the consent (3 years) or until the withdrawal of consent.

In the case of processing of personal data on the basis of a legitimate interest, for the period necessary to fulfil the purpose of the processing for a period of 5 years at the most.

Accounting purposes

For the duration of the contract and for ten years following the year in which the contract was terminated/fulfilled (pursuant to Act No. 431/2002 Coll. on Accounting, as amended). In the event that legal proceedings are initiated against you as a debtor, our Company will process your personal data for the necessary period of time during which the legal proceedings in question will last.

Application of legal claims

For the period needed to assert the rights and claims of our Company, for the shortest duration of the limitation period under the Civil Code or the Commercial Code, however, for a maximum of 10 years. In the case that legal or administrative proceedings are initiated, our Company will process your personal data for the needed period of time during which the court or administrative proceedings in question will take place.

Identification and contact data

During the period necessary to establish contact with those persons, but not more than 5 years after their acquisition.

Protection of company property and security

For a period of 33 days.

Black list

For a period of 5 years from acquiring them.

6.TRANSFER OF PERSONAL DATA TO THIRD COUNTRIES

    1. Our Company does not and has no intention to transfer your personal data to third countries that do not provide an adequate level of personal data protection, unless such a transfer is expressly required by a generally binding provision or by a decision of state authority.

7. YOUR RIGHTS AS A DATA SUBJECT IN THE PROCESSING OF YOUR PERSONAL DATA

    1. Individual rights of data subjects : Just as our Company has its rights and obligations in relation to the protection of personal data, you also have rights in relation to the protection of your personal data (personal data that concerns you). These rights are:

      1. Right of Access : You have the right from our Company to obtain confirmation about whether our Company processes your personal data, what personal data it processes, for what purposes it processes them, for what period of time it keeps them, from where our Company gets them, where it offers them, who else aside from our company processes the personal data, whether and how automated decision-making, including profiling, occurs when processing your personal data, and what other rights you have in relation to the processing of your personal data. All of the presented information is provided in this memorandum; however, if you have the impressions that you do not know whether and what your personal data is being processed by our Company and how it is processed, you have the right to access this personal data. In the scope of this right of access, you may request from our Company a copy of the personal information we process, the first copy of which will be provided to you by the Company free of charge, while provision of additional copies will be charged for.

      1. Right to rectification : If you find that the personal data our Company is processing are inaccurate, incorrect or incomplete, you have the right to have our Company rectify or supplement this personal data.

      1. Right to erasure (right to be forgotten) : In the following cases, you have the right to have the personal data processed by our Company erased without undue delay:

        1. Your personal data are no longer necessary for the purposes for which our Company has acquired or otherwise processed them; or

        2. You have withdrawn your consent to the processing of your personal data, whereby your consent to the processing of such personal data was required, and our Company has no other reason or legal basis to process it (for example, to assert the rights and claims of our Company); or

        3. you use your right to object to the processing of your personal data (for more details on the subject right, see point 1.13.6 below), which our Company processes on the basis of a legitimate interest, and our Company finds out that it has no other legitimate interests that would entitle our Company to further process such personal data

        4. if our Company processed your personal data illegally; or

        5. to comply with a legal obligation stipulated in a generally binding legal provision that is applicable to our Company; or

        6. if the personal data were acquired in connection with an offer of services of an information company addressed directly to a child.

It is necessary to notify you that even if any of the above applies, our Company is not obliged to erase your personal data (personal data relating to you) if processing is necessary:

        1. for exercising the right to freedom of expression and to information; or

        2. for fulfilling our Company's legal obligation under a generally binding legal provision; or

        3. for the purposes of archiving, scientific or historical purposes or for statistical purposes; or

        4. for demonstrating, asserting or defending the legal claims of our Company.

      1. Right to the restriction of processing : In certain cases, you have the right, in addition to the right to erasure, to restrict the processing of your personal data, through which you may in specific cases require that your personal data be marked and not subject to any further processing operations for a certain period of time. Our Company is obliged to restrict the processing of your personal data in the case that:

        1. you challenge the accuracy of your personal data and do so during a period that allows our Company to verify the accuracy of your personal data; or

        2. the processing of your personal data is unlawful and you object to the erasing of such personal data and request the restriction of their use instead; or

        3. our Company no longer needs your personal data for the purposes of processing, but you need them for demonstrating, asserting or defending your legal claims; or

        4. you use your right to object to the processing of your personal data (for more details on the subject right, see point 1.13.6 below), namely until verification of whether the legitimate reasons on the part of our Company outweigh your legitimate reasons.

If the processing of your personal data was restricted on the basis of this right to the restriction of processing, our Company may process such personal data, with the exception of storage, only with your consent or for demonstrating, asserting or defending the legal claims of our Company, or for the protection of the rights of another natural person or legal entity, or for reasons of important public interest of a State which is a Member State of the European Union or a Contracting Party to the Agreement on the European Economic Area.

      1. Right to data portability : You have the right to obtain all of your personal data which you have provided to our Company if our Company processes it on the basis of consent with the processing of personal data or on the basis of fulfilling a contract, and it must be exclusively personal data that our Company processes by automated (electronic) means. We will provide you with your personal data in a structured, commonly used and machine-readable format, and you have the right to transfer such personal data directly to another controller, if technically possible.

      1. Right to object : You have the right to object to the processing of your personal data, which is done on the basis of the public interest, a legitimate interest, including objecting to profiling that is based on a legitimate interest. Our Company will no longer process your personal data unless our Company demonstrates that the essential legitimate reasons for processing outweigh your interests, rights and freedoms, or if our Company demonstrates the grounds for establishing, asserting or defending its legal claims.

If our Company processes your personal data for the purposes of direct marketing, you have the right at any time to object to such processing of personal data for the purpose of such marketing, including profiling to the extent that it relates to such direct marketing. If you object to the processing of your personal data for the purposes of direct marketing, our Company will no longer process your personal data for such purposes.

      1. Method of asserting rights : You can assert the above-stated rights through the Company's contact details, which are listed in point Chyba: zdroj odkazu nenalezen above.

      1. Right to file a complaint with the Office : In addition to exercising the above-stated rights, you may also file a complaint with the Office for Personal Data Protection regarding the processing of your personal data by our Company. The registered seat of the Office for Personal Data Protection of the Slovak Republic is at Hraničná 12, 820 07 Bratislava, Slovak Republic: https://dataprotection.gov.sk/

      1. Notification on a breach of personal data protection : In the case of a privacy breach that is likely to lead to high risk for your rights and freedoms, our Company is obligated to notify you of the privacy breach in question without undue delay.

8. RIGHT TO WITHDRAW CONSENT WITH THE PROCESSING OF PERSONAL DATA AT ANY TIME

    1. If you have granted consent to our Company for the processing of some of your personal data (the legal basis for the processing of certain personal data by our Company is consent or explicit consent), you may withdraw such consent at any time, namely through the Company’s contact details listed in point Chyba: zdroj odkazu nenalezen above. The withdrawal of consent shall not affect the lawfulness of the processing arising from the consent prior to its withdrawal.

9. CHANGES IN THIS INFORMATION MEMORANDUM

    1. We may update this information memorandum on the protection of personal data from time to time in response to changes in legal, technical or business developments. When updating this privacy memorandum on the protection of personal data, we will take appropriate steps to inform you based on the importance of the changes being made.

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