Prospective Client Privacy Policy

This privacy note is intended specifically and exclusively for the processing of personal data of persons who do not have products / services at the Bank.

1. Data Controller and Data Protection Officer

The Data Controller is FinecoBank S.p.A. - holding Company of the FinecoBnak Banking Group with registered office at Piazza Durante no. 11, 20131 Milan (the "Bank" or "Fineco").
The Data Protection Officer may be contacted at Fineco, Data Protection Office, Piazza Durante no. 11, 20131 Milan, E-mail: compliance@finecobank.com, PEC: finecobankspa.pec@actaliscertymail.it

2. Purpose and legal basis of the processing

Fineco processes personal data of natural or legal persons and individual companies and / or self-employed professionals ("data subjects") for the following purposes:

• to execute a contract to which the data subject is a party or to carry out pre-contractual activities on the data subject’s request. Fineco shall process any data as required by contract. The provision of the data necessary for these purposes represents, according to the cases, a contractual obligation or a necessary requirement for conclusion of the contract or carry out the pre-contractual activities requested by the data subject: in the absence of these, the Bank will find it impossible to set up the relationship or to execute it;
• to fulfil Fineco's legal obligations (for example, obligations set out under the money laundering regulations, provisions imposed by Supervisory Authorities, the Judiciary, etc.). Fineco shall process this information to comply with any common law or statutory obligation. The provision of the data necessary for these purposes represents a legal obligation; in the absence of them the Bank will find it impossible to set up relationships and may be subject to reporting requirements;
• promote products and services of the Bank, of other companies in the Fineco Group or of third-party companies, including market research. Fineco shall only process data for this purpose if the relevant data subject has given his/her free consent that he/she may revoke at any time. The provision of the data necessary for these purposes is not obligatory and refusal to provide it shall not have any negative consequence, other than the impossibility of receiving commercial communications;
• promote the sale of "dedicated" products/services of the Bank, companies in the Fineco Group or third party companies, specifically identified through the profiling and analysis, including through the use of automated techniques and systems (for example big data), of information relating to preferences, habits, consumer choices, aimed at subdividing the data subjects into homogenous groups by behaviour or specific characteristics (client profiling) updated through the inclusion of data with information obtained from third parties (enhancement). Fineco shall only process data for profiling purposes if the relevant data subject has given his/her free consent that he/she may revoke at any time. The provision of the data necessary for these purposes is not obligatory and refusal to provide it shall not have any negative consequence, other than the impossibility of receiving dedicated commercial communications.

3. Categories of data handled

Fineco processes personal data collected directly from the data subject or from third parties, which includes, by way of example, identification data (for example, surname, forename, address, date and place of birth), data relating to image (for example, identity card photo) and other data attributable to the above-mentioned categories.

4. Receivers or categories of receivers of data

The data subject's personal data may become available to natural or legal persons with the title of controllers and to natural persons that process data to carry out the tasks assigned to them, including: Fineco employees, secondees, temporary workers, interns, consultants and contractors.

The Bank - without the consent from the data subject being necessary - may communicate the personal data in its possession:

• to those organisations to whom this communication must be made in compliance with an obligation set out under the law, a regulation or community rules;
• to financial intermediaries to which personal data can be communicated, on the basis of the provisions of the money laundering regulations (see Article 39, paragraph 3 of Legislative Decree no. 90/2017) which provide for the possibility of proceeding with communication of personal data relating to suspicious transactions, of additional information requested by Italy's Financial Intelligence Unit (FIU) or of the existence or likelihood of investigations or in-depth requests with regard to Anti Money Laundering or terrorist financing, both between intermediaries part of the same Group and among intermediaries not belonging to the same Group, but involved in cases related to the same customer or the same transaction;
• to companies belonging to the FinecoBank Banking Group or controlled by it or linked to it pursuant to article 2359 of the Italian Civil Code (even if located abroad), when this communication is allowed as a consequence of a regulation from the Privacy Guarantor or of a legal provision; and
• in the other cases set out under the current regulations on data protection including, in particular, companies on behalf of whom the Bank carries out the activities of an intermediary for the sale of their products / services.

The detailed list of the entities to whom the data may be communicated can be consulted at the "Privacy" section of the website finecobank.com.

5. Rights of the data subjects

The current regulations on data protection give specific rights to the data subject who, to exercise those rights, may address themselves directly and at any time to the Data Controller.

The rights that may be exercised by the data subject are described below:

• Right of access;
• Right to rectification;
• Right to erasure;
• Right to restrict processing;
• Right to data portability; and
• Right to object.

The data subject may at any time amend their optional consent preferences.

Right of access

The right to access sets out the possibility for the data subject to know what personal data concerning him or her are being processed by the Bank and to receive a copy of it (in the case of further copies being requested a contribution based on the costs incurred may be debited). The information provided include: the purposes of the processing, the categories of personal data concerned, where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period, as well as the guarantees applied in the case of transfer of data to a third country and the rights that may be exercised by the data subject will be detailed.

Right to rectification

The right to correction allows the data subject to update or correct inaccurate or incomplete data held by the Bank relating to them.

Right to erasure (so-called "right to be forgotten")

The right to be forgotten, allows the data subject to require the erasure of personal data concerning him or her in the following special cases:

• personal data which are no longer necessary for the purposes for which they were collected and processed;
• the data subject withdraws the consent on which the processing is based, if there is no other legal basis for the processing:
• the data subject objects to the processing and there are no further legitimate ground for the processing carried out by the Data Controller:
• to pursue a legitimate interest of its own or third parties and there is no prevailing legal basis of the Data controller to proceed with the processing,
• for direct marketing purposes, including the profiling connected with that;
• the personal data of the data subject has been processed illegally; and
• the personal data have to be erased for compliance with a legal obligation.

This right may be exercised even after withdrawal of consent.

Right of restriction

A data subject may request the Bank to limit the way their data is processed under certain circumstances. The right of restriction of processing may be exercised by the data subject in the case of:

• the processing is unlawful, as an alternative to erasure of the data;
• request for correction of the data (pending verification of the request);
• when an individual has objected to processing (pending verification by the Bank of the objection); or
• when the Bank has no further need for the data but the data subject requires the personal data to establish, exercise, or defend legal claims.

With the exception of storage, where processing has been restricted any processing of the personal data is prohibited.

Right to portability

The right to portability allows the data subject to receive the personal data concerning him or her, which he or she has provided to the Bank, for other purposes. Each data subject may ask to receive the personal data relating to them or to request its transfer to another data controller, in a structured format, in common use and legible.

Note, data portability only relates to personal data (for example, surname, forename, address, date and place of birth, residence), as well as a set of data generated by the transaction activity that the Bank has defined for each macro-category of product / service (for example, current or extinguished relationships, current account transactions). This right does not apply to non-automated processing (for example, paper files or records).

Right to object

The right to object allows the data subject to object to the processing of their personal data in certain circumstances.

5.1. Exceptions to the exercise of the rights

The regulations on data protection recognise specific exceptions in relation to the exercise of the data subject’s rights.

The Bank may continue to process personal data despite a data subject's exercise of their rights if one or more of the following applicable conditions applies:

• execution of a legal obligation applicable to the Bank;
• resolution of litigation and / or disputes (own or of third parties);
• internal and / or external investigations / inspections;
• requests from Italian and / or foreign public authorities;
• reasons of relevant public interest;
• execution of a contract in force between the bank and a third party; and/or
• any further blocking conditions / status of a technical nature identified by the Bank.

5.2. Procedure for exercising rights

In order to exercise his/her rights, a data subject may contact the Bank at the email address E-mail: privacy@finecobank.com or make the request in writing to FinecoBank, Via Rivoluzione d’Ottobre 16, 42123 Reggio Emilia.

The period for the response is one (1) month, extended to two (2) months in cases of particular complexity; in these cases, the Bank shall provide at least one interim communication within one (1) month. In principle, the exercise of the rights is free; having assessed the complexity of dealing with the request and, in the case of clearly unfounded or excessive requests (including repeated requests) the Bank reserves the right to ask for a contribution
The Bank has the right to ask for further information necessary for the purposes of identifying the requesting party.

6. Personal data storage periods

Fineco processes and keeps the personal data of the data subject, prospect Customer, for the purpose for which they were collected as set out at Chapter 2 “Purpose and legal basis of the processing”. The period of storage of personal data of the data subject runs from the registration of the personal data in the Systems of the Bank.

At the end of the storage period, the personal data referring to the data subject will be erased or kept in a form that does not allow the identification of the data subject , unless its further processing is necessary for one or more of the following purposes:

• resolution of disputes and / or litigation commenced prior to expiry of the storage period;
• to follow up investigations / inspections by the functions of internal monitoring and or external authorities commenced before expiry of the storage period; and
• to comply with requests from Italian and / or foreign public authorities sent / notified to the Bank prior to the expiry of the storage period.

7. Transfer of data to other countries

Personal data may also be transferred to countries not belonging to the European Union or to the European Economic Area (so-called "Third-Party Countries") recognised by the European Commission as having an adequate level protection of personal data. Fineco shall only transfer data to other Third-Party Countries if such countries have an adequate level of protection of personal data compared to that of the European Union (for example, through the signing of the standard contractual clauses set out by the European commission) and the Fineco suppliers located in the third-party country have agreed to appropriate measures so that the exercise of the rights of the data subject is protected.

8. Information note on the processing of data for navigation on web site, cookies and data referring to the use of the Call Centre

This section describes the FinecoBank S.p.A. website function, with reference to the processing of personal data of users who consult it. The information is provided only for the websites of FinecoBank S.p.A. and not for other websites that may be consulted by the user through links.

The information also considers Recommendation no. 2/2001 that the European Authority for the protection of personal data, gathered in the Group established by art. 29 of directive no. 95/46 / CE, adopted on May 17, 2001 to identify minimum requirements for collection of personal data online and, in particular, the methods, times and nature of the information provided to users when they link to web pages.

Place of data processing

The processing of data connected to the web services takes place at the aforementioned Registered Office and is handled only by FinecoBank S.p.A. personnel, persons authorized to process personal data or by authorized persons of FinecoBank S.p.A. No personal data deriving from the web service is disclosed. The personal data provided by users are used for the sole purpose of performing the service requested and are communicated to third parties only if this is necessary for this purpose.

Navigation data

The IT systems and software procedures used to operate this website acquire some personal data whose transmission is implicit in the use of the Internet, which is based on the TCP / IP protocol. This information that is not collected to be associated with identified interested parties, but which by its very nature could, through processing and association with data held by third parties, allow users to be identified as navigators. This category of data includes the "IP addresses" or domain names of the computers used by users who connect to the site, the addresses in URI (Uniform Resource Identifier) of the requested resources, the time of the request, the method used submitting the request to the web server, the size of the file obtained in response, the numeric code indicating the status of the response given by the web server (successful, error, etc .) and other parameters relating to the operating system and the IT environment user. These data are used for the sole purpose of obtaining anonymous statistical information on the use of the site and to check its correct functioning on the FinecoBank S.p.A. website. It should be noted that the aforementioned data could be used to ascertain responsibility in the event of computer crimes against the FinecoBank S.p.A. website or to other sites connected to it. In other case, the navigation data are deleted immediately after the relative statistical processing and in any case are kept for 24 months from the time of collection.

Data provided by the user on voluntarily basis

Some particular services requested by the interested party (e.g. chat, contact forms, etc.) involve the subsequent acquisition of some personal data of the applicant, including the e-mail address, necessary to respond to requests.
Specific summary information will be progressively reported or displayed on the pages of the site prepared for these particular services on request.

Call center

The systems and procedures of Bank's Call Center acquire some data referring to customer calls. This category includes the remote number of the caller (where not hidden), the navigation data in the IVR mast (i.e. the actions / keystrokes that the customer performs to access the various services), the duration of the call, as well as only in cases expressly provided and with prior notice to the interested party, audio recording of the call.
The aforementioned data are processed in order to obtain statistical information on the use of the Call Center, to check its correct functioning and ensure its safety, as well as to ascertain responsibility in the event of any offenses, to the detriment of the Bank or of the customers of the same.

Optional personal data

The user is free to provide personal data contained in the specific electronic request forms, in the sections of the website set up for particular services on request, excluding for those regarding navigation data. It should be noted that the refuse to provide such data make impossible to obtain what is requested.

Processing methods and security measures

Personal data are processed with automated and non-automated tools, for the time strictly necessary to achieve the purposes for which they were collected. Specific security measures are observed to prevent the loss of data, illicit or incorrect use and unauthorized access.
To find out more, you can consult the section of the web site dedicated to safety.

Cookie

Identification of the consumer habits and propensities of the data subject will be analysed by means of the use of cookies and other similar technologies, in respect of the appropriate safeguards and necessary measures, according to the applicable regulation.
The full Cookie policy is available at the dedicated area on the website finecobank.com.

9. Claim or report to the Italian data protection authority (Garante per la protezione dei data personali)

Where the data subject believes he/she has suffered a breach of their rights they may make a claim or a report to the Italian data protection authority or contact the relevant legal authorities in his/her own jurisdiction. Contact details of the Italian data protection authority can be found at www.garanteprivacy.it.

10. Changes to this Privacy Policy

Fineco reserves the right to make changes to this policy from to time to time. Please check back on the website to be aware of any updates.