DATA PROTECTION INFORMATION NOTICE

Transcription

1 DATA PROTECTION INFORMATION NOTICE The BNP Paribas Group (1) and in particular BNP Paribas Factor attaches great importance to protecting your privacy. This is why we have adopted common principles within the BNP Paribas Group Privacy Policy, available on the group.bnpparibas website. BNP Paribas Factor, a public limited company, headquartered in RUEIL-MALMAISON (92506), rue Louis Blériot, ("we") is responsible for the processing of your personal data. The purpose of this document is to inform you of how we use and protect your personal data, as well as the reasons why we process this data. It applies equally to all BNP Paribas Factor factoring products and services, it being specified that additional information may be provided to you if necessary when you subscribe to a specific product or service. 1. What personal data are we processing? We collect and use only the personal data that we need in our business to offer you quality factoring products and services tailored to your needs. We may collect different categories of personal data from you, including: Identification and contact information (surname, first name, place and date of birth, photo, ID and passport numbers, postal and address, telephone number, gender, or signature) Family status (marital status, marital status, number of children, age of children) Banking, financial and transactional data (bank details, value of your assets) Identification and authentication data, especially when using online services (technical logs, computer traces, information on security and use of the terminal, IP address). Unless we are required to do so by law, we do not treat matters relating to your racial or ethnic background, political opinions, religion, philosophical beliefs or trade union membership, the processing of genetic data, your sex life or sexual orientation.. The data we use may be collected directly from you or obtained from the following sources in order to verify or enrich our databases: Publications / databases made accessible by official authorities (Official Journal) Our prospects, clients or service providers Third parties such as credit reference agencies, commercial intelligence, anti-fraud, in accordance with data protection regulations websites / social networking pages containing information you have made public and databases made public by third parties 2. Specific cases of data collection including indirect collection BNP Paribas Factor may collect information about you although you are not a BNP Paribas Group customer. Page 1 sur 5

2 The list below (non-exhaustive) are examples of personal data collected by BNP Paribas from non-clients, such as: Prospects, guarantors, agents Legal representatives, corporate officers and authorized persons of a legal entity of BNP Paribas Factor Beneficiaries and shareholders of a legal entity of BNP Paribas Factor Clients or beneficiaries in transactions with a BNP Paribas Factor customer Debtors Business and broker introducers Employees of our service providers 3. Why and on which bases do we use your personal data? a. To comply with our legal and regulatory obligations We use your personal data to fulfil various legal and regulatory obligations, including: preventing money laundering and the financing of terrorism Compliance with applicable legislation on international sanctions and embargoes The fight against fraud Compliance with financial regulations by which we must, in particular: - evaluate your financial solvency - prevent unpaid debts - monitor and report the risks to which the establishment could be exposed Reply to official requests from duly authorized public or judicial authorities b. To execute a contract concluded with the company with which we are required to provide pre-contractual information and for which we are required to process your personal data We use your personal data to conclude and execute our contracts including for: Provide information about our products and services Subscription (including electronic signature) of factoring products and services distributed by BNP Paribas Factor In the context of customer relationship management including: - Management and execution of factoring products and services - Evaluation of your needs and knowledge in factoring - The security of online services that you use c. To fulfil our legitimate interests We use your personal data to set up and develop our factoring products or services, optimize our risk management and defend our interests in court, including for the purpose of: Page 2 sur 5

3 Proof of transactions or operations IT management including infrastructure management (eg exchange platforms) and business continuity including IT security Prevention of fraud and abuse (security measures, control of unusual transactions) Collection Creation of statistical models, based on the analysis of your transactions, to define your credit risk score Establishment of anonymized statistical models, tests, for research and development, in order to optimize the risk management of BNP Paribas Factor or to improve our offer Customization of BNP Paribas Factor commercial offers: - Improving the quality of factoring products or services - By offering you factoring products or services that meet your needs as we define them These commercial proposals can be realized through: Segmentation of prospects and customers Analysis of your habits and preferences on the different channels ( , visits to our website, etc.) The transmission of your data to another BNP Paribas Group company, especially if you are - or will become - a client of this other company Adjusting the supply of factoring products or services based on the factoring products or services you already own or use and the data we hold d. To respect your choice when we requested your consent for a specific processing In some cases, consent is required to process your data for example: Where the purposes described above give rise to an automated decision making process that has legal effects that affect you or affect you significantly, we will inform you separately of the underlying reason as well as the significance and expected consequences of this processing. If we proceed to a processing for purposes other than those described in Section 3, we will notify you and if necessary seek your consent. 4. What categories of entities will your personal data be disclosed to? In order to fulfil the above purposes, we disclose your personal data only to: BNP Paribas Group entities Service providers and subcontractors performing services on behalf of or in the name of BNP Paribas Factor Independent agent, intermediary or broker Business and banking partners Financial, judicial or state agency authorities, public bodies on request and within the limits of the regulations Certain regulated professions such as lawyers, notaries, auditors Page 3 sur 5

4 5. Transfers of personal data outside the European Economic Area In case of international transfers from the European Economic Area (EEA): If the European Commission has made a decision of adequacy, recognizing that country a level of protection of personal data equivalent to that provided by the EEA legislation, your personal data will be transferred on this basis If the level of protection has not been recognized as equivalent by the European Commission, we rely either on a derogation applicable to the situation (for example: in the case of international payment, the transfer is necessary to the execution of the contract), or on the establishment of one of the appropriate guarantees to ensure the protection of your personal data (standard contractual clauses approved by the European Commission, binding corporate rules) To obtain a copy of these texts or to know how to access them, you can send a written request in the manner indicated in Section How long do we keep your personal data for? We keep your personal data for as long as necessary to comply with the applicable legal and regulatory provisions. We also take into account operational constraints such as good account management, effective customer relationship management and responses to legal or regulatory requests. As regards the customers, most of the information is kept for the duration of the contractual relationship and for 10 years after the end of the contractual relationship. For further information regarding the storage duration of your personal data or the criteria used to determine that duration, you can contact us at the address indicated in section 9. Regarding prospects, the information is kept for 3 years from their collection date or our last contact with you. 7. What are your rights and how can you exercise them? In accordance with the applicable regulations, you have different rights, namely: Right of access: you can obtain information about the processing of your personal data and a copy of this personal data Right of rectification: if you believe that your personal data are inaccurate or incomplete, you may require that this personal data be modified accordingly Right to erasure: you may require the erasure of your personal data within the limits of what is permitted by the regulations Right to restrict a processing: you can request the restriction of a processing of your personal data in the limit of what is allowed by the regulation Right of opposition: You can oppose the processing of your personal data, for reasons related to your particular situation. You have the absolute right to oppose the processing of your personal data for the purpose of commercial prospecting, including the profiling related to this prospection Right to withdraw your consent: if you have given your consent to the processing of your personal data, you have the right to withdraw your consent at any time Right to the portability of your data, when this right is applicable, you have the right that the personal data you have provided to you are returned to you or, where possible, technically, transferred to a third-party Page 4 sur 5

5 For further information, or if you wish to exercise any of the aforementioned rights, send a letter or an to the address set out in section 9 accompanied by a copy of your National Identity Document for identification purpose. In accordance with the applicable regulations, in addition to the previous rights, you also have the right to lodge a complaint with the Spanish Agency for Data Protection You can exercise the rights listed above, by mail addressed to: BNP Paribas Factor sucursal en España, c/ Emilio Vargas 4, Madrid, España o en nuestra página web. In accordance with the applicable regulations, you are entitled to lodge a complaint with the competent supervisory authority such as the AEPD (Agencia Española de Protección de Datos) in Spain. 8. How can you keep up with the changes to this information notice? In a world in constant technological evolution, we will regularly update this information document. We invite you to review the latest version of this document on our sites and we will inform you of any substantial changes through our sites or our usual methods of communication. 9. How to contact us? If you have any questions regarding the use of your personal data covered by this document, you may contact our Data Protection Officer by mail who will process your request to: 10. Miscellaneous Delegado a la Protección de Datos BNP Paribas Emilio Vargas 4, Madrid, España Information about our cookies policy and computer security is available on our site: factor.bnpparibas.es (1) The list of BNP Paribas Group companies is available at group.bnpparibas/discover-the-group/bnpparibas-world. Data Protection Notice GDPR Page 5 sur 5