CHANGES TO THE PRIVACY NOTICE AND YOUR DUTY TO INFORM US OF CHANGES
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your business relationship with us.
THE DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information that relates to an identified or identifiable living individual. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store, process and transfer different kinds of personal data about you which we have obtained such as:
- Identity Data includes but is not limited to: [first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender, nationality, education, ID and passport details, employment details, IP address, a cookie ID, medical data, place of birth, if you hold a prominent public function “PEP”, FATCA/CRS info, authentication data such as signature;];
- Contact Data includes [billing address, email address and telephone numbers].
- Financial Data includes [bank account, payment card details and annual income].
- Transaction Data includes [details about payments to and from you].
- Technical Data includes [internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website].
- Profile Data includes [your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses].
- Usage Data includes [information about how you use our website, mobile app, products and services].
- Marketing and Communications Data includes [your preferences in receiving marketing from us and our third parties and your communication preferences].
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
We do not collect Special Categories of Personal Data about you such as details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic data. We do however collect information about criminal convictions and offences for example: Windsor does look into the background of potential clients/clients, for tax evasion, criminal convictions, whether the client/potential client is a “PEP” – politically exposed person. Windsor may run client/potential client details through international databases. We may also collect and process personal data which we lawfully obtain not only from you but from other entities within the Windsor group, or other third parties, e.g. credit reference agencies, public authorities, companies/persons that introduce you to us, companies that process card payments such as JCC Payment Systems Ltd. We may also collect and process personal data from publicly available sources, e.g. the Department of Registrar of Companies and Official Receiver, the Land Registry, commercial registrars, the press, media and internet, which we lawfully obtain and we are permitted to process.
FAILURE TO PROVIDE PERSONAL DATA
Where we need to collect personal data by law, or under the terms of a contract/service we have with you and you fail to provide that data when requested, we may not be able to perform the contract/service we have or are trying to enter into with you (for example, to provide you with goods and/or services). In this case, we may have to cancel/suspend a product and/or service you have/may have with us and as such you will be notified in such case.
PURPOSE OF DATA COLLECTION/PERSONAL INFORMATION COLLECTION
We process personal data so as to safeguard the legitimate interests pursued by us or by a third party. The legitimate interest is when we have a business or commercial reason to use your information.
When using the website as example, details of your usage are automatically registered by our server, such as your IP address, browser, the content you have visited, and how you landed on our pages, personal identification information, etc.) In addition, we collect and store information such as your name, address, e-mail address, phone number, date of birth, gender and other data transmitted to us through completion of online forms, inserting information through portal, and/or any other newsletters, product demos, etc.
The main purpose of collecting data is:
- Compliance with national and international legal and regulatory/supervisory provisions;
- Identifying the client and suitability of the client in relation for the products and services offered and provided by Windsor;
- Improving the quality of services to natural/legal persons;
- Research and statistical analysis;
- Facilitation of technical administration;
- To take into consideration your online website behavior and trend;
- To take into consideration your mobile app behavior and trend;
- Improve the quality of services and develop new ones;
- Improve security by protecting against fraud and abuse. Provision of Windsor’s IT and system security, preventing of potential crime, admittance controls and anti-trespassing measures;
- To provide you with the transaction and post transaction related services;
- To inform you of products and/or services that may be of interest to you;
- Ensuring network and information security;
- Initiation of legal claims and preparing our defense in litigation procedures;
- Sharing your personal data within the Windsor Group for the purpose of updating/verifying your personal data in accordance with the relevant anti-money laundering compliance framework;
- The transfer, assignment and/or sale to one or more persons of and/or charge and/or encumbrance over, any or all of Windsor’s benefits, rights, title or interest under any agreement;
All personal data is stored in accordance with the applicable laws on data protection.
HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you including through:
- Direct interactions. You may give us your personal data by filling in forms and/or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- apply for our products and/or services;
- create account(s) with us;
- use our mobile app;
- subscribe to our service(s) and/or publications;
- request marketing to be sent to you;
- enter a competition, promotion or survey; or
- give us some feedback.
- By registering for DEMO account(s), i.e not a real account;
- Automated technologies or interactions. As you interact with our website and/or mobile app, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, [server logs] and other similar technologies. [We may also receive Technical Data about you if you visit other websites employing our cookies.]
- Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources such as:
- Technical Data from the following parties:
(a) analytics providers such as Google based outside the EU;
(b) advertising networks;
(c) Third Party Service providers;
(d) Banks and/or payment providers;
(e) Employers (past and/or current);
HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal or regulatory obligation.
Generally, in relation to marketing, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us at the following email: email@example.com
Recipients of personal data may include, as example:
- supervisory and other regulatory and public authorities, inasmuch as a statutory obligation exists, for example, the Cyprus Securities and Exchange Commission, the income tax authorities, criminal prosecution authorities;
- debt collection agencies;
- credit reference agencies;
- external legal consultants;
- financial and business advisors;
- auditors and accountants;
- marketing companies and market research companies;
- companies which help us to provide you with cards such as VISA and MASTERCARD:
- Card payment processing companies;
- Fraud prevention agencies;
- File storage companies, archiving and/or records management companies, cloud storage companies;
- Companies who assist us with offering technological expertise, solutions and support and facilitating payments;
- Rating agencies;
DISCLOSURE OF DATA
Your personal data will be kept confidential and will be treated as such, it is to be noted that Windsor will only disclose website usage data and/or mobile app usage data and/or personal data, to third parties as permitted by law(s), where and if Windsor is legally obliged to do so or if such disclosure becomes necessary to enforce Windsor’s rights in particular to enforce claims arising from a contractual relationship, or required to comply with any judicial, and/or other proceedings, court order, legal process or pursuant to any governmental, intergovernmental and/or other regulatory bodies, whereby such disclosure may be executed by Windsor without prior notice to you. Windsor will not be liable for unlawful or unauthorized use of your personal information/passwords/username/login, etc. due to misuse or misplacement of your passwords, negligent or malicious intervention and/or otherwise. You consent to Windsor using any of your data which has come into our possession during any interaction for the purposes of intending to enter into business relations and includes information after termination of the business relationship. The purpose for which Windsor will use your information will always be related to the activities offered and/or provided by Windsor, and for the purpose of performing any contract/agreement/service. You consent to the processing of data prior to the actual “contracting” stage, i.e with the intention to enter into contract/agreement, subject to you meeting the conditions of Windsor in order to onboard you as client. You consent that it is possible at times, that data may be transferred outside the EU from time to time as the case may be. Your personal data may be transferred to third countries in some cases, for example to execute your payment or investment orders or if the data transfer is required by law, or a reporting obligation under the tax law, or investment firm reporting;
Windsor may disclose your personal data to but not limited to business introducers, affiliates, any of the sister companies, (who might process data on behalf of Windsor and who may only use it for the same purposes as Windsor), third party service providers in order to process obligations arising from the agreement, financial institutions, banks, other similar organizations that we deal with in course of corporate business, external service providers and professional advisers, which may be located overseas, such as auditors, lawyers and accountants, any third parties where this is necessary to process a transaction or provide services which you have requested or for trade reporting purposes.
MONITORING AND RECORDING
Windsor will as required by the Law, monitor, store, and record any communication(s), whether orally/written form (documented including emails). The recording is carried out for the legal purposes of safety and security for all and used to track history and for transparency.
Windsor takes all appropriate security measures to ensure that the personal data collected and stored in connection with your visit to the website and/or the mobile app and/or in relation to the services and products provided by Windsor is protected against any unauthorized access, misuse, loss and/or destruction. Windsor uses physical and electronic security measures, including but not limited to the use of firewalls, personal passwords, encryption and authentication technologies. Windsor’s employees and service providers are bound by professional secrecy and must comply with all data protection provisions. It is to be noted, that access to personal data is restricted to specific employees, contractors and third-party service providers who require this access in order to process the agreement between Windsor and you, all on a “need to know” basis and to be able to execute all obligations emanating from the agreements in place. It should be noted that data transmitted via an open network like the Internet cannot be fully protected from third-party access, although we take the best possible precautions to avoid any leakage of information/data. Any transmission of data via the internet is at your own risk, although we will exercise all ways in order to protect your personal data. Please note that all your actions while using this website and/or the mobile app may be recorded and analyzed for various purposes, including security, marketing and system monitoring purposes. Windsor adheres to strict security standards using the most up to date security technologies.
THIRD PARTY LINKS
You can ask us or third parties to stop sending you marketing messages at any time by logging into the website and/or the mobile app and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing message sent to you or by contacting us at any time at the following email address: firstname.lastname@example.org
OPTING OUT /OPTING IN
During the registration process with Windsor you will be presented with the option to opt-in and/or opt-out of – subscribing to the following additional services, as applicable:
- Marketing services, which provides you with information regarding the products and services offered by Windsor or its partners; and opportunities that we believe may be relevant to you;
- SMS (text) messages
- Other electronic communications.
If you no longer wish to receive the above-mentioned communications, you may opt-out of receiving them by following the instructions included in each communication.
YOUR LEGAL RIGHTS
Please note that you have certain rights under data protection laws in relation to your personal data:
- Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
- Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing, where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request. You understand that Windsor is under legal obligation to hold client data for a period of five years from termination of the business relationship as per our regulatory body;
- Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
- Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
- Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
- The “right to be forgotten”, as mentioned in some of the sections above, you can ask for your personal data to be deleted when the data we hold is no longer needed. We will also take reasonable steps to inform other third-party providers that are processing the personal data for the erasure of the personal data related to you. It is to be noted that this is not an absolute right, due to the fact that freedom of expression and scientific research are also safeguarded.
- You have the right to lodge a complaint with the Data Protection Authority (“DPA”) in Cyprus.
Windsor will keep your personal data/data for as long as we have a business relationship with you (as an individual or in respect of our dealings with a legal entity you are authorized to represent or are a beneficial owner).
Windsor is required to retain client(s)’ Personal Data on record for a minimum period of at least five (5) years, which is calculated after the execution of the transactions or the termination/cancellation of the business relationship. Windsor shall not be required to delete data made pursuant to automatic archiving and back-up procedures in its IT systems, where a deletion is not possible or not possible without commercially unreasonable efforts.
For prospective clients’ personal data (or authorized representative/agents/or beneficial owners of a legal entity prospective client), Windsor keeps your personal data for as long as legally entitled to, unless you have officially requested deletion from our records. Once we have notified you of our approval or rejection of your application for our services and/or products or from the date of withdrawal/termination of such application, the period we hold data is the time frame as per the applicable law at the time, unless request for deletion is given to us.
To exercise your rights, you can contact the Data Protection Officer, known as the “DPO”. We undertake to respond to your request without undue delay and at the latest within 1 month from date of which we received official written request. You understand that you may be asked to provide information to confirm your identity such as clicking a verification link, entering a username and/or password in order to exercise your rights.
If you want to:
- to exercise any of your legal rights in relation to your personal data;
- make a complaint in relation to your personal data;
Please contact the “DPO”, using the following contact details:
Contact number: +357 25 500940
Note: The General Data Protection Regulation (EU) 2016/679 applies from 25 May 2018. These rights are applicable across the EU, regardless of where the data is processed and where the company is established. These rights also apply when you buy goods and/or services from non-EU companies operating in the EU.
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