Notification to customers regarding the processing of personal data /GDPR/
This notification is provided to the clients of the investment intermediary (IP) on the grounds of Art. 13 (1) and (2) of Regulation 2016/679 and discloses information concerning the processing of personal data.
1. “Aval Yin” AD is entered in the Commercial Register at the Registry Agency under UIC 831522132 with headquarters and address of management at 71, Knyaz Boris I Str., Sofia. The address for correspondence to which the company provides services is: 1303 Sofia, 73 Todor Aleksandrov Blvd., fl. 1, phone number 02 9873360, 02 9804825, e-mail: firstname.lastname@example.org, email@example.com
The Company is licensed to carry out activity as an investment intermediary by the Financial Supervision Commission, is entered in the register under No WG 03-10 / 26.10.2000. and is authorized by the Commission to perform securities transactions in the country and abroad № 103-IP / 11.06.1997, № РГ-03-0010 / 02.09.2005г., № РГ-03-0010 / 03.04.2006г. and № 220 – IP / 28.03.2013. Contact person for AvalIn IP: Velichka Sahakyan, Member of the Board of Directors and Executive Director, e-mail: firstname.lastname@example.org, also at the above-mentioned e-mail addresses to which complaints may be filed and alerts related to the processing of personal data.
2. The purposes of the processing of personal data are related to the identification of clients and contractors of AvalIn JSC, evaluation of appropriate service (relevance and expediency) and compliance with the regulatory requirements laid down in the Financial Markets Act (MiFID), the Money Laundering Measures Act and the Law on Measures against Terrorist Financing (LMFTS);
AvalIn Inc. has the right and obligation to process the personal data of its clients for the purposes set forth in the MFIA, the LMML, the TPOs, the implementing instruments and other directly applicable EC Regulations governing its activity or the secondary legislation applicable in the Republic of Bulgaria. The aforementioned normative acts have established obligations for AvalIn AD – administrator of personal data, compliance with which is mandatory for carrying out activity and providing investment and additional services, including through the processing and storage of personal data.
AvalIn JSC collects personal data of its clients through employees working under a contract for the company, brokers, investment consultants who are bound by confidentiality declarations. Customer’s personal data may also be collected through trading platforms in which the customer himself completes the registration forms.
3. The recipient of personal data shall be the authorities and in the circumstances established in Art. 91 of the MFIA. The processing of personal data is carried out by employees of Aval Yin AD. Access to personal data may include lawyers, lawyers, accountants, auditors, risk managers, technical specialists supporting AvalIn’s computer systems, and information service providers for the specific activities carried out by those categories of persons.
With the consent of the client, AvalIn AD may also provide personal data to its partners or suppliers of financial services. Upon receipt of this notice, the Customer expressly agrees that its personal data will be provided to third parties, partners of AvalIn AD for the purposes of the services provided to both the client and AvalIn AD for direct marketing and statistical processing of information.
By signing this notice, the customer is expressly advised that for the provision of certain investment services and activities through brokers licensed in third countries it is necessary and legally required that “AvalIn” AD provide these brokers with personal data of the client as without such provision, no contractual obligations can be fulfilled on acceptance and delivery for executing orders for transactions in financial instruments.
4. As an administrator of personal data, IP AvalIn Plc does not intend to transfer personal data to a third country or an international organization unless the Client has given its consent.
5. The investment intermediary shall keep for a period of 5 years all the documents, data and information collected and prepared in accordance with the provisions of the LMML and its implementing rules, the MFIA and the directly applicable regulations. In the case of establishment of business relations with clients, as well as in cases of correspondence, the retention period begins to run from the beginning of the calendar year following the year of the termination of relations. The criterion for the specified term is legally established in Art. 67 LMML.
6. The Client is entitled to request access to or correction of personal data from the Aval YIn IP, but the deletion of personal data or limitation of the processing of personal data may only take place after the expiry of the statutory term for its storage. The Client has the right to object to the processing, as well as to the data portability, as long as this does not contradict a legally established obligation of Aval Yin AD or another EU legal act.
7. Where the processing of personal data is based on consent, the Customer shall have the right to withdraw consent at any time, without prejudice to the lawfulness of the processing under consent, before it is withdrawn.
8. The client has the right to appeal to a supervisor in connection with the processing of his or her personal data. Personal data subjects whose data are collected and processed by AvalIn Inc. may file such a complaint with the Commission for Personal Data Protection at: 1592 Sofia, “Prof. 2 Tzvetan Lazarov Str., Tel. 02 / 91-53-518, reception desk – working hours 9:00 – 17:30 hrs.
9. The provision of personal data is a statutory requirement according to the MFIA, the LMML, the TPOs, the directly applicable EC Regulations, the FSC normative acts, ESMA, EBA and FSC regulations. Personal data subjects whose data are collected and processed by AvalIn Inc. are deemed to be aware of this circumstance with texts in the General Terms or Contracts concluded with clients and / or counterparties and the fact that their refusal to provide their personal data required under the MFIA and the LMML / MIPJP is a legal basis for AvalIn JSC to refuse the provision of the respective requested service.
Consequences of refusal to provide personal data: In cases where the investment intermediary can not meet the requirements of the LMML due to the fact that the client refuses to provide personal data, the intermediary shall refuse to carry out the operation or the transaction or the establishment of a business relationship , including the opening of an account [Art. 17, para. 1 of the LMML].
10. AvalIn JSC does not apply automated decision making, including profiling, and therefore does not provide information about the logic used, as well as the significance and foreseen consequences of this processing for the data subject.