We process the personal data provided by customers,
potential customers and/or interested parties within the
framework of our business relationships.
Pursuant to FM-GwG (Austrian Financial Market Anti-Money
Laundering Act), DenizBank AG is obliged to prove, amongst
other things, the identity, the beneficial owner or the trustor of
the customer, to check the purpose pursued by the customer,
to evaluate the intended nature of the business relationship,
to obtain and check information on the origin of the funds
used, and to continuously monitor both the business
relationship and the transactions carried out within its scope.
Where necessary for providing our services, personal data
we have legitimately obtained from the group companies of
DenizBank AG or other third parties (e.g. service providers,
KSV1870 Holding AG, CRIF GmbH) are rightfully processed
as well (e.g. for the fulfilment of contracts or due to your
declaration of consent). Data we have legitimately obtained
from publicly available sources (e.g. land registers, company
registers and registers of associations, press, media, or the
internet) are rightfully processed as well.
The personal data we process include, inter alia, the following
details:
Basic data (first and last name, academic degree,
address and contact data (telephone number, email
address)) and further personal data (date and place of
birth, gender, nationality, marital status, legal capacity,
professional title/nature of employment (employed/selfemployed))
Identification data (such as ID card data) und
authentication data (such as specimen signature)
Legally relevant data in accordance with the KYC
principle (e.g. customer profile, documentation about the
purpose and nature of the business relationship, proof of
source of funds, PEP check);
Tax-related data (e.g. tax ID, FATCA status and/or CRS
status)
Information relevant to creditworthiness (e.g. KSV1870,
KKE)
Our correspondence with you (such as written
communications, consultation records, memos)
Information derived from electronic communications with
DenizBank AG (e.g. apps or cookies)
In general, the contents and the scope of the personal data
we collect depend on the respective products/services. Apart
from the data mentioned above, we are allowed to collect,
process and retain further personal data. These primarily
include:
Account and payment transactions (incl. internet
banking)
Data resulting from the fulfilment of our contractual
obligations (e.g. payment transaction data) or data relating to
the order or the payee (e.g. payment orders/standing orders).
Savings and deposits
Data resulting from the fulfilment of our contractual
obligations (e.g. turnover), direct debits, documentation data
(e.g. memos, consultation records).
Securities transactions
Information on knowledge and/or experience with regard to
securities (MiFID II status), investment behaviour/strategy
(scope, frequency, risk-taking), profession, financial situation
(assets, liabilities, income from salaried employment/selfemployment/commercial operations, expenses),
foreseeable
changes in the financial circumstances (e.g. beginning of
retirement), specific objectives/essential concerns in the
future (e.g. planned acquisitions, settlement of liabilities), taxrelated information, documentation data (e.g.
suitability
statement).
Brokerage of insurance policies/home purchase savings
products/private loans
Product data, documentation data (e.g. memos).
Credit cards/cash cards
General information (e.g. card number, expiry date, limit)
Consumer financing (consumers)
Documents relating to the customer's creditworthiness (proof
of income (e.g. payslips, third-party statements)),
professional situation (employer, nature and duration of the
employment relationship), marital status and number of
dependent children, scoring/rating data, purpose of use,
documentation data (e.g. memos).
Customer contact details
In the course of the establishment of the business relationship
as well as for its duration, we may contact you – personally,
by phone or in writing – and collect further personal data (e.g.
information about the contact channel, date, occasion and
result) as well as information on the participation in marketing
measures.
The aforementioned data are processed in accordance with
the data protection regulations. Moreover, our data
processing is based on the justifications stipulated in Article
6 Section 1 GDPR only. The main purposes are as follows:
Fulfilment of contractual obligations
Personal data are processed for the execution of banking
transactions and for the brokerage of insurances, building
society savings plans and private loans. These transactions
and activities are carried out within the framework of the
performance of the contracts entered into with you or for the
implementation of precontractual measures.
The specific details concerning the purpose of the processing
of your personal data primarily depend on the specific
product/service (see section 2). They can be looked up in the
corresponding contractual documents and in our terms and
conditions.
Fulfilment of legal obligations or grounds of public
interest
Processing of personal data may be necessary for the
purpose of fulfilling various legal obligations (e.g. from the
Banking Act, the Financial Market Money Laundering Act,
the Securities Supervision Act, the Stock Exchange Act,
etc.) as well as for prudential requirements (e..B the
European Central Bank, the European Banking Supervision,
the Austrian Financial Market Supervisory Authority, etc.) to
which the Bank is subject as an Austrian credit institution.
Examples of such cases are:
Notifications to the Money Laundering Reporting Office in
certain suspected cases (Section 16 FM-GWG)
providing information to the FMA in accordance with the
WAG and the BörseG, e.B. to monitor compliance with the
provisions on the market misuse of inside information
providing information to financial criminal authorities in the
context of a financial criminal procedure for an intentional
financial offence
Disclosure of information to federal tax authorities in
accordance with Section 8 of the Account Register and
Account Inspection Act
EBA Guidelines for loan origination and monitoring
Assessment and management of risks as well as validation
and improvements of the models
Credit scoring and affordability in lending
This credit scoring uses statistical comparison groups to
assess the default risk of loan seekers. The calculated
"score value" is intended to provide a forecast of the
probability of a requested loan being repaid. The
affordability calculation esimates the financial ability to repay
a loan. If the risk of default is too high or financial ability to
repay a loan is too low, the loan application is rejected.
We may process your personal data for the following
purposes (non-exhaustive list):
Verification of your identity
Measures for the prevention of money laundering
and terrorism financing
Compliance with the provisions concerning market
abuse and insider information
Compliance with the fiscal control and reporting
obligations (exchange of information with tax or
financial crime authorities)
Measures for risk assessment and management at
both the bank and the parent company
Based on your consent
If you have given your consent to the processing of your
personal data for specific purposes (e.g. for email
advertising), the processing activity performed on the basis of
your consent is deemed lawful. Your personal data will be
processed exclusively for the purposes and within the scope
defined in your declaration of consent. You may revoke your
declaration of consent at any time with effect for the future.
This also applies to declarations of consent given before entry
into force of the GDPR (25 May 2018).
Safeguarding of legitimate interests
If required for the safeguarding of our legitimate interests or
those of third parties, we will process your data beyond the
actual fulfilment of the contract based on the balancing of
interests. Data processing for the safeguarding of legitimate
interests occurs, for instance, in the following cases:
Consultation of and data exchange with credit agencies
(e.g. KSV1870/KKE) in order to identify credit and/or
default risks
Recording of telephone calls (e.g. in the context of
complaint management)
Assertion of legal claims and defence in the event of legal
disputes
Safeguarding of the Bank's IT security and the smooth
running of the Bank's IT operations
Prevention and investigation of criminal offences
Measures concerning the safety of buildings and
facilities and the protection of customers, employees and
the Bank's property (e.g. video recordings inside/in front
of branch offices)
Measures for the prevention of money laundering and
terrorism financing
General risk and business management measures as
well as measures for the development of products and
services
Personal data will only be processed and retained for as long
as necessary for the fulfilment of the aforementioned
purposes and, in any case, for the duration of the entire
business relationship as well as beyond this period in
compliance with the supervision requirements or statutory
retention periods, the statutory warranty periods or
contractual guarantee periods or whenever there are any
other lawful reasons that justify the retention on a case-bycase basis.
Your data will be deleted upon fulfilment of the purpose as
well as upon termination of the statutory retention periods, the
statutory warranty periods or the contractual guarantee
periods. In case of legal disputes, however, when the data
are needed as evidence, they will not be deleted before the
disputes are settled. The retention and documentation
obligations result, inter alia, from the Commercial Code, the
Federal Tax Code, the Banking Act, the Financial Market
Anti-Money Laundering Act and the Securities Supervision
Act 2018.
Within the scope of our due diligence obligations relating to
the prevention of money laundering and terrorism financing,
we are obliged to obtain and retain certain personal
documents and information at the time the business
relationship is entered into or whenever occasional
transactions are to be executed. In particular, we will retain
copies of the documents and information required for the
fulfilment of the due diligence obligations described. The
same applies to the transaction slips and records required for
the tracing of transactions.
The statutory limitation periods pursuant to the Civil Code of
Austria (ABGB) are to be considered as regards the retention
and storage periods. The ABGB stipulates a general limitation
period of up to 30 years (from the date of damage/occurrence
of the damage) and, in certain cases, a special limitation
period of three years (from the date on which the damage and
the injuring party are known). Where processing is based on
your consent, the data will not be deleted until you have
revoked your consent.
Within the Bank, only those departments and/or employees
that require your data for the fulfilment of our contractual,
statutory and supervisory obligations as well as for our
legitimate interests will be given access to your data. Apart from that, we may disclose your personal data to
processors
(service providers) if these comply with the data protection
requirements stipulated in writing in the order processing
agreements and if these are bound by confidentiality
obligations. In case we commission a processor, we remain
responsible for the protection of your personal data.
As regards the disclosure of data to recipients outside the
Bank, we point out that as a bank, we are obliged not to
disclose any customer-related information confided or made
available to us due to the business relationship (banking
secrecy according to § 38 BWG, Austrian Banking Act). We
are not entitled to disclose your personal data unless required
by legal and/or supervisory provisions. Besides, we may
disclose your personal information if you have given your
consent or released us from our secrecy obligation in writing.
Where this is strictly necessary for the aforementioned
purposes, we will disclose your personal data to the
categories of recipients mentioned below. However, this only
occurs to the extent necessary.
Parent company
Branch offices of our bank
Information services providers
Financial institutions, financial companies and financial
services providers
Society for Worldwide Interbank Financial
Telecommunication (S.W.I.F.T.)
Insurance companies
Building societies
(Supervisory) authorities
Austrian National Bank
Ministry of Finance
Administrative authorities, courts and public corporations
External legal representatives, notaries, tax consultants,
auditors and annual auditors
US tax authorities
Pension authorities
Creditor protection associations
IT services providers
Other service providers and partners
Collection agencies for the purpose of debt recovery
Data is not transmitted outside the European Union (to socalled third countries) unless required to execute your
orders,
stipulated by law (e.g. due to fiscal reporting obligations) or
allowed due to your consent.
If required in individual cases, we may transmit your data to
an IT services provider (processor) established in a third
country in order to ensure the smooth running of the Bank's
IT operations. However, this is done in compliance with the
European level of data protection. In this respect, we would
like to point out that we do not use processors outside the
European Union unless the European Commission has taken
an adequacy decision with regard to the third country
concerned, or unless we have agreed upon EU standard
contractual terms or binding internal data protection
regulations which oblige the processor to comply with the
European level of data protection.
Appropriate technical and organisational measures have
been implemented in order to ensure the protection and
security of your personal data. These technical and
organisational measures protect your personal data against
access by unauthorised third parties. They include, in
particular, an authorisation concept as well as procedural,
organisational and digital protective measures concerning
our IT infrastructure.
These measures are updated on a continuous basis using
state-of-the-art technology. Besides, they are regularly
checked within the framework of internal and external audits.
The processing of your personal data is automated with the
objective of evaluating certain personal aspects (so-called
profiling). Should we use these processes in individual cases,
we will inform you accordingly if required by law.
In particular, profiling is used in the following cases:
Due to statutory and regulatory provisions, we are
obliged to fight money laundering and terrorism
financing. To this end, we evaluate, for instance, your
payments and transactions. At the same time, these
measures are intended to protect you.
In the course of the granting of credits, we assess your
creditworthiness (credit assessment) using a scoring
system. This system uses recognised and proven
mathematical and statistical procedures. We use
statistical comparison groups in order to calculate the
default risk and/or the probability of the customers'
fulfilment of their contractual payment obligations. In
order to calculate this score value, we use, for instance,
the following data:
Basic data (e.g. marital status, number of children,
profession, employer, duration of employment)
Financial circumstances (e.g. income, assets,
expenses, existing liabilities, collaterals)
Payment behaviour and experience from previous
business relationships (e.g. credit history,
reminders, information provided by credit
agencies)
Moreover, we may evaluate your data in order to
appropriately inform and advise you on products. This is
done using evaluation systems (e.g. statistical
procedures). We use the results in order to be able to
contact you in a needs-based and target-oriented way.
Provision of your data
Within the framework of our business relationship, you are
required to disclose the personal data necessary for the
establishment and implementation of a business relationship
and compliance with the associated contractual obligations.
The same applies to data the collection of which is required
by law.
If you fail to provide us with the requisite information and
documents, we are not allowed to establish the desired
business relationship, enter into the contract and/or execute
the order.
Your data protection rights, especially your rights of
access, rectification and deletion
Every person whose data are or were processed by us has
the following rights, provided that these are not subject to
statutory limitations and do not infringe any statutory
provisions:
Right to receive information on whether personal data
are processed and, if so, on the nature of the data and
the extent of their processing
Right to rectification, completion and/or deletion of
the personal data
Right to restrict the processing of personal data
Right to transfer personal data
Right to object to a processing activity (under certain
conditions)
Right to revoke the declaration of consent at any
time. This revocation does not affect the lawfulness of the
processing activities that occurred as a result of the
consent up to the date of its revocation.
As regards the rights to rectification and deletion, the
restrictions stipulated in § 4 Section 2 of the Data Protection
Adjustment Act 2018 shall apply. Moreover, the person
concerned has the
right to file a complaint with the data
protection authority.
Information on your right to object
. Right to object on a case-by-case basis
You are entitled to object to the processing of your personal
data if it serves grounds of public interest and the balancing
of interests
If you file an objection, we will no longer process your
personal data unless we provide compelling legitimate
grounds for the processing that outweigh your interests, rights
and liberties. The same applies if the processing occurs for the
purpose of asserting, exercising or defending any legal claims.
Right to object to the processing of personal data for
marketing purposes
If, within the scope of direct advertising measures, you have
given your consent to the processing of your personal data
for marketing purposes, you are entitled to object to this type
of processing at any time without stating any reasons.
If you object to the processing for marketing purposes, we will
no longer use your personal data for these purposes.
The withdrawal of your consent can be addressed without a
form requirement via mail to DenizBank AG, Thomas-KlestilPlatz 1, 1030 Vienna or via
datenschutz@denizbank.at .
Supervisory authority responsible for monitoring
compliance with data protection regulations in Austria:
Österreichische Datenschutzbehörde
(Austrian Data Protection Authority)
Barichgasse 40-42
1030 Vienna
Tel:
+43 1 52 152-0
Website:
http://www.dsb.gv.at
dsb@dsb.gv.at
