Data Protection

Our privacy policy is very important to us. In our privacy policy section, you will find all the essential information on the topic.
DenizBank AG offers transparency, security and integrity regarding the handling of your personal data. We are committed to processing your data with the utmost care and to protecting them against any misuse. Due to the EU General Data Protection Regulation – which has entered into force on 25 May 2018 – and the Data Protection Adjustment Act 2018, special provisions will apply in addition to the existing statutory regulations with regard to the processing of personal data.

Below you will find an overview on how we process your personal data as well as information about your rights under the EU General Data Protection Regulation.

We kindly ask you to share this information with current and future authorised representatives as well as with any co-debtors.

Our privacy notices (pursuant to Articles 13 and 14 of the General Data Protection Regulation) provide you with detailed information. You may download the applicable versions or send us a request if you would like to receive them in paper form.

Contact details of the data controller and the data protection officer

Data controller:
DenizBank AG
Thomas-Klestil-Platz 1 1030 Wien
Tel: +43 (0) 505-105 2000
Fax: +43 (0) 505-105/2029
Email
Data protection officer:
DenizBank AG
Mag. Andreas Waberer
Thomas-Klestil-Platz 1
1030 Wien
Email

Information about the data we process

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.

Purpose and legal basis of the processing of personal data and their retention periods

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.

Disclosure of your data

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 transmission to third countries

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.

Security of your data

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.

Cookie Policy – Information on the collection of personal data when visiting our website

Scope of the data processing activity

Our website uses cookies. Cookies are small scripts that are sent by us to the browser of your personal device during your visit to our website and are then stored there. Some functions of our website cannot be offered without the use of technically necessary cookies or the use of optional cookies. Other cookies let us to perform various analyses. Cookies are, for example, able to recognize the browser you are using when you revisit our website and to transmit various information to us. With the cookies, we can also make our website more user-friendly and effective for you, e.g. by tracking your use of our website and determining your preferred settings (e.g. country and language settings). If third parties process information via cookies, they collect the information directly via your browser. Cookies do not cause any damage to your end device. They cannot execute programs or contain viruses. Various types of cookies are used on our website. Their type and function are explained in detail below:

Our website uses transient cookies that are automatically deleted as soon as you close your browser. This type of cookies allows for recording your session ID. Thereby, different requests of your browser can be assigned to a common session and we can recognize your end device during subsequent website visits within a session.

Persistent cookies are used on our website. Persistent cookies are cookies that are stored in your browser for a longer period of time and transmit information to us. The respective retention period differs depending on the cookie. You can delete persistent cookies independently via your browser settings.

Essential Cookies

These cookies are required for technical reasons so you can visit our website and use functionalities offered by us, in particular: language settings, the use of our online forms and information we need for billing partner services and to store your settings regarding your consent to the processing purposes.

Statistical and marketing cookies (optional cookies)

Statistical cookies enable us to analyze website usage and improve the performance and functionality of our website. For example, information is collected about how users utilize our website, which pages are accessed most frequently, or whether error messages are displayed on certain pages. In addition, these cookies contribute to a secure and compliant use of the

Furthermore, we might use marketing cookies for advertising and for analysis of our marketing measures. In this case, we monitor your user behavior in order to be able to offer you personalized advertising. We process marketing cookies for a maximum period of three years or until earlier withdrawal of consent. Such withdrawal of consent does not impact the lawfulness of the processing carried out up to the time of withdrawal.

In connection with optional cookies, we also use tracking and analysis tools to ensure the continuous optimization and customized design of our website. With the help of tracking tools, it is also possible for us to statistically record the use of our website by users and to further develop our online services for you using the experience gained.

For detailed information on each of the Cookie Services as well as the tracking and analysis tools and our partner services within and outside the EU please see the Cookie Preferences.

Cookie Preferences and legal basis for the use of cookies and tracking and analysis tools and data transfer outside the EU

You can change your cookie preferences at any time in the Cookie Preferences.

We use optional cookies and related tracking and analysis tools only on the basis of your consent. You may withdraw your consent in whole or in part at any time in the Cookie Preferences. The revocation does not affect the lawfulness of the processing already carried out. We process technically necessary cookies and related data on the basis of our legitimate interest in ensuring the proper functionality of this website.

If you agree only to the use of technically necessary cookies, the functionality of our website may be limited.

Considering the purposes of processing described above under lit. a., the legal basis for the processing of personal data using essential cookies is Art. 6 (1) lit. f GDPR. If you have given us your consent to the use of optional cookies and tracking and analysis tools based on the notices we provide on the website ("Cookie Banner" or Cookie Preferences), the lawfulness of the use is based on Art. 6 para. 1 lit. a GDPR.

Please note that our website is hosted by our service provider Intertech Bilgi İşlem ve Pazarlama Ticaret A.Ş. in Turkey. For this purpose, appropriate safeguards in form of the applicable version of the standard contractual clauses of the European Commission pursuant to Art. 46 para. 2 lit. c DSGVO together with corresponding technical and organizational measures have been implemented.

Cookie related data retention period

As soon as the data transmitted to us via cookies is no longer required to achieve the purposes described above or, in case of optional cookies, you have revoked your consent to the use of individual or all cookies or, in case of advertising cookies, the storage period specified above has expired, the related data will be deleted within GDPR-compliant erasure periods. Longer retention periods may apply in individual cases if required by law.

Browser Configurations

Most browsers are set to accept cookies by default. Anyway, you can configure your respective browser so that it only accepts certain cookies or no cookies at all. However, please note that you may no longer be able to use all the functions of our website if your browser settings disable cookies on our website. You can also delete cookies already stored in your browser via your browser settings or have the storage period displayed. Furthermore, it is possible to set your browser to notify you before cookies are stored. Since the various types of browsers can differ in their respective functionalities, please refer to the respective help menu of your browser for the configuration options.

If you want a comprehensive overview of all third-party accesses to your browser, we recommend installing specially developed plugins for this purpose.

Automated decision-making and profiling

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.

Your rights and obligations

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 Email .

Further information

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
Email