Confidentiality policy (privacy notice)
Raison Asset Management takes confidentiality and security of information very seriously. Protection of your personal data1 is among our key priorities.
In order to respect your rights and freedom related to the protection of your personal data, we developed this Confidentiality Policy, which describes the grounds and purposes of personal data processing.
Threesixty Elements S.A. (8 The Green, STE B, Dover, Delaware, 19901, United States) (hereinafter, the Investment company\Raison Asset Management) hereby informs individuals located in the European Union or whose personal data have been obtained from the European Union in relation to the goods or services offered to them by the Investment company, or whose behavior in the European Union may be monitored by the Investment company (hereinafter, the “Data Subjects”), about their rights, as well as the terms and conditions of personal data processing in accordance with the requirements of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR).
Terms and conditions of personal data processing in Raison Asset Management
As part of its activities, the Investment company processes various categories of personal data. This section is about how and on what grounds Raison Asset Management processes your personal data, and the rights you have in relation thereto.
Lawfulness of personal data processing
Raison Asset Management processes your personal data in strict compliance with the legislation. Personal data may be processed in the following cases:
1. The data subject has given explicit consent to the processing of his/her personal data for one or more specific purposes*;
2. The processing is required for the carrying out of a contract to which the data subject is a party to or in order to take steps at the request of the data subject prior to entering into a contract;
3. The processing is required for the Investment company’s meeting of its legal obligations;
4. The processing is required for protecting the vital interests of the data subject or another natural person;
5. The processing is required for performing tasks in the interests of the state;
6. The processing is required for the purpose of securing legitimate interests of the Investment company or of a third party, except for the cases where such interests contradict the interests or basic rights and freedom of the data subject, which require personal data protection, for instance, if the data subject is a minor.
*With the written consent of the data subject, the Investment company can use the personal data obtained to make decisions based on automated data processing only
What personal data we process and what for?
As part of its activities, the Investment company processes personal data of various categories. The list of personal data being processed contains, amongst others, the following data categories / the following information:
1. General information about the subject (e.g. full name, contact details, passport data, citizenship, etc.);
2. Financial standing (e.g. credit history, income, assets possessed, etc.);
3. Social status (profession, time in employment, education, family status, etc.);
4. The information collected and accumulated by the Investment company during the provision of services to the data subject, including the information about the history of using the Investment company’s products;
5. Photos and/or videos;
6. Information on the actions on websites and in mobile applications of the Investment company, as well as data about the devices used (such as geolocation, IP addresses, Cookies, etc.);
7. Special categories (biometrics)1.
We collect and process personal data for explicit purposes, including the following:
1. Conclusion of any agreements and their further performance with natural persons;
2. Investment company’s holding of promotions, surveys, studies;
3. Provision of information on the services rendered by the Investment company, the Investment company’s development of new products and services;
4. Notification of clients about offers of the Investment company’s products and services;
5. Formation of statistical reports;
6. Attraction and selection of candidates for employment with the Investment company;
7. Regulation of employment relations and other directly related relations;
8. Investment company’s performance of obligations stipulated by employment legislation, social welfare, and security laws;
9. Detection of unlawful acts, and prevention of such unlawful acts in future;
10. Interaction with clients, counterparties, and state / supervisory authorities.
1. Biometrics means personal data obtained through special technical processing which relate to physical, physiological, or behavioristic specifics of the natural person, and which also make it possible to unambiguously identify this natural person or confirm, for example, the image of their face or dactyloscopy data (Article 4(14) GDPR). Biometrics is the process when the processing is required for the purposes of complying with labor law, social welfare and safety law, in order to ensure the safety of the Investment company’s employees and visitors, and in other cases stipulated by the law
How do we collect personal data?
Raison Asset Management obtains personal data of the subjects strictly for achieving the predefined purposes or legal requirements compliance in various ways, including:
- directly from potential or current clients of the Investment company (their representatives, intermediaries, sureties) or via third parties;
- directly from employees from Raison Asset Management, their close relatives, natural persons who have concluded civil contracts with the Investment company or who are members of the Investment company’s management bodies;
- directly from candidates to positions or from external recruiting firms;
- from state authorities and organizations;
- by means of collection and accumulation of new personal data during interaction with the data subject (products, transactions, recurrence history), during the use of the websites and mobile applications of the Investment company by the personal data subjects (geolocation data, IP addresses, actions on the websites and applications) or by lawfully obtaining the above-mentioned data from third parties;
- from publicly available sources.
How long do we keep your personal data?
Raison Asset Management retains personal data of data subjects for no longer than it is required in accordance with the purposes of personal data processing. The storage period may be established by the law or set forth by the consent provided to the Investment company by the personal data subject. Upon the expiration of the storage period, personal data must be destroyed or anonymized.
We respect your rights and aim to make sure that you are aware of your rights. Every data subject whose personal data is being processed by the Investment company has the following rights:
Access to personal data
The data subject has the right to request the confirmation of his or her personal data processing. In case of such processing, the data subject has the right to familiarize himself or herself with the personal data being processed, as well as with information about the purposes of the processing, the categories of data being processed, the actions with the data, the receivers of the data and the guarantees when the data is transferred to third parties, the period of processing, the sources of the data, and whether decision-making is fully automated. The data subject also has the right to obtain the list of the personal data being processed.
Form of consent to personal data processing
In those cases when the Investment company uses the consent of a data subject as a basis for processing their personal data, the data subject has the right to revoke the consent at any time. Each consent to personal data processing granted by a data subject to the Investment company stipulates for its revocation procedure: if they want to revoke any of the consents granted to the Investment company, the data subject has the right to apply the procedure stipulated in the relevant consent.
Changes in the personal data
The data subject has the right to demand changes in their personal data if there are inaccuracies in the personal data being processed by the Investment company. Taking into account the purposes of data processing, the data subject has the right to supplement the personal data, including by submitting an additional application.
Personal data processing limitations
The data subject has the right to initiate limitations on the processing of all or a part of their personal data if one of the following conditions is met:
- the accuracy of personal data is being contested by the data subject (limitation for the period necessary for the Investment company to confirm the accuracy of the personal data);
- unlawful personal data processing has been revealed, the data subject opposes deleting the personal data and demand limiting the use thereof instead;
- Investing company does not need the personal data for the purposes of processing anymore, but the data subject needs the personal data for the purpose of substantiation, performance, or as part of legal proceedings;
- the data subject opposes their personal data processing (limitation for a period necessary for the Investment company to confirm whether the Investment company’s legal grounds for personal data processing prevail over the lawful claims of the data subject).
Deletion of personal data
The data subject has the right to demand the deletion of their personal data from the Investment company’s systems and/or other existing tangible media if one of the following conditions is met:
- the personal data is no longer required for the purposes for which they have been obtained;
- the data subject withholds the consent on the basis of which the processing has been carried out if there are no other legal grounds for the processing;
- the data subject opposes their personal data processing (if there are no prevailing legal grounds for the personal data processing);
- the personal data is being processed unlawfully;
- the personal data must be deleted to ensure compliance with a legal obligation in accordance with legislative requirements;
- at the moment of personal data collection, the data subject is a minor citizen, and the data has been obtained with the consent from their legal representative for the provision of services using remote service channels (information society services) directly for the minor person.
The data subject has the right to demand the list of their personal data provided to the Investment company for the processing thereof in a structured, uniform, and machine-readable format, and to instruct the Investment company to transfer their personal data to a third party if the Investment company has the technical possibility to do so. In this case, the Investment company shall not be responsible for further actions of a third party related to the personal data.
Opposing personal data processing
The data subject has the right to oppose the processing of all or a part of the list of their personal data for the purposes indicated when the personal data was provided for the Investment company, except for the cases where the legal grounds for personal data processing prevail over the interests, rights, and freedoms of the data subject or where the processing of the personal data is necessary for substantiation, execution or defense in legal proceedings.
Refusal to carry out marketing activities
The data subject has the right to demand to limit their personal data processing for the purpose of marketing activities carried out by the Investment company.
Filing complaints with a national supervisory authority
The data subject has the right to file with a supervisory authority in case the Investment company somehow violates its rights in relation to personal data processing.
The complaint may be filed to the supervisory authority of a country of the subject’s permanent residence in the EU, the country of their work, or the country in which the subject believes their rights have been violated.
In order to find the relevant supervisory authority to file the complaint with, you can use the list on the website of the European Data Protection Board.
Do we transfer your personal data to anyone?
In accordance with the predefined purposes and legislative requirements, the Investment company can transfer personal data to the following categories of third parties:
- companies within Raison Asset Management;
- external counterparties;
- public authorities or other bodies to ensure compliance with legislative requirements.
Security guarantee in case of cross-border transfer of data
To transfer personal data to third parties located in the countries that do not ensure adequate protection of personal data as defined in GDPR, agreements are concluded with relevant third parties containing Standard Contractual Clauses (SCC) adopted by the European Commission or the supervisory authority and approved by the European Commission, which guarantee the observance of the rights and freedoms of personal data subjects.
The list of third parties and the personal data transferred to them and copies of the applied SCCs in such agreements may be requested from the manager responsible for the organization of processing and protection of the Investment company’s personal data.