Privacy Statement

Definitions

Subscriber: The Subscriber, also referred to as the Licensee, is the contracting party as defined in the SaaS Order Form and, as such, is responsible for complying with the terms set out therein. The Subscriber is also responsible for monitoring and managing the users of the system. The Subscriber ensures that the rights and permissions granted to users are in accordance with the provisions of the current Agreement. The Subscriber is able to upload, add, delete and amend information in the system. In addition, the Subscriber has full access to all reports and to the web application and manages user management for the web application, enabling the Subscriber to manage, modify and remove access rights.

The System or Platform refers to the online software application(s) made available by the Service Provider to the Subscriber and other Authorised Users.

To whom does this privacy statement apply and what does it cover?

This privacy statement applies to Finticx BV, company number 1010.776.721, with registered office at Zuiderlaan 14/12, 1731 Zellik, Belgium. Finticx is part of the Finvision group and, in carrying out its operational activities, may be supported by companies related to Finvision, meaning any company controlled or partly controlled by Finvision. The supporting activities carried out by these companies are performed in accordance with the same policies.

We are committed to protecting your privacy and to handling your information in an open and transparent manner. We aim to process all personal data in accordance with the General Data Protection Regulation (EU) 2016/679 (the “GDPR”).

This privacy statement explains how we collect, process, store and protect your information in relation to:

• the provision of services to our customers (Subscribers or users of the Subscriber);
• the use of finticx.com, our applications or other websites offered by Finticx; and
• all other activities carried out by Finticx that involve the processing of personal data.

If parts of this privacy statement conflict with contractually agreed clauses, the latter will take precedence.

What information do we collect? 

In the context of providing services to you or to our customers and carrying out due diligence checks linked to our services (or discussing possible services that we may provide), we will collect or obtain personal data about you. We may also collect personal data from you when you use our website, in the form of cookies.

We may collect or obtain such data because you provide it to us (for example via a form on our website), because others provide it to us (for example your asset manager, employer, adviser or external service providers that we use to perform our services), or because it is publicly available.

We may also collect or obtain personal data about you because we infer it from information generated through your interactions with us and others. For example, we (or our service providers) may use cookies (small text files stored in a user’s browser).

The personal data we collect or receive may include: your name; age; date of birth; gender; email address; telephone number; home address; place of residence; family situation; employment and education details; financial and tax-related information; property addresses and similar identifying information; your posts on public websites or social media that we provide; your IP address; your browser type and language; your login times; complaints; details of your use of our products and services; details of how you communicate with us; and other similar information.

The personal data we collect may also include so-called “sensitive” data or “special categories” of personal data, such as the national register number and details about your sexual orientation (for example if you provide us with information about your spouse or partner).

The types of personal data and special categories of personal data that we collect may vary depending on the nature of the services we provide to you or to our customer, or how you use our website. In certain special circumstances, we may also collect other special categories of personal data because you voluntarily provide that data to us or because we are required to collect that data as a result of legal obligations imposed on us.

Unless otherwise agreed by contract, Finticx acts as a data processor for the data entered into the platform by the end customer. This means that we carry out the processing in accordance with the contractual arrangements and the Subscriber’s reasonable additional instructions in this respect. For all other purposes, Finticx acts as a data controller and determines the purposes and means of the processing.

Both parties take appropriate technical and organisational measures to protect the personal data against loss or unlawful processing and ensure that persons who have access to the personal data under their authority are bound by an appropriate duty of confidentiality. For the Service Provider, the technical and organisational measures relating to data security are externally certified (ISO/IEC 27001:2022). We apply the measures set out in our Information Security Policy, which forms part of the Information Security Management System.

Our cookie policy

A cookie is a small text file placed on your device by a web server when you visit the site. It is a type of identifier that helps distinguish one user from another. A cookie is unique and can only be read by the server that provided it to you.

Cookies have different functions, which can be divided into three categories: functional cookies, analytical cookies and technical cookies. Functional cookies are cookies that are needed to allow the website to function, such as cookies that remember the language setting you selected or a choice not to be tracked. Analytical cookies are used, among other things, to measure the quality and effectiveness of the website, for example by recording visitor statistics. Technical cookies are necessary for the proper functioning of the website.

On our website, finticx.com, we use technical, functional and analytical cookies. These can always be consulted via the Cookiebot banner on our website.

How do we use information about you?

We will use your personal data to provide the requested services to you or to our customer. As a result, we may use your personal data in correspondence relating to the services provided. Depending on the modules you purchase from us and the data you upload yourself, the way in which we use the data may vary. For example, we use personal data:

• of the directors of a customer in order to comply with anti-money laundering requirements;
• when processing the data provided by you for the purpose of building automated reports;
• in the context of the use of our Finticx Helper Bot (in-platform AI assistant);
• when processing and linking documents provided by you in the document library;
• for applicable legal or regulatory requirements (including requests from competent public authorities);
• for administrative purposes;
• for financial administration, invoicing and risk analysis purposes;
• for customer relationship purposes;
• for organising physical and virtual events;
• for recruitment and business development;
• for direct marketing (after explicit consent);
• to protect our rights and those of our customers;
• for selection and recruitment;
• to manage and improve our website, where the personal data was collected via our website; and
• for the use of AI features as described in the SaaS agreement, via social media (including LinkedIn, Instagram, etc.) and when responding to Finticx-related communications or messages. We always recommend that you exercise caution when sharing information via social media, given its public nature. The privacy and cookie statements of the relevant platforms also continue to apply.

In all of the above cases and in all other cases in which we use your personal data, we give you the opportunity to opt out of our offers and requests at any time by contacting us. You can find our details below. In specific cases, where necessary, for example if you are not yet a customer, we will ensure that you give prior consent before we send marketing materials or other marketing requests (see also the next section).

The legal bases we use for processing personal data

We use your personal data for the purposes described above because:

• we are subject to legal and regulatory obligations, such as keeping records for legal or tax purposes or providing information to a public authority or judicial authority;
• the information is necessary in order to provide our services to you or to our customer (performance of a contract); and
• we have legitimate interests in the effective provision of our services to you or to our customer, as well as legitimate interests in the effective and lawful operation of our business, provided that such interests are not overridden by your interests, rights and freedoms.

To the extent that we process sensitive personal data relating to you for any of the purposes described above, we will do so because:

• you have given us your explicit consent to process that data;
• we are legally required to process that data in order to ensure that we comply with our “know your customer” and anti-money laundering obligations (or other legal obligations imposed on us);
• the processing is necessary for the establishment, exercise or defence of legal claims; or
• you have made the data public.

Recruitment

In the specific case where you contact us, or where we contact you, in relation to a vacancy, your personal data will be processed in the context of selection and screening. We then process a broad category of personal data provided by you to our recruiters:

• identification data;
• contact details;
• education history;
• date of birth;
• professional background;
• any reference contact persons;
• other personal data included in your CV and communications; and
• data made public via social media.

If your application is not successful, we will retain your data in our recruitment reserve for a period of twelve months. Through specialised platforms, you may be asked after this period to extend the retention period; without explicit consent, your data will be deleted.

If the selection process is successful, our internal privacy policy will apply to your personal data.

To whom do we disclose your information?

In connection with one or more of the purposes set out in the “How do we use information about you?” section above, we may disclose details about you to: other Finvision entities; specifically designated third parties that provide services to us; competent authorities; your employer and/or their advisers; your advisers; organisations that help us reduce incidents of fraud; and other third parties that need access to personal data relating to you for one or more of the purposes set out in the “How do we use information about you?” section above.

Finticx may use sub-processors (such as hosting and IT service providers) for processing, provided that it enters into written arrangements with those sub-processors that ensure at least an equivalent level of protection for the personal data. Finticx remains responsible towards the Subscriber for the processing carried out by these sub-processors. Upon explicit request, you can obtain insight into the processors we use for the application.

We may also need to disclose your personal data if this is required by law, by a regulator or in the context of legal proceedings.

Protection of your personal data

We use a range of physical, electronic and organisational measures to ensure that your personal data remains secure, accurate and up to date in accordance with our security policy.

Storage location

Unless otherwise agreed, your personal data will be stored within the European Economic Area (“EEA”) or in areas outside the EEA that are recognised by the European Commission as providing an adequate level of data protection, or on the basis of standard contractual clauses or international agreements. As data controller, you remain responsible for the impact assessment in the context of data transfers.

How long do we retain your data? 

We retain your personal data in our systems for the longest of the following periods: (i) as long as necessary for the relevant activity or services; (ii) any retention period required by law; or (iii) the end of the period during which legal proceedings or investigations could arise in relation to the services provided.

Your rights

You have several rights in relation to your personal data. In particular, you have the right to:

• obtain confirmation that we process your personal data and request a copy of the personal data we hold about you;
• ask us to update the personal data we hold about you or correct personal data that you believe is inaccurate or incomplete;
• ask us to delete personal data we hold about you or restrict the way in which we use such personal data;
• withdraw your consent to our processing of your personal data (to the extent that such processing is based on consent);
• receive a copy of the personal data concerning you that you have provided to us in a structured, commonly used and machine-readable format and transmit that personal data to another party (to the extent that the processing is based on consent or on a contract); and
• object to our processing of your personal data.

To exercise your rights, or if you have any other questions about our use of your personal data, you should in the first instance contact the Subscriber. You can also contact us directly by emailing privacy@finticx.com or by writing to us at the address below:

Finticx BV
Zuiderlaan 14/12
1731 Zellik
Belgium

We will then contact the Subscriber on your behalf for the exercise of your rights.

You can also use these contact details if you wish to lodge a complaint with us in relation to your privacy. We prefer to be contacted by email.

Changes to this privacy statement

We may amend this privacy statement at any time.

To let you know when we amend this privacy statement, we will place the revision date at the top of this page. The new amended statement will apply from that revision date. We therefore recommend that you check this regularly, so that you remain informed about how we protect your information.