Octabis (including its future direct and indirect subsidiaries, any holding companies and related companies) is a duly incorporated and registered international company operating in various jurisdictions (hereinafter referred to as Octabis or also We).
Please note, that other Octabis internal documents (for instance, General Terms and Conditions) may provide additional information about the processing of your personal data.
Please be also advised, that personal data processing and conditions thereof as specified in the Policy shall be applicable to personal data of natural persons who are customers or representatives of the customers, or other natural persons.
We assume that before using our website or becoming our customer you have read this Policy and have accepted its terms and provisions. This is the most recent version of the Policy. We reserve the right to make amendments and/or update this Policy from time to time.
For the purposes of this Policy and with respect to Octabis applicable law and regulations currently in force, personal data means any direct or indirect information in relation to identified or identifiable person, whose data is processed by Octabis. Identifiable person is a person that can be directly or indirectly identified.
Octabis mainly performs personal data processing for purposes of entering into assets purchase transaction with the customer, as well as Octabis performs personal data processing before establishment of a business relationships (inter alia, but not limited, to KYC purposes), if you has applied for said purpose to span.italicOctabis.
We perform your personal data processing during the validity term of business relationship between us and after termination of business relationships, in order to fulfil requirements under applicable lawand regulations and in order of protection of our legitimate interests (for example, for debt recovery).
We may request, obtain, collect personal data from customer itself or its representatives, authorised persons, or other persons related to customer (if any), from public and private registers or other third persons.
Octabis shall ensure confidentiality of personal data, protect it from unauthorised access, illegal processing disclosure, accidental change (amendments, corrections), loss or destruction by implementing organisational and technical measures in accordance with the requirements of the applicable law and regulations.
Octabis processes mostly, but not only, the following categories of personal data:
- Identification data: name, surname of the customer itself or its representative, authorised person, or other person related to customer (if any), personal identity number, date of birth, place of birth, country of residence, registered and actual place of residence, data of identification document: number, issuing authority, issuing country and institution, date of issue, validity term, as well as the copy of the document with the digital or photo image of the person’s face.
- Transaction information: correspondence address, if different from the registered (domicile) address, telephone number, e-mail address, work experience, origin of funds and wealth of source, credits and loans, and other payment liabilities, experience, bank’s account information, information regarding criminal record of the customer (for assessment of reputation), any other financial information.
- Data obtained and generated as a result of due diligence performed on the customer and his or her transactions.
- Data resulting from requests of bankruptcy and insolvency administrators, bailiffs and other law enforcement authorities and their enforcement.
- Tax issues activity: residence for tax purposes and taxpayer number; information regarding economic, personal and professional activity.
- Audio and video recordings.
- Other information and data requested, collected and obtained by Octabis in order to fulfil obligations to be executed by Octabis in relation to prevention of money laundering and terrorism financing as well as to perform requirements of other applicable law and regulations for protection of Octabis activity, risk management and legal and economic interests.
When completing the application or communicating with us over email, you thus disclose your given name, family name, national identity number (NIN) or other identification data. In this regard you thereby expressly authorise Octabis to process the aforesaid data in accordance with this Policy and Octabis General Terms and Conditions.
Octabis processes and stores personal data for the purpose they were collected, obtained and used for. In relation to the purposes mentioned in this Policy, Octabis shall have the right to update and upgrade personal data of customer and persons related to customer. Octabis has right to create and maintain the lists personal data, to perform customer risk assessment and change it, to determine and withhold fees owed to Octabis in accordance with the General Terms and Conditions of span.italicOctabis.
Main basis for personal data processing:
- Applicable law and regulations;
- General Terms and Conditions;
- Legitimate interest;
- Customer’s consent.
We implement the respective measures to process your personal data in accordance with the applicable law and regulations and ensure that your personal data is not accessed by third parties who do not have the appropriate legal basis for processing of your personal data.
If need be, your personal data may be accessed by:
- our employees or directly authorised persons who need it to perform their job duties;
- personal data processors in accordance with their services, and only in the scope required;
- supervisory authorities in the cases specified in the applicable law;
- third parties upon thorough assessment of whether such data transfer has an appropriate legal basis: law enforcement authorities, tax authorities, sworn bailiffs, investigation bodies in the cases specified in the legal enactments; sworn notary offices; courts, out-of-court dispute resolution bodies, bankruptcy or insolvency administrators;
- third parties maintaining registers (for instance, population registers, credit registers, commercial registers, securities registers and other registers that contain or transfer personal data);
Octabis may transfer personal data to the third party in order to comply with the requirements of the Octabis applicable law and regulations, as well as to perform a respective transaction. We implement the respective measures to ensure the processing, protection and transfer of your personal data to data processors in accordance with the applicable law and regulations.
We carefully select personal data processors and, when making data transfer, we evaluate its necessity and the amount of data to be transferred. Data transfer to processors is carried out subject to the requirements of confidentiality and secure processing of personal data.
Hereby customer has been informed and agrees that in order to perform the obligation imposed by applicable law, Octabis may have a necessity to transfer personal data to third party which may be registered and operates outside the EU or EEA, and that has not been included by the European Commission in the list of countries with adequate level of personal data protection. Therefore, the customer is aware that Octabis may not ensure that personal data can be processed in accordance with equal requirements effective in the EU or other country where the personal data protection is on an adequate level in accordance with the EU requirements.
Octabis processes personal data available in public and private registers, public sources and websites or that have been received from the third party and have been submitted to Octabis in compliance with the regulatory enactments binding to the third party.
Your personal data is stored for as long as its storage is required for the respective personal data processing purposes as well as under the requirements of the applicable lawn and regulations. When assessing the personal data storage duration, we take into account the requirements of the applicable law, contractual obligation fulfilment aspects, your instructions (for instance, in the case of consent) as well as our legitimate interests. If your personal data is no longer required for the purposes specified, we will erase or destroy it. Octabis shall have the right to determine a new purpose for certain personal data in certain cases, if arising due to regulatory enactments or, or if is required in order to protect of Octabis legal interests.
Customer shall have the right to gain insight on personal data processed by Octabis, for what purposes these are used and obtained, what are the storage periods thereof and what are the receivers of personal data. Customer may receive personal data about themselves submitted by them and which Octabis processes on the basis of customer’s consent or General Terms and Conditions.
Customer is entitled to recall at any time it’s consent provided for personal data processing. However,
please be advised, that the withdrawal of consent cannot affect the processing of personal data that is
required to fulfil the statutory requirements or is based on a contract, our legitimate interests or other
bases specified in the applicable law for the lawful processing of data. You may also object to the
processing of your personal data if personal data processing is based on legitimate interests or is used
for marketing purposes (for instance, to send commercial messages).
Customer may request to correct personal data if these have been changed or not corresponding to reality due to other reasons, unless prohibited or restricted by the law applicable to Octabis. In accordance with the provisions of the General Data Protection Regulation you are entitled to request that we ensure access to your personal data at our disposal, request its rectification, erasure, processing restriction, object to the processing of your data, and the right to data portability in the cases and under the procedure specified in the General Data Protection Regulation.
We respect your right to access and control your personal data, therefore, upon receipt of your request we will respond to it within the time limits specified in the applicable law (usually not later than within one month if there is no specific request that takes more time to prepare a reply) and, if possible, will either rectify or erase your personal data.
Customer’s rights may be restricted in relation to personal data processing and receiving information regarding acquisition of data in cases specified in legal regulations applicable to Octabis, as well as for provision of the confidentiality and legal interests of Octabis and third parties as well.
You can obtain information about your personal data available to Octabis or exercise your other rights as the data subject by emailing the respective application to firstname.lastname@example.org.
Please note, that we are aware that personal data is a value for you and we will process it in accordance with the confidentiality requirements and taking care of the security of your personal data at our disposal.