Privacy Policy and Data Protection

 

Because we respect you privacy we are committed to handle your personal data carefully. We kindly ask you to thoroughly read this Privacy Policy and Data Protection (hereinafter: the Policy). We have attempted to prepare the Policy in colloquial and clear language including as little legal terminology as possible.

Controller of your personal data is DigitALPS Ltd., located at Slovenska cesta 54, 1000 Ljubljana. The Policy is based on General Data Protection Regulation (hereinafter: GDPR)[1] and it puts forth the rules by which we collect, manage, store or process your personal data, acquired through our website www.digitalps.eu. For any questions, comments or complaints we are always available to you at legal@digitalps.eu.

Consent

The Policy applies to anyone deemed 'a user' pursuant to Terms and Conditions of Use of the website www.digitalps.eu, namely anyone that visits any part of that website. By selecting 'Accept and Continue' in the pop-up window you consent to all the terms of the Policy. If you do not agree with the terms of the Policy, we cannot enable you to use the website.

The Policy is the basis for lawfulness of the processing of your personal data. However, some parts of the website offer services (such as subscription to our newsletter, request for qualification as a professional investor) for the procurement of which we require an additional consent to the processing of your personal data.

The Policy is regularly updated, as we strive to conduct our business in accordance with European and Slovenian data protection legislation. We will try to notify you of any significant changes to the Policy without unnecessary delay. Keep in mind that visiting the website without consenting to the momentarily valid policy is not possible.

  1. Personal data

1.1. The term 'personal data' refers to any information relating to identified or identifiable individual, which we acquire directly or indirectly from you.

1.2. We collect different types of personal data for various purposes. We distinguis between three groups of users of our website. The first group consists of users that merely surf the website. The second consists of users that subscribe to our newsletter. The third consists of users that file a request for qualification as a professional investor through the website and hence trigger the qualification process. For each of these groups we only process the personal data necessary to achieve the stated purpose.

  1. Collecting Personal Data

2.1. We collect personal data you provide us with, for example:

  • when you submit fulfilled form in relation to one of our services,
  • when you cooperate with our support or marketing department through telephone, live meetings or electronic messaging,
  • when you use our website or our services,
  • when you submit your personal data for any other reason.

2.2. Some personal data is automatically collected and stored with the use of cookies. Cookies are small text files, saved by the website on your computer. They are designed in a way to allow our website to recognize you when you visit it. Cookies enable you to have a more interactive and efficient experience with our website. They are used only for the purpose of statistical analysis of the use of and optimal performance of our website. For instance, cookies save your settings on our website (language preference), note your approximate geografical location, browser information, the model of your computer, the operation system you use, IP address, MAC address and other technical information in relation to the device used for access to our website. They serve to reveal surfing habits by gathering some basic user information, allowing us to achieve our stated purpose.

Often the use of cookies does not reveal the identity of the user. Duration of cookies varies and they are automatically deleted after their expiry date. A user may delete them oneself or one can disable them in one's browser. When the use of cookies is completely disabled, we cannot guarantee the proper functioning of our website.

Anytime you visit our website we notify you that we use cookies. They are not offered to third party service providers nor are they used for advertisement purposes. By selecting 'Accept and Continue' in the pop-up window you consent to the use of cookies. If you do not agree with the use of cookies, we cannot enable you to use the website.

2.3. When you provide us with third person’s personal data (for example, personal data of your spouse, children, parents, employees or others) we assume you have the necessary consent of such third person to provide us with their personal data for the processing purposes of this policy.

2.4. You must make sure that all personal data you provide us with is perfect, accurate, truthful and authentic. If not, we cannot efficiently provide you with our services or enable you to exercise your rights.

  1. Processing purposes of your personal data

3.1. Primary processing purposes

The purpose of collecting and processing your personal data depends on the way you use our website, namely are you merely surfing, have you subscribed to our newsletter or have you filed a request to be qualified as a professional investor.

When only surfing, we do not collect other personal data, aside from that collected through the use of cookies and processed with the purpose of statistical analysis of the use of our website and to ensure its optimal performance.

When you subscribe to our newsletter, we need you to provide us with your email address. This personal data is processed exclusively to send you our newsletter.

When you trigger the qualification process by filing a request for a qualification as a professional investor and you are a natural person, we need you to provide us with the following personal data: name, surname, e-mail address and phone number. However, when you trigger the qualification process and you are a legal person, we need you to provide us with the following personal data: name and surname. Such personal data and other data not deemed personal according to GDPR, is processed exclusively to execute the qualification process in accordance with Financial Instruments Market Act.[2]

3.2. Related processing purposes

Depending on the way you use our website we may, when we deem it necessary and within the scope of the primary processing purposes, collect and process the personal data you provided us with also to:

  • respond to you inquiries and resolve your complaints,
  • perform administrative tasks,
  • verify you identity in publicly available databases or third person’s databases,
  • better understand the way you use our website,
  • improve your user experience on our website,
  • execute market analysis research to better understand the demographics of the users of our website,
  • perform activities necessary to execute the investment in the funds we manage,
  • check personal data’s inner compliance and veracity,
  • analyse business risks and to discover and prevent illicit activities and other abuse of the website,
  • monitor our interactions with you,
  • review our legal obligations and to ensure our legal compliance,
  • resolve disputes,
  • ensure provision of our services in relation to the management of alternative investment funds (for example, to execute buy or sale orders),
  • statistically analyse the use of the website.

The processing of your personal data under the points above is related exclusively with three primary purposes of processing described in point 3.1. Hence it is possible, that your personal data is processed, aside for the primary purposes, for related purposes as well. It is not, however, necessary that your personal data will be processed for all related purposes under the points above.

For example, when you merely surf our website, we may also process your personal data for the purposes of preventing abuse of the website. When subscribing to our newsletter, we may process your personal data to resolve your complaints, reply to your inquiries or something similar. Successfully concluded qualification process may entail our need to execute some preparatory activities for an investment in selected fund (preparing of documentation or other).

Therefore, the processing of your personal data for the related purposes is always connected to primary processing purposes, limited and proportional to your use of our website.

Your personal data will not be used for any other purpose not stated in this policy, without obtaining your explicit consent in advance. Occasionally you may be asked to consent to the sharing of your personal data to third persons. If we do not receive your consent in such cases, we may not be able to provide you with a part of our services.

  1. Storing and security of your personal data

As we respect your privacy, the personal data collected through our website is safely stored. We use appropriate physical, technical and administrative measures to ensure the security and confidentiality of your personal data in accordance with the law. For example, your electronically stored personal data is password protected, while personal data in physical form is stored in locked and secured spaces. Access to your personal data is enabled only to our employees or contractual partners that require them in order to perform their work assignments.

We cannot guarantee with absolute certainty there will be no loss, modification or abuse of your personal data. In spite of all our security measures and our attempts to ensure the processing of your personal data only for the purposes declared herein, there always remains a risk of loss, modification or abuse of your personal data. This is especially the case during the transfer of your personal data from you to us with the use of our website, through phone or by and other method. If you think the loss, modification or abuse occurred, we ask you to inform us immediately and without hesitation.

  1. Sharing of your personal data

5.1. We strive to make your personal data available only to persons with a legitimate interest. Your personal data may be shared only with persons that cooperate with us in the provision of our services and only for the purposes described above. Sharing of your personal data in such cases is done only to the extent that is absolutely necessary to fulfil the purpose of the processing of your personal data. Your personal data is not being sold or rented. Persons with whom we might share your personal data in accordance with this policy are:

  • employees, contractual partners or other persons who, on the basis of a contract, cooperate with us in the provision of our services,
  • individuals or companies that deal in insurance or consulting,
  • individuals or companies that help us conduct our business, such as curriers, telecommunication service providers, payment services providers, market analysts and similar,
  • banks, credit institutions or brokers,
  • auditors,
  • other persons to whom your personal data is revealed on the basis of your explicit consent or when we are obliged to reveal your personal data to ensure compliance with the law.

5.2. Your personal data may always be shared with third persons:

  • to prevent abuse, we verify your identity by using publicly available databases or third person’s databases,
  • when such third persons are interested to become an investor in DigitALPS d.o.o. or with whom we intend to merge. In cases of an entry of a new investor or a merger, you will be notified and we will ensure continuance of the provisions of this policy within the new ownership structure,
  • if required to by a court of law or other state authorities,
  • if revealing your personal data might prevent significant harm to any persons or their property,
  • if revealing your personal data is necessary to prevent illicit activities or to the conduct of investigation of possible breaches of the law or the rules, governing the use of our website.
  1. Your rights

6.1. Right of access

You may at any time request a confirmation on whether or not we process your personal data. If we do, you may request access to your personal data and information about the purpose of its processing, types of personal data, users, to whom you personal data was revealed, anticipated duration of storing your personal data and other information in accordance with Article 15 GDPR.

6.2. Right to rectification

You may at any time request that we rectify inaccurate personal data relating to you or to complete incomplete personal data, while taking into account the purposes of the processing.

6.3. Right to be forgotten

You may request that we erase your personal data without undue delay, when reasons for the processing no longer exist; when you withdraw your consent and the processing cannot continue on any other legal ground; when you object to the processing and there are no overriding legitimate grounds for the continuation of the processing; when your personal data has been unlawfully processed; or when on any other ground available under the GDPR.

  1. 4. Right to restriction of processing

In the following cases, you may request that we restrict the processing of your personal data:

  • if you contest the accuracy of the personal data, you may request a restriction for a period enabling us to verify the accuracy of your personal data,
  • when the processing is unlawful and you oppose the erasure of your personal data,
  • when we no longer need your personal data for the purposes of the processing, but you require it for the establishment, exercise or defence of legal claims,
  • if you had objected to the processing of your personal data (see below Right to object), for a period needed to verify whether our legitimate ground for continuance of the processing override your own.

6.5. Notification obligation

You may at any time request, that we notify you of the users to whom your personal data had been revealed.

6.7. Right to data portability

You may request, that we provide you with your personal data in a structured, commonly used and machine-readable format and have us transmit it to another controller, where the processing is based on consent or on a contract and is carried out by automated means.

6.8. Right to object

When we process your personal data for the purposes of the legitimate interests we might pursue, you may, due to reasons related to your special circumstances, object to the processing. In such cases we will discontinue the processing of your personal data, unless we demonstrate the existence of compelling legitimate grounds for the processing which override your interests, rights and freedoms or if the continuation of the processing is necessary for the establishment, exercise or defence of legal claims.

Whenever your personal data is process for the purposes of direct marketing, you may at any time object to such processing. In this case, we will immediately discontinue with the processing of your personal data.

6.9. Right to withdraw consent

You may at any time withdraw your consent to the processing of your personal data. Withdrawal of the consent does not affect the lawfulness of processing up until the withdrawal.

6.10. Right to legal recourse

At any time you may file a complaint against us with the Information Commissioner of Republic of Slovenia.

6.11. Costs

While performing the rights granted to you by the GDPR, we will not charge you any costs, unless when your request is clearly unfounded, repetitive or excessive. In such cases, you will be charged with reasonable costs.

  1. Your cooperation

To enable you the performance of your rights under the GDPR and at the same time to ensure the security of the personal data we process, you might be required to cooperate with us in handling your requests (for example, cooperation with identity verification process, communication with us to grant your requests as quickly as possible and other forms of cooperation).

  1. Time

We strive to grant your requests as quickly as possible. We are convinced that handling your request should not take more than a month, but occasionally, due to complexity of your request or a temporarily increased volume of other requests, it may take longer. In that case, you will be regularly notified on the status of your request resolution process.

  1. Duration of storage of your personal data

We will store your personal data for a period required to process it for the declared purposes. In some instances the law, such as Anti-Money Laundering legislation or anything similar, may impose on us a duty to store your personal data for a longer period. For example, were we to decide to discontinue our website or our newsletter, we would permanently erase your personal data, unless when required to keep it in the future to satisfy our other obligations under the law.

  1. Final provisions  

10.1. Invalidity of any provision of this policy, irrespective of the reason for invalidity, does not render the entire policy invalid. In that case the invalid provision is deemed non-existent, while the rest of the policy remains in force.

10.2. All legal relations amongst users of our website and ourselves are governed by the law of Republic of Slovenia and the law of the European Union. Any dispute arising out of this policy is to be resolved in the courts of law of Ljubljana.

 

Valid since 25 May 2018.

 

 

[1] Official Journal of EU, L 119, 4. 5. 2016, pp. 1-88, Regulation (EU) 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, and repealing Directive 95/46/EC.

[2] Official Journal of Republic of Slovenia, no. 67/2007.