Privacy policy Bestinver SV

Privacy and Data Protection Policy

This policy applies to the company BESTINVER SOCIEDAD DE VALORES S.A. (hereinafter BESTINVER SV).

BESTINVER SV undertakes to process personal data in accordance with data protection regulations, in particular as set out in Regulation (EU) 2016/679 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, as well as any other applicable Data Protection legislation in force.

This Privacy Policy applies to all Users, understood to mean visitors to the website, as well as any other person who provides us with personal information through our various channels (hereinafter, the “User” or “Users”).

In this context, “Channels” refers to the various means or services that we make available to you in order to interact with us, whether or not they require registration. These may include websites, applications, platforms, mailboxes, telephone numbers or addresses for information or customer service, social media profiles, forms, events, etc.

Some of our online Channels may contain links to other websites or third-party applications accessible through our Channels, or, more generally, to any other services provided by third parties unrelated to BESTINVER SV. This Privacy Policy does not apply to such third-party sites or services. We recommend you also read the Privacy Policies of those third parties in order to familiarise yourself with their practices. If using any of these other resources, services or systems, the User agrees to be bound by the corresponding terms of use and privacy policies. BESTINVER SV provides such links and information and/or services solely for the User’s convenience. It is the User’s responsibility to read and accept the terms of use and privacy policies published on such linked websites and applications. The inclusion of such links within our Channels does not imply approval by BESTINVER SV.

BESTINVER SV takes the necessary technical and organisational measures to ensure the security of personal data and to prevent its alteration, loss, unauthorised processing or access, taking into account the state of the art, the nature of the data, and the risks to which it is exposed. You may also verify the presence of the SSL certificate by checking the properties of the website in your browser. A connection is deemed secure when “https://” appears in the browser’s address bar instead of “http://”, together with a padlock symbol.

BESTINVER SV informs Users of the Website that their personal data may only be collected for processing when it is adequate, relevant, and not excessive in relation to the scope and specific, explicit, and legitimate purposes for which it has been obtained. BESTINVER SV declares its commitment to comply at all times with the data protection legislation in force.

The User expressly consents to BESTINVER SV processing the personal data provided by the former for the purposes stated herein, under the terms set out in this Privacy Policy. In this regard, Users should be aware that, in order to subscribe to or register for certain products or services offered through the Website, they will be required to provide personal data.

 

WHO IS THE DATA CONTROLLER RESPONSIBLE FOR PERSONAL DATA?

The data controller responsible for processing your data is:

 

BESTINVER SOCIEDAD DE VALORES S.A.

Tax ID No: A83563767

Registered in the Commercial Registry of Madrid: Volume 26,044; Book 0; Page 48; Section 8; Sheet M-321,979

Address: C/Juan de Mena 8, planta 3, 28014 Madrid (Spain)

Telephone: 900 109 132 (freephone in Spain)

Business activity: investment services company.

 

Website: https://www.bestinver.es/en/securities-2/

Email: infosecurities@bestinver.es

 

A Data Protection Officer is a point of contact with the data controller for matters related to the processing of personal data. If you wish, you may contact the Data Protection Officer at protecciondedatos@bestinver.es.

 

WHAT PERSONAL DATA DO WE COLLECT THROUGH THE WEBSITE?

The data provided by Users are collected when they visit the Website or as a result of their interaction with us through the following means:

 

1.- In some cases, personal data are obtained indirectly from the User for purely statistical purposes, in order to analyse how the Website is used by means of cookies, or to provide value-added services such as a map showing the location of our offices (you may consult our Cookies Policy here).

 

2.- In other cases, personal data are provided directly by the User through data collection forms, for the purposes specified in each of those forms and with the corresponding user consent.

In cases where personal data are collected through our Channels for specific purposes, the User will be provided, in advance, with clear and unambiguous information regarding: (i) the data controller and its contact details; (ii) the specific purposes of the processing and the legal basis for such processing; (iii) the recipients or categories of recipients, where applicable, as well as the existence or otherwise of international data transfers; (iv) the retention criteria or periods; and (v) the rights of the User in their capacity as a data subject.

The User is solely responsible for the information they provide, as well as for its veracity and lawfulness.

In addition to the data you provide to us directly when completing forms or surveys, submitting requests or reporting incidents, we may also receive metadata associated with the documents you provide during the provision of the service. Such metadata may include, among other things, the name of the file creator, the date and time of creation, the document format, etc. We recommend reviewing and removing metadata before sharing files with us.

3.- In cases where financial or investment products are contracted on behalf of a minor, the processing of the minor’s personal data will be carried out solely with the explicit consent of their parents or legal guardians, who will manage the accounts on behalf of the minor until the latter reaches legal age.

Once the minor reaches legal age, they will be notified of this change in status and will assume control of their account. From that moment onwards, the processing of their personal data will be based on their own consent, in accordance with the applicable legal provisions.

Likewise, they will be recognised as having the right to manage their own personal data directly, in accordance with the applicable regulations, and will be informed about the processing of their personal data, including the updating of their profile to reflect their status as an adult in our systems.

Until updated contact details for the account holder who has reached legal age are obtained, communications relating to the financial or investment product will continue to be sent to the registered legal guardian. Once such contact details have been received and verified, communications will then be addressed directly to the account holder.

 

BESTINVER SV processes your personal data with absolute confidentiality and undertakes to keep such data secret, ensuring they are safeguarded by adopting all necessary measures to prevent any alteration, loss, unauthorised processing, or access, in accordance with the legal obligations applicable to it as the data controller of your personal data.

 

FOR WHAT PURPOSES AND ON WHAT LEGAL BASIS DO WE PROCESS PERSONAL DATA?

BESTINVER SV collects and processes the personal data of Users of the aforementioned digital platforms or other channels for different purposes.

 

– Standard Securities Custody and Administration Contract Form:

Such processing is necessary for entering into the contract or for the provision of securities custody and administration services, as well as for complying with the obligations arising therefrom. These processing activities include, among other things, the provision of intermediation services (receipt and transmission of orders) and the execution of orders for the purchase or sale of securities owned by the CLIENT and traded on the Markets; the exercise of the political and economic rights attached to the securities; the sending of relevant information relating to the securities deposited and administered; information regarding the entities involved in the administration process; information on the status of the securities account, statements of the securities account, and any other information that is required of BESTINVER SV, including tax-related information for the purposes of submitting the corresponding tax returns; customer service and, where applicable, the handling of complaints; voice recordings and/or image recordings and the retention of telephone conversations and/or video recordings in order to provide a record of certain actions by the client; and the sending of satisfaction and service quality surveys.

The legal basis for the processing of these data is the maintenance of the contractual relationships established between the users, clients, and suppliers of BESTINVER SV.

The data will be retained for as long as the contractual relationship remains in force, in compliance with statutory time limits, and, once terminated, for the applicable limitation periods covering liabilities arising from that relationship.

 

– Contact forms

The purpose of the processing will be to respond to Users’ enquiries and to send them the information requested. The User’s email address may be used to send them information about products and services offered by BESTINVER SV or by other entities or companies within the BESTINVER group, provided that you have expressly authorised this by ticking the corresponding consent box.

Here, we will also process the data provided to respond to Users’ requests for services and information received through any of our Channels, as well as, where applicable, to process suggestions, claims or complaints. In such cases, we will collect your data in order to carry out the pre-contractual or contractual relationship necessary to provide our products and services efficiently.

We will also process the data you provide through cookies collected while browsing our websites.

The use of your email address under the terms indicated above will be carried out with your consent in the event that you have ticked the corresponding consent box.

In this regard, the legal basis for processing the data is the consent given by the User when completing the information and ticking the relevant consent boxes, as well as by filling out the various forms and requests.

Data used for the purpose of sending communications will be retained until their erasure is requested.

The data will be retained for as long as necessary to deal with your enquiries, unless you request their erasure.

 

– Browsing data

Such data will be processed in accordance with the Cookies Policy.

 

– Compliance with applicable legal obligations

Including legal obligations of a commercial, tax, accounting or administrative nature.

The legal basis that enables this processing is the compliance with legal obligations.

 

– Voice recordings and retention of telephone conversations, for the purpose of providing a record of certain actions by the client.

The legal basis that enables this processing is the compliance with legal obligations.

Likewise, such recordings may be processed for the purpose of providing a record of certain actions and evidencing the quality of the service provided, as well as for training purposes for BESTINVER staff.

In these cases, the processing will be based on the legitimate interest of BESTINVER, and the User may object to the processing of their data for this purpose.

 

– Prevention of money laundering

The processing of data for the purposes of preventing money laundering and terrorist financing is carried out solely and exclusively in order to take appropriate due diligence measures with regard to clients. The recipients of these data will be the internal control and compliance bodies of BESTINVER SV, and they will not be used for any purpose other than those outlined above, except where necessary for the ordinary management of the business relationship. No disclosures of data to third parties are envisaged, except where legally required. The rights of access, rectification or erasure of personal data, restriction of processing, objection to processing and data portability shall not apply to this processing.

The data will be retained for a period of ten years from the termination of the business relationship or the execution of the transaction, after which they will be deleted.

These obligations shall continue to apply even after the contractual relationship has ended, where required.

The legal basis for such processing is compliance with applicable legal obligations, in this case Law 10/2010 of 28 April on the Prevention of Money Laundering and the Financing of Terrorism.

 

– Security and surveillance of premises

Our premises are equipped with cameras and video surveillance systems for the purpose of safeguarding the security of both people and property.

The legal basis for processing is the legitimate interest of BESTINVER SV in ensuring security at its premises.

 

– Management of visitors and third parties

For the purpose of controlling access to premises by visitors, collaborators or other third parties, identification data may be collected at some of our facilities.

In this case, the legal basis for processing is consent, as well as the legitimate interest of BESTINVER SV in ensuring the security of both people and property at its premises.

 

– Direct marketing

As a general rule, BESTINVER SV does not use Users’ personal data for direct marketing purposes, unless prior consent has been obtained.

As a User, you may unsubscribe from direct marketing campaigns and object to the future processing of your personal data for such purposes at any time, by sending an email to the Data Controller’s address or by using the corresponding “unsubscribe” option provided in the emails you receive.

 

– Automated decision-making

BESTINVER SV does not carry out automated decision-making based on profiling, except in cases where this is expressly indicated and the User’s explicit consent is required.

Fields in forms marked with an asterisk (*) on the Website are mandatory in order to process your request or assess the information you wish to provide.

 

HOW LONG DOES BESTINVER SV RETAIN USERS’ PERSONAL DATA?

As a general rule, personal data will be retained for as long as necessary for the purposes for which they were collected, provided that the User does not exercise their rights of erasure and/or cancellation. Additionally, data will be retained in compliance with statutory retention periods as per the applicable regulations in each case.

 

TO WHOM WILL USERS’ PERSONAL DATA BE DISCLOSED?

Depending on the activity carried out by BESTINVER SV, the following data disclosures may take place:

Service providers, whether these are companies within BESTINVER or third parties, in some cases hired to perform services on our behalf (e.g. IT services, administrative functions, financing, audits, etc.). In such cases, where required, the corresponding data processing agreements are entered into in accordance with data protection law.

Business partners, independent agents, intermediaries or brokers, financial institutions, counterparties and transaction registries with whom we have a relationship, where such disclosure is required to provide services and products or to comply with contractual obligations and execute our operations (e.g., depositary entities, banks, custodians, securities issuers, paying agents, trading platforms, etc.).

Regulatory bodies, public authorities and administrative bodies, private entities, courts and tribunals, law enforcement authorities, third-party fraud prevention entities and trusted service providers.

We may disclose your personal information: (1) where permitted or required by law or legal process (such as a court order or subpoena); (2) to law enforcement authorities or other public officials in order to comply with a lawful and legitimate request; (3) where we believe it is necessary to prevent physical harm or financial loss; (4) to establish, exercise or defend our legal rights; (5) in connection with the investigation of a suspected or confirmed case of fraud or unlawful activity; or (6) with the User’s express and informed consent.

We reserve the right to transfer to a third party any information we hold about Users in the event of an actual or potential transfer or sale of all or part of our business or assets (including mergers, acquisitions, joint ventures, restructurings, assignments, dissolution or liquidation) or any other corporate or commercial transaction. In such cases, the relevant third parties will be required to guarantee levels of protection comparable to those provided by BESTINVER SV with respect to the information to be shared.

Web analytics service providers: The Website has enabled Adobe Analytics services provided by Adobe Systems Software Ireland Limited. Interaction with users through the use of this tool may involve the international transfer of personal data to Adobe entities located outside the European Economic Area, such as Adobe Inc. (Adobe USA). In such cases, Adobe relies on Standard Contractual Clauses (SCCs) and, where applicable, adequacy decisions, and has entered into SCCs between its relevant entities to cover such transfers.

Social media platform operators: BESTINVER SV uses social media platforms to share its content: Interaction with Users through the use of such profiles or tools involves international data transfers of an analytical and technical nature in relation to the Website and social media profiles, as the data provided by Users via those profiles are processed on the servers of the respective social media platforms.

 

WHAT RIGHTS DO USERS HAVE WHEN THEY PROVIDE US WITH THEIR PERSONAL DATA?

Data subjects may exercise their rights of access, rectification, erasure, portability, and restriction or objection to processing by submitting a request to the Data Controller, either by letter to the BESTINVER Data Protection Department (“Data Protection”, C/ Juan de Mena nº 8, planta 3, 28014 Madrid, Spain) or by email to the following address: protecciondedatos@bestinver.es. Furthermore, data subjects can withdraw their consent at any time by writing to the aforementioned address, as well as by making a claim before the supervisory authority (Spanish Data Protection Agency).

 

VALIDITY

Any changes made to this Privacy Policy and to the way we handle information will be reflected in a timely manner. BESTINVER SV may add to, amend, or replace this Policy whenever it deems necessary.

This Privacy Policy is published in Spanish and English. In the event of any discrepancy between the two versions, the Spanish version shall prevail.

Last updated:  5 February 2024