Personal Data, Confidentiality, Recording of Telephone Calls and Records. 25.1. The Client agrees and consents that the Company shall collect, use, store or otherwise process personal information provided directly by the Client (in his completed Account Opening Application Form or otherwise) or from other persons including, for example, the credit reference agencies, fraud prevention agencies, banks, other financial institutions, third-party authentication service providers and the providers of public registers. 25.2. The Client agrees, consents and understands that the Company is obliged to collect and process the personal information mentioned in section 25.1 to comply with the requirements of the anti-money laundering legislation as well as other applicable legal or regulatory framework. The Company will refuse the conclusion of a contract and the provision of investment services, in all cases in which the Client refuses to provide personal data that the Company has an obligation to collect and process, according to the current legislation. 25.3. Client information which the Company holds is to be treated by the Company as confidential and will not be used for any purpose other than in connection with the provision, administration and improvement of the Services, anti-money laundering and due diligence checks, for research and statistical purposes and for marketing purposes. Information already in the public domain, or already possessed by the Company without a duty of confidentiality will not be regarded as confidential. 25.4. The Company has the right to disclose Client information (including recordings and documents of a confidential nature, card details) in the following circumstances: a) Where required by law or a court order by a competent Court. b) Where requested by FSC or any other regulatory authority having control or jurisdiction over the Company or the Client or their associates or in whose territory the Company has Clients. c) To relevant authorities to investigate or prevent fraud, money laundering or other illegal activity. d) To such an extent as reasonably required to execute Orders and for purposes ancillary to the provision of the Services. e) To credit agencies, fraud prevention agencies, third-party identity verification service providers, banks and other financial institutions for credit checks, credit card verification, fraud prevention, anti-fraud purposes money laundering, for identification and due diligence of the Client. To carry out their activity, they may check the data provided by the Client, comparing it with details in other databases (public or not) to which they have access. They may also use the Client's data in the future to help other companies verify their customers. Search information is kept by the Company. f) To the Company’s professional advisors provided that in each case the relevant professional shall be informed about the confidential nature of such information and he agrees to the confidentiality obligations described in this Agreement. g) To other service providers who create, maintain or process databases (whether electronic or not), offer record keeping services, email transmission services, messaging services or similar services which aim to assist the Company collect, storage, process and use Client information or get in touch with the Client or improve the provision of the Services under this Agreement. h) To a Trade Repository or similar under the Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4th July 2012 on OTC derivatives (EMIR), amended and supplemented by Regulation (EU) No. 2019/834, central counterparties and transaction repositories for the approved reporting mechanisms under Regulation (EU) No. 600/2014 of the European Parliament and of the Council of 15th May 2014 (MiFIR). i) To other service providers for statistical purposes to improve the Company’s marketing, in such a case the data will be provided in an aggregate form. j) Where necessary for the Company to defend or exercise its legal rights to any court or tribunal or arbitrator or ombudsman or governmental authority. k) At the Client’s request or with the Client’s consent. l) To an Affiliate of the Company or any other company in the same group of the Company, if applicable. m) To successors or assignees or transferees or buyers, with a ten Business Days prior Written Notice to the Client, and for the purposes of paragraph 34.2. of the Client Agreement. n) Client Information is disclosed in relation to US taxpayers to the National Revenue Agency in Bulgaria, which will in turn report this information to the IRS of the USA according to the Foreign Account Tax Compliance Act (FATCA) of the USA and the relevant intergovernmental agreement between Bulgaria and the USA. 25.5. If the Client is a natural person, the Company will use, store, process and use the personal information provided by him, in connection with the provision of the Services, in accordance with the Personal Data Protection Act of the Republic of Bulgaria and in compliance with the regulatory requirements of Regulation (EU) 2016/679, and the Company is obliged, upon request by the Client, to provide a copy of the personal data it stores for him, upon payment of an administrative fee by the Client. 25.6. By concluding this Agreement, the Customer agrees to the transfer of his personal data outside the European Economic Community in accordance with the provisions of the Personal Data Protection Act and in compliance with the regulatory requirements of Regulation (EU) 2016/679, for the reasons specified in item 25.3. and 25.4. 25.7. Telephone conversations between the Client and the Company must be recorded and kept by the Company and recordings will be the sole property of the Company. The Client accepts such recordings as conclusive evidence of the Orders or conversations so recorded.
Appears in 3 contracts
Sources: Client Agreement, Client Agreement, Client Agreement