Data protection and privacy
Your privacy is important to us, and we are committed to protecting your personal data. Our role towards certain personal data may be that we collect certain personal data or process certain personal data that is controlled by our clients. Our commitments in both cases can be found below in the Privacy Notice and the Data Processing Protocol.
Data Processing Protocol
This Data Processing Protocol (the “Protocol”) shall apply between Primus Wealth and the Client Entity (“Client”) it is servicing, where Primus Wealth may process Personal Data, of which the Client is the Controller.
The Protocol forms part of any agreement in place between Primus Wealth and the Client.
Where this Protocol uses terms which are defined in the Regulation (EU) 2016/679 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 (General Data Protection Regulation, the “GDPR”), then the definitions set out in that Regulation shall apply.
“Client” shall mean the company, trust, foundation, any other form of legal entity, partnership, or unincorporated business, set up, to which Primus Wealth provides any service at the request or instruction of such entity and/or its group members;
“Primus Wealth” shall mean the relevant Primus Wealth group entities that are affiliates to Primus Wealth S.A.; and
“Personal Data” shall mean personal data as defined in Article 4 GDPR, which Primus Wealth processes as a Processor in the course of providing services to the Client.
2. Scope of the Protocol
2.1 The Client and Primus Wealth note that:
a) Primus Wealth may process Personal Data whilst providing services to the Client, acting on behalf and under the direct authority of the Client (acting as sole controller) who (i) initiates and delegates such processing to Primus Wealth and (ii) ultimately reviews, controls, confirms and approves such processing. Primus Wealth shall (I) only carry out such processing on the instructions of the Client and in accordance with the provisions of this Protocol and the associated Service Agreement(s), and (II) immediately inform the Client if, in its opinion, an instruction infringes the GDPR or other Union or Member State data protection provisions, to the extent permitted by law; and
b) the Protocol does not apply to Primus Wealth’s processing of Personal Data concerning the Client’s representatives, stakeholders and ultimate beneficial owners as necessary for the purposes of its service providing or as required by applicable laws (notably for AML and KYC purposes).
2.2 Primus Wealth will have no control over the purposes and means of processing the Personal Data.
2.3 The GDPR and any other applicable privacy laws apply to this Protocol and anything not specifically mentioned in this Protocol shall be governed by the GDPR and any other applicable privacy laws.
3.1 Primus Wealth, and any person authorized to process Personal Data on its behalf, receiving the Personal Data from the Client pursuant to the Service Agreement, will exercise at least the same degree of care with respect to Personal Data with which Primus Wealth protects its own Personal Data of the same or similar nature.
3.2 Primus Wealth shall ensure that persons authorized to process the Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality. Primus Wealth and its employees shall not communicate the Personal Data to or put the Personal Data at the disposal of third parties without the Client’s prior written consent thereto unless (a) it is required to do so by mandatory law or regulation or ordered to do so by a competent authority or (b) pursuant to Clause 9.
3.3 Primus Wealth will only use or reproduce the Client’s Personal Data to the extent necessary to it to fulfil its obligations.
4. Security Practices, Procedures and Technical and Organisational Measures
4.1 Primus Wealth shall implement appropriate commercially reasonable, technical, physical and organisational security measures to protect Personal Data from misuse and/or accidental, unlawful and/or unauthorized destruction, loss, alteration, disclosure, acquisition and/or access and against all other unlawful forms of Processing in accordance with adequate internal instructions adopted by Primus Wealth. Primus Wealth will ensure a level of security suitable (taking into account the state of the art and the costs of implementation of such security) in relation to the risks and the nature of the Personal Data to be protected to the identified risks and pursuant to applicable Data Protection Laws and, where the Processing concerns Personal Data of EU residents or in case GDPR applies, shall take all measures required pursuant to Article 32 GDPR. Where local laws prescribe specific instructions and measures to be adopted for the purposes of this Article, local laws will be applied.
5. Duration of processing of the Personal Data
5.1 Primus Wealth will process the Personal Data for as long as it provides services to the Client and will hold the Personal Data in archive after that date to the extent necessary for legitimate business purposes or for bona fide compliance purposes.
5.2 The Client may instruct Primus Wealth to delete or return Personal Data at the end of the period during which Primus Wealth will process such Personal Data. Primus Wealth shall be authorized to keep a copy to the extent required for legal, regulatory or bona fide compliance purposes, as well as the exercise or defense of legal claims for as long as is legally required for such purposes. Primus Wealth will delete such Personal Data at the end of such period.
6. Data Breach Incident
6.1 Primus Wealth will comply with GDPR requirements with respect to notifying the impacted Client whenever Primus Wealth becomes aware that there has been a breach of security leading to accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Data processed by Primus Wealth in the context of this Protocol (“Data Breach Incident”). Primus Wealth will investigate the Data Breach Incident and take necessary steps to eliminate or contain the impact of the Data Breach Incident.
6.2 Primus Wealth shall maintain written procedures which enable it to provide a response to the Client about a Data Breach Incident as soon as practicably possible.
7. Transfer of Personal Data
The Client confirms that Primus Wealth may transfer Personal Data to its affiliates and subprocessors inside and outside the European Economic Area (EEA) for purposes of servicing, support, back-up or any other legitimate interest Primus Wealth may have to transfer Personal Data in order to fulfil its obligations. Primus Wealth confirms that it has established safeguards to protect Personal Data transferred to countries outside the EEA that are, as a minimum, in accordance with the relevant Standard Contractual Clauses as approved by the European Commission. Where Primus Wealth enters such arrangements, it may act either for itself or as an agent for the Client or in both capacities.
8. Rights of Data Subjects
8.1 Upon instruction of the Client, Primus Wealth will cooperate to enable the Client:
a) in providing access to Data Subjects whose Personal Data are being processed via the provision of the services by Primus Wealth;
b) in deleting or correcting their Personal Data;
c) demonstrating that their Personal Data have been deleted or corrected if they are incorrect, or, if the Client disagrees with the point of view of the Data Subject, recording that the Data Subject is of the opinion that the Personal Data is incorrect;
d) in restricting the processing of Personal Data as per Article 18 GDPR;
e) in protecting the rights of Data Subjects to its best advantage;
f) in case a Data Subject exercises his or her right to data portability to another Data Controller pursuant to Article 20 GDPR and where technically feasible; and
g) in case a Data Subject exercises his or her right to object in accordance with Article 21 GDPR.
8.2 Notwithstanding Clause 8.1, Primus Wealth shall not be obligated to delete copies of Personal Data that it holds, to the extent where further processing is required in order to comply with a legal obligation to which Primus Wealth is subject or for the establishment, exercise or defence of legal claims.
8.3 The Client, as Controller, has the responsibility to provide the Data Subject with the information necessary to ensure fair and transparent processing in respect of the Data Subject (as set out in Article 14.1 of the GDPR or any similar provision under other applicable Data Protection Law). Where further processing of the Personal Data is required, for a purpose other than that for which the Personal Data were obtained, the Client shall provide the Data Subject prior to that further processing with information on that other purpose and with any relevant further information as referred to in Articles 13.1 and 14.2 of the GDPR or any similar provision under any other applicable privacy laws. Primus Wealth shall not be held responsible if it is not aware of such information not being provided to the Data Subject.
8.4 Primus Wealth shall not correct, delete or restrict data to be processed on behalf of the Client in an unauthorized manner. Should a Data Subject contact Primus Wealth directly in this context, Primus Wealth shall forward this request to the Client without undue delay.
9. Subprocessors and contractors
9.1 The Client hereby generally authorizes Primus Wealth to use subprocessors and/or contractors to provide support to the services provided.
9.2 Primus Wealth shall remain primarily responsible for the performance of its obligations under this Protocol and shall ensure that its agreements with such subprocessors and/or contractors are at least as restrictive as this Protocol. Primus Wealth may change or add subprocessors and/or contractors from time to time.
10. Modification or amendment
Any amendment to this Protocol shall be published on the website of Primus Wealth, but shall not reduce or otherwise limit the rights of the Client.
11. Assistance to Client compliance with Articles 32 to 36 GDPR
Primus Wealth shall assist the Client in ensuring compliance with its obligations pursuant to Articles 32 to 36 GDPR taking into account the nature of processing and the information available to Primus Wealth.
12. Applicable Law and Jurisdiction
This Data Processing Protocol is governed by Hungarian law and any dispute in respect of this Data Processing Protocol or execution thereof shall be submitted before the competent court of Hungary.
Annex 1. Description of processing of personal data
1. Subject Matter, Nature and Purpose
All processing activities (including the collection, organization and analysis of Personal Data) as are reasonably required to facilitate or support the provision of the services.
2. Categories of Data Subjects
The Data Subjects may include individuals that represent the Client, that are advising the Client, that are in any contractual or statutory relationship with the Client, or that the Client has collected in view of its servicing towards such individuals or are otherwise connected to such individuals.
Most commonly the Data Subjects will include: (1) employees, contractors or other workers of the Client and/or their family members, representatives or others connected with workers and (2) past, existing or prospective Clients and/or contractual counterparties of the Client, and/or their employees or other individuals connected with them, and/or their family members, representatives or others connected with them.
3. Types of Personal Data
The services provided may involve the processing of the following types of Personal Data:
- names and contact information;
- general demographic information (such as gender, age, date of birth, marital status, nationality, employment details, residence, utility bills, etc.);
- personal identification documentation and related information such as passport numbers and employee identification numbers;
- financial and payment data such as bank account numbers and transaction information;
- details of shareholdings and other assets which are legally or beneficially owned by the Data Subject;
- details of people and organizations which may be connected to the Data Subject (family or otherwise); and
- information related to the provision of the services performed.
About Primus Wealth
This Privacy Notice is issued by Primus Wealth S.A. and applies to Primus Wealth S.A. and affiliates to Primus Wealth S.A. (hereinafter “Primus Wealth”).
Primus Wealth understands that your privacy is important. Therefore, we respect and protect your right to privacy and will process your personal data in accordance with the provisions of the European General Data Protection Regulation (“GDPR”) and other applicable privacy laws.
The GDPR and any other applicable privacy laws apply to this Privacy Notice and anything not specifically mentioned in this notice shall be governed by the GDPR and any other applicable privacy laws.
This Privacy Notice explains how we may use, process and store your personal data.
What kind of personal data does Primus Wealth collect?
Personal data means any information relating to an identified or identifiable natural person. Primus Wealth collects and processes the following types of personal data:
- name, address, email address, telephone number and other contact information;
- date and place of birth;
- employment details;
- marital status;
- copies of identity documents (such as passport, national ID cart, driver’s license, employee identification numbers);
- source of wealth;
- utility bills, bank statements;
- tax residency;
- details of shareholdings and other assets which are legally or beneficially owned by the data subject; and
- details of people and organisations which may be connected to the data subject (family or otherwise).
Please note that the list is not exhaustive and that Primus Wealth may also collect and process personal data to extent this is useful or necessary for the provision of our services.
How does Primus Wealth collect personal data?
Primus Wealth obtains and processes personal data in different ways.
- Personal data provided to Primus Wealth directly;
We collect personal data directly from (prospective) clients, business partners and intermediaries for the purposes of entering into a contract or a service agreement and/or to meet certain legal requirements.
- Personal data obtained from third parties;
We also collect and process personal data from publicly accessible sources such as internet, social networks, or commercial registers. Furthermore, we may receive personal data from third parties as part of the service we provide to you or to people which are connected to you (including but not limited to organisations in which you have a shareholding or by which you are employed) or in connection with legal requirements that are applicable to us.
How does Primus Wealth use personal data?
The majority of the personal data processed by Primus Wealth is necessary for the performance of a contract to which the data subject is a party or to comply with the request of the data subject prior to entering into a contract. Primus Wealth also processes personal data in order to comply with our legal and regulatory obligations.
We may furthermore process personal data for the purposes of the legitimate business interests pursued by Primus Wealth. Such legitimate interests include general research and development (including statistical research or as a basis to analyze our current security measures), administration of our business and systems, including IT, billing and invoicing systems or to develop and improve our services or to strengthen our relationship with you. We may provide you with communications or information regarding our service offering which we think will be interesting for you. When we process your personal data for our legitimate business interests, or where consent to process personal data was received, we will consider and balance any potential impact on you and your rights under the relevant data protection and any other relevant law. Whenever we process personal data for these purposes you have the right to object to this way of processing.
To whom does Primus Wealth provide personal data?
Primus Wealth may disclose or transfer personal data collected by Primus Wealth to our group companies insofar as reasonably necessary for the purposes of our service offering or for bona fide compliance purposes as well as on the legal basis as set out in this Privacy Notice.
Except as described in this paragraph, Primus Wealth will not disclose, transfer or sell your personal data to any third party unless you have consented to this.
Primus Wealth may disclose or transfer personal data to subcontractors, intermediaries or external advisors for the purpose of the proper performance of the services we provide to our clients. It may, for example, disclose or transfer such personal data to third party service providers who provide administrative, computer, payment, data processing, debt collecting or other services. We enter into data processing agreements with such subcontractors to ensure that they process your data, on our behalf, with the same level of security and confidentiality as applied by Primus Wealth. Primus Wealth may furthermore disclose or transfer personal data when we received your consent to do so.
In addition Primus Wealth may disclose or transfer personal data to protect our rights or those of our clients and/or to prevent fraud. Primus Wealth can also be obliged to disclose or transfer personal data to competent authorities in order to comply with our legal and/or regulatory obligations.
International transfers and data storage
Primus Wealth may disclose or transfer personal data to other companies of the Primus Wealth group that are located in countries that are outside the European Economic Area in connection with the above purposes.
The personal data Primus Wealth processes is stored by Primus Wealth on our servers, and/or on the servers of the database management services Primus Wealth engages.
If disclosure or transfer of personal data is being done in a country that does not ensure an adequate level of protection of your personal data, Primus Wealth will make sure additional safeguards will be put in place.
Primus Wealth will process and store the relevant personal data for the duration of our services or for the duration of the business relationship. Primus Wealth may also store the data for as long as it is necessary or required in order to fulfill legal, contractual or statutory obligations or for the establishment, exercise or defense of legal claims, and in general where it has a legitimate interest for doing so.
You have the following rights:
- Access to your information
You have the right to access the personal information that Primus Wealth holds about you at any time.
- Data portability
You may ask Primus Wealth to provide you with a copy of the personal information that Primus Wealth holds about you.
- Correction of your personal information (the right to rectification)
You have the right to ask Primus Wealth to update and correct any out-of-date or incorrect personal information that we would hold about you.
- Deletion of your personal information (the right to be forgotten)
You have the right to ask Primus Wealth to delete your personal information, to the extent that Primus Wealth has no legal and/or regulatory obligations to keep such personal information.
- Restriction of processing of your personal information
You have the right to ask Primus Wealth to restrict the processing of your personal information in case:
a. You contested the accuracy of the personal information held by Primus Wealth;
b. The processing is unlawful but you objected to the deletion of the personal data and requests the restriction of the use instead;
c. Primus Wealth no longer needs the personal data for the purposes of the processing, but you require them for legal reasons;
d. You objected to processing and Primus Wealth is investigating whether there are legitimate grounds to override your objection.
- Automatic decision making
Primus Wealth generally does not make decisions by purely automatic means, but if we do, you have the right to object.
You have the right to object at any time to the processing of your personal data for any direct marketing (and related profiling) by Primus Wealth.
If you wish to exercise any of the above rights, you can contact Primus Wealth using the below contact details.
In addition you have the right to make a complaint with the local supervisory authority with respect to the way Primus Wealth is processing your personal data or the way Primus Wealth is handling your rights.
Navigation and Cookies
Please note that Primus Wealth is the controller of personal data collected through the Primus Wealth website (the “Website”).
Primus Wealth collects personally-identifiable information on certain areas of the Website. The personally-identifiable information collected may consist of information that you provide, such as names, mailing addresses, e-mail addresses, telephone and fax numbers.
How we protect personal data?
Primus Wealth is committed to ensuring the security of your personal data. Primus Wealth takes appropriate commercially reasonable, technical, physical and organisational measures to prevent unauthorised or unlawful processing of your personal data or accidental loss or destruction of your personal data. Primus Wealth will ensure a level of security suitable to the identified risks and pursuant to applicable Data Protection Laws and, where the Processing concerns personal data of EU residents or in case GDPR applies, shall take measures required pursuant to article 32 GDPR.
Employees of Primus Wealth are trained to handle personal data securely and with utmost respect and they will treat your personal data strictly confidential. Staff members shall be authorized to access personal data only to the extent necessary to serve the applicable legitimate purposes for which the data are processed by Primus Wealth and to perform their job.
Primus Wealth will not divulge client information to a third party unless we have received explicit client authorisation or we are required to do so by law.
Changes to this notice
Primus Wealth may update this Privacy Notice from time to time. We advise you to periodically review this Privacy Notice to be informed of how Primus Wealth is protecting your privacy.
Contact Primus Wealth
If you have any questions, concerns or complaints with respect to this Privacy Notice, the way Primus Wealth is handling your privacy or you wish to exercise any of your rights please contact us.
Annex 1 – Contact information