Information for Clients on the Collection and Processing of Personal Data
Management company for open-ended investment funds with a public offering and alternative investment funds ECLECTICA CAPITAL AD Beograd
In accordance with the Law on Personal Data Protection (Official Gazette of the Republic of Serbia, No. 87/2018) (hereinafter: the “Law”), the management company for open-ended investment funds with a public offering and alternative investment funds ECLECTICA CAPITAL AD Beograd (hereinafter: the “Company”) provides its clients and prospective clients with basic information on the collection and processing of personal data through this document.
This document uses the following terms as defined by the Law:
- “Personal data” means any information relating to an identified or identifiable natural person, whose identity may be determined directly or indirectly, in particular by reference to an identifier such as a name and identification number, location data, an identifier in electronic communications networks, or one or more factors specific to that person's physical, physiological, genetic, mental, economic, cultural or social identity;
- “Processing of personal data” means any operation or set of operations performed on personal data or sets of personal data, whether or not by automated means, such as collection, recording, classification, grouping or structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission or otherwise making available, duplication, dissemination or otherwise making available, alignment, restriction, erasure or destruction (hereinafter: processing);
- “Controller” means a natural or legal person or a public authority which, alone or jointly with others, determines the purposes and means of processing. Where the purposes and means of processing are determined by law, that law may designate the controller or prescribe the criteria for its designation;
- “Processor” means a natural or legal person or a public authority which processes personal data on behalf of the controller;
- “Consent” of the data subject means any freely given, specific, informed and unambiguous indication of that person's wishes by which the person, by a statement or a clear affirmative action, signifies agreement to the processing of personal data relating to them.
The Company processes personal data in accordance with the principles of processing set out in the Law:
- Lawfulness, fairness and transparency;
- Limitation to the purposes of processing;
- Only data necessary for the purposes of processing will be processed;
- Data will be accurate and kept up to date, with reasonable steps taken to ensure this;
- Data will be kept only for as long as necessary to fulfil the purposes of processing (“storage limitation”);
- Data will be processed in a manner that ensures appropriate protection of personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, through appropriate technical, organisational and personnel measures.
Controller Details
- Business name: Management company for open-ended investment funds with a public offering and alternative investment funds ECLECTICA CAPITAL AD Beograd
- Registered office: Belgrade (Novi Beograd), Omladinskih brigada 88b
- Company registration number: 21989126
- Tax identification number (PIB): 114213257
- Website: eclecticacapital.com
- E-mail: office@eclecticacapital.com
- Telephone: +(381) 11 4122 888
Types of Data
Personal data includes all information provided by clients orally, in writing, through direct contact with the Company's employees at its premises, through electronic communication with the Company, by using the Company's website or otherwise, such as:
- Basic identification data: first and last name, date and place of birth, unique personal identification number (JMBG), identity card and/or passport number, permanent/temporary residence address, e-mail address, telephone number, occupation, job position, political exposure, company, business address, sex, photographs, tax identification number and similar information. This data is necessary to establish a business relationship in accordance with the Law on the Prevention of Money Laundering and the Financing of Terrorism and other relevant regulations.
- Data required for client categorisation and the appropriateness assessment: knowledge and experience regarding financial markets and investing, financial position and the ability to bear losses, the client's investment objectives and risk tolerance (including bank account number, assets, source of funds and similar information);
- Data relating to communication between the client and the Company: postal address, landline and/or mobile telephone number and other information.
Purpose of the Intended Processing and Legal Basis for Processing
The Company collects personal data for the purpose of providing investment services to its clients, and the data may not be used for other purposes without the client's express consent. Processing of personal data is necessary to take steps prior to entering into an agreement and to enter into an investment services agreement with the client to whom the data relates, to perform the agreement that the client intends to enter into with the Company, and to fulfil the Company's statutory obligations in the course of its business. The required data set is prescribed by the Law on the Prevention of Money Laundering and the Financing of Terrorism and the applicable capital market regulations.
On the basis of the collected data, the Company takes actions and measures in accordance with the Law on the Prevention of Money Laundering and the Financing of Terrorism and enters into an agreement with the client. On the basis of that agreement, and according to the client's needs, the Company opens accounts and carries out other actions for which the client's identification data is necessary.
When doing business with legal entities, the data most commonly processed is that of their legal representatives, proxies or other authorised persons, as well as their beneficial owners. The legal basis for collecting and processing the personal data of these persons is prescribed by law, but collection and processing are also carried out for the purpose of performing an agreement, protecting the legitimate interests of the Company or a third party, or on the basis of consent.
Processing that is necessary to comply with the Company's statutory obligations does not require the consent of the persons whose data is collected and processed. Such processing is carried out, for example, to apply regulations concerning the prevention of money laundering and terrorist financing, taxation and the prevention of market abuse, or to fulfil requests from competent authorities (for example, the Securities Commission or the Administration for the Prevention of Money Laundering).
How Personal Data Is Collected
Personal data is collected directly from the person to whom it relates (for example, from the client or the client's legal representative entering into an agreement with the Company) or from another person (for example, data on beneficial owners or other authorised persons is collected from a legal representative). Where data is not collected directly from the person to whom it relates, this information is provided to the legal entity from which the data was obtained, which forwards it to the natural persons whose data has been collected (its beneficial owners, representatives and similar persons).
Recipients of Personal Data
In accordance with its business activities and the services it provides, the Company exchanges personal data with relevant institutions, such as the Central Securities Depository and Clearing House, trading venue operators, investment firms, commercial banks and credit institutions in Serbia and abroad that participate in providing the agreed services to the client.
The Company may also disclose personal data to third parties such as IT service providers, auditors, consultants, lawyers and other third parties involved in providing the Company's services to the client.
The Company has a statutory obligation to disclose collected personal data upon request to authorised state bodies and other competent authorities, such as the Securities Commission, the Belgrade Stock Exchange, the Administration for the Prevention of Money Laundering, the competent court and other authorities specified in the regulations.
By providing personal data to the Company, the client agrees that the Company may disclose personal data to another investment firm, bank, credit institution or depository in Serbia or abroad with which the Company has entered into an appropriate agreement, where the service provided by the Company to the client can be performed only through those institutions and persons. The Company will exchange personal data with them only where necessary under the applicable regulations.
All of the above persons are required to apply security and protection measures when processing personal data that are at least equivalent to those provided by the Company.
Personal data will be transferred to another country if that country ensures an adequate level of personal data protection in accordance with the regulations. If it does not meet those conditions, a transfer will be made only with the express consent of the person to whom the data relates, provided that the conditions prescribed by the Law are met.
Personal Data Retention Period
In accordance with its business activities and the services it provides to clients, the Company permanently retains in electronic form client identification data, such as the unique personal identification number (JMBG), first and last name, permanent and temporary residence, identification document number and similar information, as well as data on completed transactions, since this information may subsequently be needed by both the client and the competent state regulatory authorities. Personal data in paper form is retained for the periods prescribed by the Law on the Prevention of Money Laundering and the Financing of Terrorism, the Law on the Capital Market and subordinate legislation.
Rights of Persons Whose Data the Company Collects and Processes
Right of Access
During their business relationship with the Company, clients may ask the Company whether their data is being processed, request access to that data, obtain information on the purposes of processing, the recipients of the data and the retention period, and request a copy of the data that the Company processes about them.
Right to Rectification
At the client's request, the Company will correct inaccurate personal data or complete incomplete personal data.
Clients are required to notify the Company of any changes to their personal data before taking any legal or factual action during their business relationship with the Company, and undertake to keep the Company regularly informed of such changes.
Right to Erasure
Due to the nature of its activities, the Company is unable to erase personal data from its electronic records or to restrict processing to information less comprehensive than that prescribed by the applicable capital market regulations. The Company will erase data that is not required by the regulations to be retained permanently (for reasons of protection of the public interest, where necessary to initiate, bring or conduct proceedings, and similar reasons).
Right to Restriction of Processing
The person to whom the data relates does not have the right to request restriction of the processing of their personal data, since the Company collects only data necessary to perform the agreement concluded with the client and prescribed by applicable regulations.
Right to Object
The person to whom the personal data relates, namely the client, has the right to object to the Company at any time regarding the processing of their personal data. The Company will consider the objection and, if it is justified and does not affect the Company's statutory obligations, will cease processing that data. Otherwise, it will inform the client of the legal basis for the processing necessary for the lawful conduct of its business.
Right to Lodge a Complaint with the Commissioner
The person to whom the data relates has the right to lodge a complaint with the Commissioner for Information of Public Importance and Personal Data Protection if they consider that their personal data has been processed contrary to the provisions of the Law.
If a personal data breach is likely to result in a high risk to the rights and freedoms of natural persons, the Company will notify the person to whom the data relates of the breach without undue delay.
Processing of Special Categories of Personal Data
Processing of special categories of personal data, as defined by the Law, requires the express consent of the natural person to whom the data relates, except in cases provided for by the Law in which processing of special categories of personal data without express consent is permitted.
Under applicable regulations, the provision of the prescribed personal data is necessary to conclude an agreement with the Company and to perform the service defined in that agreement. If the client does not wish to provide the required data, the Company will be unable to provide that service to the client.