If you are interested in our products and services, we process your personal data in order to provide you with a quote. We also process your personal data when you conclude contracts with us for the use of our products and services. We would like to inform you about this below:
Categories of data concerned
We process the following personal data:
Identity information (e.g. first and last name, identity card or passport number, nationality, place and date of birth, gender, photograph, IP address)
Contact information (address, e-mail address and telephone number)
Tax information (tax identification number, tax status)
Bank, financial and transaction data (e.g. bank details (IBAN))
Money transfers from and to your account/deposit
assets
notified investor profile, investment behavior
Financial situation (income and expenditure)
Client contact information in the context of the business initiation phase and during the business relationship, in particular through personal, telephone or written contacts initiated by you or by DJE Kapital AG, further personal data, e.g. information on contact channel, date, occasion and result, (electronic) copies of correspondence and information on participation in direct marketing measures as well as information on your wishes that you have expressed to us.
Audiovisual data (information from the video legitimation procedure, recordings of calls)
In the securities business:
Information on knowledge and / or experience with securities (MiFID status)
Investment behavior/strategy (period, scope, frequency of the customer's transactions with financial instruments, customer's risk appetite)
Information on education and occupation (e.g. level of education, occupation, name of employer)
Income (e.g. earnings)
financial situation
Assets, liabilities, income, e.g. from employment/self-employment/business; expenses
Foreseeable changes in financial circumstances (e.g. retirement age)
Specific goals / major concerns for the future (e.g. planned purchases, repayment of liabilities)
Marital status, matrimonial property regime and maintenance obligations
Tax information (e.g. information on church tax liability), documentation data (e.g. declarations of suitability)
In interest, currency and liquidity management:
Information on knowledge and / or experience with interest rate / currency products / investments
MiFID client classification
Investment behavior/strategy (period, scope, frequency of the customer's transactions with financial instruments, customer's risk appetite)
Education, professional qualifications, profession practiced, position in the company, industry affiliation
financial situation
(assets, liabilities, income, e.g. from employment/self-employment/business; expenses)
Foreseeable changes in financial circumstances (e.g. retirement age)
specific goals / significant concerns in the future (e.g. planned purchases, repayment of liabilities)
tax information (e.g. church tax liability), documentation data (e.g. consultation minutes)
Processing of personal data of children
If requested by customers, we also collect personal data from children. In doing so, we ensure that the holders of parental responsibility consent to the processing of personal data or, in certain cases, agree to the child's consent.
Special categories of personal data
We only process personal data relating to racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, health data or data relating to sex life or sexual orientation if we are legally entitled to do so.
Purposes and legal bases
Contract initiation and execution in accordance with Art. 6 para. 1 lit. b GDPR
If you make use of our products and services, we provide you with our financial services or you make specific inquiries in this regard, we process your data in the context of contract initiation or contract performance. The purposes of data processing depend primarily on the specific product and may include needs analyses, advice, asset management and support as well as the execution of transactions. The processing of your data is necessary if, for example, it is used for invoicing in the context of contract processing or to be able to send you an offer that you have requested.
Consent pursuant to Art. 6 para. 1 lit. a GDPR and Art. 9 para. 2 lit. a GDPR
If you have given us your consent to process personal data for specific purposes (e.g. transfer of data within the association / group or to use your data for specific advertising purposes), this processing is lawful on the basis of your consent. Data processing for the purpose of contacting us is based on your voluntarily given consent, for example if you use the contact form or newsletter registration on our websites www.dje.de and www.solidvest.de or send us a business card. You can withdraw your consent at any time. This also applies to the revocation of declarations of consent given to us before the EU General Data Protection Regulation came into force, i.e. before May 25, 2018. Please note that the revocation only takes effect for the future. Processing that took place before the revocation is not affected. If we wish to use your personal data for purposes other than those mentioned above, we will inform you accordingly and, if necessary, obtain your consent.
Legal obligations pursuant to Art. 6 para. 1 lit. c GDPR
As a financial services institution, we are subject to various legal obligations, i.e. legal requirements (e.g. EU Financial Markets Directive and Regulation, Securities Institutions Act, Money Laundering Act, Securities Trading Act, tax laws; distance selling law, general civil law obligations) and banking supervisory requirements (e.g. European supervision, Deutsche Bundesbank and the Federal Financial Supervisory Authority (BaFin)). The purposes of processing include, among other things, the obligations arising from the German Securities Supervision Act (WpIG) to record the knowledge and experience of the respective client with investment services and financial instruments, the financial circumstances and investment objectives of the client, identity and age verification, fraud and money laundering prevention, compliance with sanction and embargo regulations, to respond to official inquiries from a competent government agency or judicial authority, the fulfillment of tax control and reporting obligations and the assessment and management of risks of DJE Kapital AG.
Legitimate interest pursuant to Art. 6 para. 1 lit. f GDPR
We may also process your personal data in our legitimate interest. This consists, for example, in being able to process your inquiries to us. In contrast, your rights and freedoms are not to be regarded as predominant, as the request was made by you. We also pursue our legitimate interests when we transfer your data to a lawyer or debt collection agency in order to recover outstanding debts or enforce our rights. In contrast, your rights and freedoms are not to be regarded as overriding, as it is the reasonable expectation of a data subject that lawyers or debt collection agencies will also be used in the event of legal or debt collection disputes.
In addition, we process your data, where necessary, beyond the actual fulfillment of the contract to protect our legitimate interests or those of third parties, e.g. in the following cases:
Examination and optimization of procedures for needs analysis and direct customer approach; incl. customer segmentation and calculation of probabilities of conclusion
Advertising or market and opinion research, provided you consent to the use of your data
Assertion of legal claims and defense in legal disputes
Ensuring the IT security and IT operations of DJE Kapital AG
Prevention of criminal offenses, in particular fraud prevention
Measures for building and system security (e.g. access controls)
Other measures to safeguard domiciliary rights
Measures for business management and further development of services and products
Origin of your personal data
In principle, we collect data from you personally. In some cases, we also receive your data from third parties. For example, if you are supported by an intermediary or tipster, your personal data will be transmitted to us by your advisor as part of the application process. We may also receive your data from banks, financial portals, Deutsche Post AG (POSTIDENT) and service providers for risk assessments in accordance with the GwG. Furthermore, in some cases we obtain information from various public registers.
Recipients of your personal data
Within DJE Kapital AG, those departments that need your data to fulfill our contractual and legal obligations will have access to it. Service providers and vicarious agents employed by us may also receive data for these purposes if they maintain banking secrecy and comply with our written instructions under data protection law. We may only pass on information about you if this is required by law, if you have given your consent or if processors commissioned by us guarantee compliance with the requirements of the GDPR or the BDSG in the same way. Under these conditions, recipients of personal data may be, for example
Public bodies and institutions (e.g. Deutsche Bundesbank, Federal Financial Supervisory Authority (BaFin), European Supervisory Authority, tax authorities, Federal Central Tax Office) in the event of a legal or official obligation.
Other credit and financial services institutions, comparable institutions and processors to whom we transfer personal data in order to conduct the business relationship with you. These companies are also legally or contractually obliged to handle personal data with the necessary care. In particular, we work with IT service providers, financial service providers and custodian banks.
Intermediaries, tipsters and service providers who support us in the following activities:
Support / maintenance of EDP/IT applications
archiving
Document processing
Call center services
Compliance services
controlling
Data screening for anti-money laundering purposes
Data destruction
Purchasing / Procurement
Space management
Real estate appraisals
Credit processing service
Collateral management
Collection
Customer administration and support
Lettershops
marketing
Dispatch of customer gifts
Media technology
Reporting
research
Risk controlling
Expense accounting
Telephony
Video legitimation
Website management
Securities services
Share register
Fund administration
Auditing services
Payment transactions
Members of certain regulated professions such as lawyers, notaries or auditors
Other data recipients may be those bodies for which you have given your consent to the transfer of data or for which you have released us in accordance with an agreement or consent.
Digital application route
We process your personal data in digital form (digital application process) as part of the preparatory activities and when opening a custody account and the associated data exchange with the custodian bank.
We generally collect the information directly from you or receive it from your adviser.
This includes the following information:
Personal master data: First name, surname, date of birth, place of birth, nationality
Address data: Address
Contact details: Telephone number, cell phone number, e-mail address
Asset data: Deposit balance, asset overviews
Contract data: Transaction data, information on the asset management contract
We do not process special categories of personal data in accordance with Art. 9 GDPR.
We use a service provider with whom we have concluded an agreement on order processing in accordance with Art. 28 GDPR for the processing of a digital application process and the associated faster account opening.
A contractual relationship is also possible without the use of the digital application route. However, even with analog processing, data transmission of your personal data is necessary for the fulfillment of the contract.
Transmission to third countries
Data is only transferred to countries outside the EU or the EEA (so-called third countries) if this is necessary for the execution of your orders (e.g. payment and securities orders) or is required by law (e.g. reporting obligations under tax law), if you have given us your consent or as part of order processing. If service providers are used in a third country, they are obliged to comply with the level of data protection in Europe in addition to written instructions by agreeing the EU standard contractual clauses. If you require a printout of these provisions or information on their availability, you can contact us in writing using the contact details provided.
Obligation to provide your personal data
As part of our business relationship, you must provide the personal data that is required for the establishment and execution of a business relationship and the fulfillment of the associated contractual obligations or that we are legally obliged to collect. Without this data, we will generally have to refuse to conclude the contract or execute the order or will no longer be able to perform an existing contract and may have to terminate it. In particular, we are obliged under money laundering regulations to identify you before establishing the business relationship, for example by means of your identity card, and to collect and record your name, place of birth, date of birth, nationality, home address and ID card details. To enable us to comply with this legal obligation, you must provide us with the necessary information and documents in accordance with Section 11 (6) of the German Money Laundering Act and notify us immediately of any changes arising in the course of the business relationship. If you do not provide us with the necessary information and documents, we may not enter into or continue the business relationship requested by you.
Deletion periods
We process and store your personal data for as long as is necessary to fulfill our contractual and legal obligations. It should be noted that our business relationship is a continuing obligation that is intended to last for several years. If the data is no longer required for the fulfillment of contractual or legal obligations, it is regularly deleted, unless its - temporary - further processing is required for the following purposes:
Compliance with retention periods under commercial and tax law for the fulfillment of legal obligations (Art. 6 para. 1 lit. c GDPR): These include the German Commercial Code, the German Fiscal Code, the German Money Laundering Act and the German Securities Trading Act. The retention and documentation periods specified there are two to ten years.
Preservation of evidence within the framework of the statute of limitations in the overriding legitimate interest (Art. 6 para. 1 lit. f GDPR). According to Sections 195 et seq. of the German Civil Code (BGB), these limitation periods can be up to 30 years, whereby the regular limitation period is three years. A retention period of six months applies to applicants without subsequent conclusion of a contract. In contrast, your rights and freedoms are not to be regarded as predominant, as it is the reasonable expectation of a data subject that their data will be retained for a certain period of time to preserve evidence in the event of any disputes. Data processing is strictly earmarked.
Defense and prosecution of rights and claims in the overriding legitimate interest (Art. 6 para. 1 lit. f GDPR): In order to pursue and defend our rights and claims, it may be necessary to continue to store your personal data in the event of a dispute. In contrast, your rights and freedoms are not to be regarded as predominant, as it is the reasonable expectation of a data subject that their data will be retained for a certain period of time to preserve evidence in the event of a dispute. Data processing is strictly earmarked.
Preservation of backups: In our overriding legitimate interest (Art. 6 para. 1 lit. f GDPR) in protecting our business processes and ensuring data protection and information security, we create backup copies at regular intervals. In contrast, your rights and freedoms are not to be regarded as predominant, as it is the reasonable expectation of a data subject that backup copies will be made. Data processing is strictly earmarked.
As soon as none of the above-mentioned purposes for further processing of your data apply, we will delete your data.
Data exchange with your advisor (tipster)
In cases where you are referred to us for our services/products by your advisor, our tipster, we may exchange personal data with your advisor. This concerns the following data from you
We receive your data from the tipster by way of contract initiation in accordance with Art. 6 para. 1 lit. b GDPR when we receive your application to conclude a contract.
If you have given us your consent in accordance with Art. 6 para. 1 lit. a GDPR, we will also transmit your data to the tipster so that he can provide you with high-quality support and we can settle accounts with the tipster via his commission. Consent is voluntary and can be revoked at any time with effect for the future. You will not suffer any disadvantages if you do not give your consent or revoke your consent at a later date. However, if you do not give your consent or withdraw your consent, the support provided by your advisor may be impaired because we will then no longer be able to send him any further information.