The protection of your personal data during gathering, processing and usage is of particular concern for Value & Guidance Ltd. (hereinafter called “Values & Guidance”). In our data protection declaration, it is our aim to provide you with information about the type, scope and purpose of your personal data processed by us, your rights, as well as the persons affected by the data processing.
The processing of personal data, e.g., name, address, e-mail address or telephone number, is based exclusively on the grounds of the statutory provisions, according to the Austrian Data Protection (“DSG”), the EU General Data Protection Regulation (“GDPR”) and the Telecommunication Act (“TKG”).
Values & Guidance Ltd., located in 1030 Vienna, Gottfried-Keller-Gasse 2/4, hereby is the data controller within the meaning of GDPR.
1. Terminology
a. Personal data
Personal Data is all information which relates to an identified or identifiable natural person (hereinafter “data subject”). An identifiable natural person is considered someone who can directly or indirectly, by means of assignment to an identifier such as a name, an identification number, location data, an online identifier or one or more special features that express the physical, physiological, genetic, psychological, economic, cultural, or social identity of this natural person, be identified. Personal data therefor include but are not limited to personal data (e.g., name, address, date of birth and location, citizenship etc.), verification data (e.g., ID) and authentication data (e.g., signature specimen or similar). Additionally, it includes Data from the fulfilment of our contractual requirements (e.g., information on your financial status, contract data, registration data and processing results generated by Values & Guidance), as well as data to meet legal and regulatory requirements and information from electronic traffic (e.g., Cookies).
b. Person affected
The persons affected are those who provide their personal data to the controller (Values & Guidance) for the purpose of processing.
c. Data processing
“Processing” is any process carried out with or without automated procedures or any set of series of procedures associated with personal data, including e.g., the collection, recording, storage, adaption or modification, reading, retrieval, usage, disclosure by transmission or any other form of provision, comparison or linkage, restriction, deletion, or annihilation.
d. Cookies
The website of Values & Guidance uses cookies. Cookies are text files that are placed and saved on a computer system via an internet browser. Using cookies information and offers can be optimized for a user.
The person affected is able to prevent our website’s setting of cookies at any time for any amount of time or permanently by changing the settings of their internet browser. Cookies that already have been set can be deleted by an internet browser or any other software program at any time. This can be done with all available internet browsers.
If the person affected deactivates our website’s setting of cookies not all functions of our website can be used in full extent.
2. Purposes of data processing
Values & Guidance processes personal data for the following purposes:
to establish, administrate and execute a business relationship
to strengthen the existing customer relationship
to establish new customer relationships or to approach interested parties, including information about current developments and our range of services
for internal organization and claims management
insofar instructed by the customer:
to exercise advisory activity in the field of private and economic matters
to carry out advisory activities for multi- generational- entrepreneurial families in the context of clarifying family strategy issues (succession, division of assets) and realignment of the organization (committees, family council, advisory and corporate board)
for investment advice within the scope of § 3 WAG 2018 including the distribution of investment funds as permitted according to the scope of authorization, as well as for every commissioned task in accordance with § 3 WAG 2018
Additionally, Values & Guidance processes data from credit agencies and from publicly accessible sources (e.g., company register, land register, association register or media) which Values & Guidance has legitimately received. If Values & Guidance collects personal data, the provision has been on a voluntary basis. It should be noted that the quality of a performance of a contract depends on the scope and the completeness of the data provided.
3. Legal foundation for processing
Values & Guidance processes your personal data exclusively according to the following data protection regulations:
a. within the scope of your consent (Art. 6 para. 1 lit. a GDPR)
If you have given us your consent to process your personal data processing will only take place within the purposes specified in the declaration of consent and to the extend agreed therein. You have the right to revoke any consent given at any time with future effect (e.g., you can object to the processing of your personal data for marketing and advertising purposes if you no longer consent to processing in the future). Please send the revocation to us in writing either by e-mail or mail. Revoking your consent does not affect the legitimacy of data processed on grounds of your consent up to the point of revocation.
b. fulfilment of contractual obligations (Art. 6 para. 1 lit. b GDPR)
Processing of personal data (Art. 4 Nr. 2 GDPR) takes place for the provision of services within the scope of our concession scope, particularly for the execution of our contracts with our customers as well as all activities required for the operation and administration of the company.
c. fulfilment of legal obligations (Art. 6 Para. 1 lit. c GDPR)
Processing and transfer of personal data may be necessary to fulfil various legal obligations (e.g., Financial Market and Money- Laundering Act (FM-GWG), Supervision of Securities Act 2018 (WAG 2018) as well as regulatory requirements (e.g., Austrian Financial Market Authority FMA)). Examples: in certain suspected cases a report to the money laundering reporting office, disclosure to financial criminal authorities, tax authorities and the financial market supervisory authority.
d. processing to protect legitimate interests (Art. 6 Para. 1 lit. f GDPR)
If necessary, in the context of balancing interests in favour of Values & Guidance or a third-party data processing can take place beyond the actual fulfilment of the contract to protect legitimate interests of Value & Guidance or third parties. Especially in the following cases data processes can take place to protect legitimate interest among others: in the context of legal prosecution, measures to prevent and combat fraud, measures to protect employees and customers, measures to further develop services and products and for business management.
Moreover, Values & Guidance processes your personal data on grounds of our predominantly interest in achieving the purposes mentioned under point 1 (Art. 9 Para. 2 lit. g GDPR).
4. Transmission of personal data
As far as it is necessary for the purposes mentioned under point 3 Values & Guidance will transmit your personal data to the following recipients:
Investment firms that are in connection with contractual relationships for the management of client funds and that provide services on a permanent or individual basis
Administrative authorities, courts, and public corporations
Business consultants for the purpose of an extended examination according to WAG 2018
Insurances on the completion of an insurance contract for the benefit of the occurrence of an insured event (e.g., liability insurance).
Cooperation partners and, on our behalf or on behalf of the customer, tax and legal advisors
other recipients (e.g., committees) specified by the customer
Banks on behalf of the customer
Some of the recipients above mentioned may be located outside Austria or process their personal data outside of Austria. The level of data protection in other countries may not correspond to the Austrian standard. We therefor implement arrangements to ensure that all recipients offer an adequate level of data protection to our customers.
5. Storage period
Values & Guidance processes personal data of the data subject(s), if required, for the duration of the entire business relationship (from initiation, fulfilment to termination of a contract), as well as in accordance with the statutory retention and documentation obligations, which result from the Corporate Code (UGB), the Federal Fiscal Code (BAO), the Banking Act (BWG), the Financial Market Money Laundering Act (FM-GwG) and the Securities Supervision Act (WAG) or as long as the statute of limitations for the potential legal claims has not yet been expired. Furthermore, data can be stored for the purpose of providing evidence until any legal disputes have been solved. After the respective retention or limitation periods have expired, the personal data shall be locked or deleted routinely and in accordance with the statutory provisions.
If you are a customer, former customer, prospect or potential customer in the future or a contact person of one of the mentioned previous, we will save your personal data for marketing purposes, only if you agreed on the marketing purposes. You are entitled to object or revoke your consent at any time.
To secure storage of personal data, we concluded a contract with an IT- service provider to outsource the storage. The server’s location is in Austria.
6. Rights with respect to personal data
You are entitled including the following but not limited to the below mentioned:
to check whether and which personal data we process and to receive copies of this data
to request correction, addition or deletion of your personal data if they are incorrect or not processed in accordance with the law
to request the restriction of the processing of your data
to object to the processing of your personal data under certain circumstances or to revoke the consent previously given for the processing, whereby a revocation does not affect the legality of the processing carried out up to the point of the revocation
to request data portability, insofar as you are our customer
to receive knowledge of the identity of the third parties to whom your personal data is transmitted
to lodge a complaint with the data protection authority
If you suspect that we are violating data protection regulations while processing your data, we kindly ask you to contact us to clarify any concerns. Before providing information, it may be necessary to request authentication documents so that your personal data is not being transmitted, processed or deleted without authorization.
7. Contact
If you have any further questions about this declaration, please contact:
Values & Guidance Ltd.
Gottfried-Keller-Gasse 2/4, 1030 Vienna
office@valuesandguidance.com
+ 43 (1) 505 44 18