Last updated October 04, 2022
Count Bismarck FS Holding S.a.r.l, 61, Rue de Rollingergrund, L-2440 Luxembourg, Luxembourg („Bismarck FS Holding“)
and its 100% subsidiary
Bismarck FS Operations GmbH, Grünwalder Weg 32, 82041 Oberhaching, Germany („Bismarck FS Operations“)
trading together under the brand “Bismarck Select”
the End Customer, a legal entity or natural person acting on their own behalf for professional or non- professional purposes, hereinafter referred to as the “User“, on the other hand.
Together referred to as the “Parties“.
The agreement sets out the terms under which the User’s data is handled at Bismarck Select and its partners that provide the financial and non-financial services that Bismarck Select provides access to.
Please read this entire agreement and indicate whether you agree to its terms and conditions by clicking the “yes” or “accept” button. If you do not agree please let us know and delete the app from your phone and return any cards issued.
By agreeing to this agreement, the User (“you”) also agrees to the privacy policies or other legal agreements of the financial and non-financial services providers that are attached to this agreement as Annexes. The list of attached Annexes as well as the Annexes itself may be amended or changes as the services and providers will be amended and changed by Bismarck Select.
1. SCOPE OF THIS POLICY
1.1. When you use our services, we believe that you should know what personal data we collect from you and how we use it. We work hard to protect your personal data you shared with us and this privacy notice will inform you as to how we look after your personal data.
· our website at www.bismarck.select (the “Site”),
· the Bismarck Select Frontends once you have downloaded a copy of the App onto your mobile telephone or handheld device (“Device”); and
· any of the services accessible through the App or the Site (the “Services”).
2. DATA CONTROLLERS
2.1 Bismarck FS Holding is the controller and responsible for your personal data (referred to as “Bismarck FS Holding”, “we”, “us” or “our” in this privacy notice) that is generated in connection with your Bismarck Select service on our Site and our App and in any contact, we have with you, throughout the course of our relationship.
2.2 Swan SAS (referred to as “Swan” in this Policy) is the data controller in relation to your Bismarck Select Accounts and all necessary activities relating to the operation of the Bismarck Select account and debit card services. Swan provides regulated financial services to Swan customers. Swan is a simplified joint-stock company (SAS) registered with the Bobigny Trade and Companies Register under number 853 827 103, with a capital of 16,999.66 Euros, VAT number FR90853827103 and whose registered office is located at 95 Avenue du Président Wilson, 93100 Montreuil, FRANCE. Swan’s privacy notice is available on its website.
3. CONTACT DETAILS
3.1 If you have any questions about our services in the scope of this Policy, you can contact us.
Name of the Company: Count Bismarck FS Holding S.a.r.l, 61, Rue de Rollingergrund, L-2440 Luxembourg, Luxembourg
Customer Enquiry Contact Address: Count Bismarck FS Holding S.a.r.l, 61, Rue de Rollingergrund, L-2440 Luxembourg, Luxembourg
Organisation Official Address: Count Bismarck FS Holding S.a.r.l, 61, Rue de Rollingergrund, L-2440 Luxembourg, Luxembourg
Email address: firstname.lastname@example.org
3.2 You have the right to make a complaint at any time to the National Data Protection Commission (CNPD, the Luxemburg supervisory authority for data protection issues cnpd.gouvernement.lu. We would, however, appreciate the chance to deal with your concerns before you approach the CNPD so please contact us in the first instance.
5. PURPOSES FOR WHICH WE WILL PROCESS YOUR PERSONAL DATA
5.1 We process your personal data in accordance with the General Data Protection Regulation (GDPR) and any other domestic data protection provision applicable (e.g., if applicable, the German Federal Data Protection Act (“BDSG”)).
a) We will process your personal data to fulfil our contract with you:
As to Art. 6-1-b-GDPR, where the processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract, processing of personal data will be lawful. Therefore, to fulfil our contract with you, such as providing our Bismarck Select services to you and developing and providing a high-quality user experience through the Bismarck Select Frontends, your personal data is processed.
b) We will process your personal data to fulfil our legal obligations:
As to Art. 6-1-c-GDPR, where the processing is necessary for compliance with a legal obligation to which the controller is subject, processing of personal data will be lawful. Therefore, to verify your identity when you apply for a Bismarck Select account, to check applications against certain fraud prevention and sanctions databases, to implement measures to identify and prevent financial crime (for example, money laundering, fraud and terrorist financing), to make responsible lending decisions, your personal data is processed.
We utilise the latest technology to make automated decisions for the verification of identities and the identification of financial crime. If you are rejected or negatively affected on the basis of an automated decision or automated profiling, you will be notified about this and you have the right to appeal.
c) We will process your personal data, if the processing is necessary for our legitimate interest:
As to Art. 6-1-f-GDPR, where the processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, processing of personal data will be lawful.
Therefore, it is in our legitimate interests to use your personal data to keep you informed of the status of the Bismarck Select services you use, to provide a great customer service experience, to check applications against certain fraud prevention databases. When we and fraud prevention agencies process your personal data, we do so on the basis that we have a legitimate interest in preventing fraud and money laundering, in order to protect our business and to comply with the laws that apply to us. Such processing is also a contractual requirement of the services or financing you have requested.
If we, or a fraud prevention agency, determine that you pose a fraud or money laundering risk, we may refuse to provide the services and financing you have requested, or we may stop providing existing services to you. A record of any fraud or money laundering risk will be retained by the fraud prevention agencies and may result in others refusing to provide services, financing or employment to you.
As part of this processing of your personal data, decisions may be made by automated means. If you are rejected or negatively affected on the basis of an automated decision or automated profiling, you will be notified about this and you have the right to appeal.
d) We will process your personal data on the basis of your consent.
As to Art. 6-1-a-GDPR, where the data subject has given consent to the processing of his or her personal data for one or more specific purposes, processing of personal data will be lawful.
Therefore, to provide you information about Bismarck Select products and services that we think you may like, to invite you to participate in market research activities, to provide you with information about third party products and services that we think you may like, to market our products.
Please be informed that in case you gave your consent to the processing of your personal data for specific purposes, the processing is permitted on the legal basis of your consent. Your consent is revocable at any time. If you revoked your consent any processing of your personal data will become unlawful after the revocation. This means that the previous processing of your data remains lawful. You may request information about your given consents at any time.
6. INFORMATION WE COLLECT ABOUT YOU
6.1 We will collect and process the following data about you:
a) Information you give us: The information you give us may include your name, address, date of birth, e-mail address, phone number, the Device’s phone number, username, password and other registration information, financial, details of your bank account including the bank account number, bank sort code, IBAN, details of your debit and credit cards including the long number, relevant expiry dates and CVC, identification document numbers, copies of identification documents (for example, passport, driving license and utility bill) personal description and photograph and any other information you provide us in order to prove your eligibility to use our services.
b) Technical information: Technical information may include the internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, device information and the type of mobile device you use, a unique device identifier (for example, your Device’s IMEI number, the MAC address of the Device’s wireless network interface, or the mobile phone number used by the Device), mobile network information, your mobile operating system, the type of mobile browser you use, time zone setting.
c) Device Information: Device information may include information about your visit, including the full uniform resource locators (URL), clickstream to, through and from our site (including date and time), services you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, device information;
d) Transaction Information: Transaction information may include date, time, amount, currencies used, exchange rate, beneficiary details, details and location of the merchant or ATMs associated with the transaction, IP address of sender and receiver, sender’s and receiver’s name and registration information, messages sent or received with the payment, device information used to facilitate the payment and the payment instrument used.
e) Information stored on your Device: Information stored on your Device may include your contact information from your address book, login information, photos, videos or other digital content. Please bear in mind that this information can only be processed, if you allow Bismarck Select to access your above-mentioned information on your device. The App will periodically recollect this information in order to stay up-to-date. If you need any further information, please check our Terms and Conditions.
f) Details of your use of our App or your visits to our Site: This is information may include transaction details relating to your use of our services, including who you have sent money or electronic money to, foreign exchange transactions you have entered into, the time, date and location of the place the transaction was entered into.
g) Location Information: We use GPS technology and your IP address to determine your location – this may be used when the App is running in the foreground and the background of your Device. This is used to prevent fraud. Our card protection and fraud-prevention measures require this personal data for the feature to work. If you wish to use the particular feature, you will be asked to consent to your data being used for this purpose. You can withdraw your consent at any time by disabling location permission for the Bismarck Select Frontends within your device settings “Location Information”.
h) Due Diligence Data: includes information we are required by law to process about you to comply with our obligations in relation to illegal activities involving money (for example, fraud, money laundering and terrorist financing) or in compliance with international sanctions, which processing data about the origin of funds and/or transaction parties, the purpose of our business relationship, account usage behavior, political exposed status.
i) Aggregated Data: We also collect, use and share such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity.
j) Social Media Information: If you allow us, we will collect friends lists from Facebook and similar information from other third parties such as Twitter and Google – the App will periodically re-collect this information in order to stay up to date. Please bear in mind that this information can be only processed, if you allow us to do so.
k) Special category data: This is information that is considered more sensitive by regulators and includes your race, ethnic origin, political views, religion, trade union membership, genetics, biometrics, health and sexual orientation. With the exception of the video selfie and photo ID that you provide so we can verify your identity, we do not process this category of data. However, it is possible that we may hold special category data when it is included on documentation that you have given us (for example your ID document). When this is the case, we will only process this information in strict accordance with the law.
7. DISCLOSURES OF YOUR PERSONAL DATA
7.1 We may disclose the data we collect from you to subsidiaries of Bismarck FS Holding, partners and certain third parties who use personal data in delivering their services to us, they use data securely and confidentially and under strict contractual controls in accordance with data protection laws and enforced by Bismarck Select.
7.2 We send personal data to the following sets of data processors in order to perform the Bismarck Services:
a) Fraud prevention agencies: This is in order to verify your identity, protect against fraud, comply with anti-money laundering laws and to confirm your eligibility to use our products and services. Please note that If fraud is detected, you could be refused certain services, finance, or employment. Further details of how your information will be used by us and these fraud prevention agencies, and your data protection rights, can be found by contacting Bismarck Select support via email@example.com
b) Banking and financial services partners: Financial services providers that help us provide the Bismarck Select services including banking partners, banking intermediaries and international payments services providers.
c) Card manufacturing/personalization and delivery companies: For the purpose of creating your personalized Bismarck Select card and delivering this to you at your requested address.
d) Advertisers and analytics providers: If we decide to engage advertisers to promote our products and services, the advertisers and their advertising networks may require anonymized personal data to serve relevant adverts to you and others. We will never disclose identifiable information about individuals to advertisers, but we may provide them with aggregate information about our users. We may also use such aggregate information to help our advertising partners provide a tailored and targeted campaign, relevant for a sub-section of our users. In some instances, we may use personal data we have collected from you to enable our advertising partners to display their advertisement to their target audience. We also use analytics and search engine providers that assist us in the improvement and optimization of our site.
e) We may also disclose your personal information in the following circumstances: (i) If Bismarck Select or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets. (ii) If we are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation or request. In order to: (iii) enforce or apply the General Terms of Service and/or any other agreements between you and us or to investigate potential breaches; or (iv) protect the rights, property or safety of Bismarck Select, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
8. THIRD PARTY SERVICES PARTNERS
8.1 We may share your data in order to provide certain services to you upon your request. Your data will only be sent across in these instances once you have requested to utilise these services. You can withdraw your consent at any time by contacting support via our in-App chat function, however, please be aware that this may impact your ability to use such services going forward.
8.2 From time-to-time, we may partner with certain third parties in order to offer you co-branded services or promotional offers. In order to provide these services to you and to allow us and any associated third party to optimise their/our offering to you, we will share some of your personal data with such third parties. We will obtain your express opt-in consent before we share your personal data with any company outside Bismarck Select for these purposes.
8.3 You can withdraw your consent at any time after giving your explicit opt-in consent by contacting support via in-App chat and letting us know.
9. STORAGE SECURITY & INTERNATIONAL TRANSFERS
9.2 All information you provide to us is stored on our secure servers. Any payment transactions carried out by us or our chosen third-party provider of payment processing services will be encrypted using appropriate technology. Where we have given you (or where you have chosen) a password that enables you to access certain parts of our App and/or our Site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
9.3 Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
9.4 Certain Services include social networking, chat room or forum features. Ensure when using these features that you do not submit any personal data that you do not want to be seen, collected or used by other users.
10. YOUR LEGAL RIGHTS
10.1 You have rights under data protection laws in relation to your personal data. Please see below to find out more about these rights:
a) Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you. If you require this, then please reach out to our support team via the in-App chat function.
b) Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us. If you require this, then please reach out to our support team via the in-App chat function.
c) Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing, where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
d) Object to processing of your personal data. This is in situations where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights. Bismarck Select is under certain obligations to process and retain certain data for compliance purposes. Please note that these requirements supersede any right to objection requests under applicable data protection laws. If you object to the processing of certain data, then we may not be able to provide the Bismarck Select Services and it is likely we will have to terminate your account.
e) Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it. Please note that any requests in relation to the restriction of the processing of your data means that we may not be able to perform the contract we have or are trying to enter into with you (including the Bismarck Select Services). In this case, we may have to cancel your use of the Bismarck Select Services, but we will notify you if this is the case at the time.
f) Request the transfer of your personal data to you or to a third party. We will provide to you, your personal data in a structured, commonly used, machine-readable format, which you can then transfer to an applicable third party. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you. If you require this then please reach out to our support team via the in-App chat function.
g) Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent.
11.1 We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:
a) Promotional offers from us. We may use your personal data and location data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, Services and offers may be relevant for you. You may receive promotional communications from us via email, SMS, in-app messages, telephone or post if you have requested information from us or signed up to use our Services, or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that communication.
b) Third-party marketing. We will get your express opt-in consent before we share your personal data with any company outside Bismarck Select for marketing purposes.
c) Retargeting. Sometimes we use social media sites to retarget/remarket our products and Services to a similar audience as that of our existing customer base. Some of the data that we disclose to social media sites is Aggregated Data or anonymized data. We will only disclose your personal data to social media sites if we have your consent or it is in our legitimate interests to do so.
d) Opting out. You can ask us or third parties to stop sending you our marketing messages at any time by logging into our App and checking or unchecking relevant boxes under account settings, to adjust your marketing preferences or by following the opt-out links on any marketing message sent to you or by contacting us at any time. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/Service purchase, product/Service experience or other transactions.
12. RETAINING YOUR INFORMATION
12.1 We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements unless (i) the law requires us to hold your personal information for a longer period, or delete it sooner, (ii) you exercise your right to have your personal data erased from our systems (where it applies) (iii) we have a legitimate reason to keep it (for example, helping us to respond to queries or complaints, to show that we have given you fair treatment, in the fight against financial crime).
13. NO FEE USUALLY REQUIRED
13.1 You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request based on the circumstances set out GDPR.
14. WHAT WE MAY NEED FROM YOU
14.1 We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
15. TIME LIMIT TO RESPOND
15.1 We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
16. IF YOU FAIL TO PROVIDE PERSONAL DATA
16.1 Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (including the Bismarck Select Services). In this case, we may have to cancel your use of the Bismarck Select Services, but we will notify you if this is the case at the time.
The General Data Protection Regulation (GDPR) represents possibly the most significant change to data protection laws in over 20 years. The new regulations will impact every part of our organisation, and as such we accept our responsibilities and obligations of this important change.
Our GDPR obligations.
The Sincura Group (consisting of Sincura Concierge Ltd, Sincura Lifestyle Ltd, Sincura Tickets Ltd, Sincura Arts Ltd) understands that the focus on individual rights (as well as transparency and accountability for the collection and handling of personal data) places EU residents and their rights at the heart of GDPR. Therefore, we will ensure that our organisation makes all the necessary changes in order to support the GDPR regulations and act at all times in the spirit of the GDPR. We will at all times process data lawfully, fairly, and transparently; respecting the rights of our data subjects; and ensuring we maintain the integrity and confidentiality of any data we process. We will minimise the amount of data we collect and the amount of time we process any data we collect. As such, we will consider all aspects of our data processing activities, storage and disposal of all personal data.
In addition, we accept that the new regulations strengthen compliance requirements including new rules on consent and clear definition of how data is to be used. We will adopt a Privacy by Design ethos and complete Impact Assessments (where necessary) to understand how best to guarantee data is kept secure.
We also accept the need for transparency, including the processing of Subject Access Requests and Breach Disclosure requirements to notify authorities; and where necessary, data subjects within 72 hours.
Key Strategy Principles
· We will be a responsible custodian of customer and employee data
· We will assign clear ownership for data privacy across the company starting at the highest levels, with clear responsibility and accountability for all aspects of data security throughout the organisation
· We will establish a formal inventory of data processing operations and supporting systems that collect, process and store personal data
· We will review and verify the legal basis for collecting and processing personal data; as well as the legal means for any cross-border (outside Europe) transfers and communicate this clearly with all data subjects
· We will regularly review all systems and processes, identify gaps and develop a plan to achieve compliance within the new regulations
· We will review partners and vendors to establish current contract terms and agreed upon data protection controls
· We will ensure we can support individuals exercising their rights under the GDPR
· We fully support the requirements of the GDPR and will ensure appropriate resources and funding are available to meet these obligations in preparation for implementation
· We are adopting a risk managed approach and acknowledge that there may be gaps in implementation. However, we will have completed high priority tasks, review and made significant changes in order to support the GDPR
We have evaluated the requirement for a designated Data Protection Officer as in Article 37 of the GDPR and other related clauses. We recognise that we store significant amounts of data and considering the requirements we have appointed a DPO that has the appropriate experience and qualifications required to perform this role.
As required by the GDPR we will ensure the DPO continues to have support from the Senior Management Team and appropriate reporting arrangements in order necessary to monitor our compliance, conduct DPIAs when necessary and act as a contact point for the organisation and the ICO. We will ensure the DPO has the necessary resources available required to perform the tasks defined in the DPO role.
Processing Of Special Categories Of Data
We recognise that we process special categories of data as defined in Article 9 or Article 10 of the GDPR. We recognise that processing this type of data could create more significant risks to a person’s fundamental rights and freedoms. For example, by putting them at risk of unlawful discrimination.
We accept the need to act lawfully under Article 6 and 9 and will ensure we apply the appropriate lawful basis at all times. As such we will take appropriate steps to ensure we have consent where required and also complete further risk analysis if necessary.
Third Country Transfers Of Data
We have completed a review of our processes and data we process and have determined that we do transfer data outside the EU. As such, the restrictions on the transfer of personal data outside the European Union, to third countries or international organisations apply and we will take appropriate steps to ensure we meet these regulations and ensure the required safeguards are in place.
Processing Data About Children
We have completed a review of our processes and data we process and have determined that we do process data about children. We accept that a child’s personal data merits particular protection under the GDPR and that children need particular protection when collecting and processing their personal data because they may be less aware of the risks involved.
As such, we will take appropriate steps to ensure we meet all GDPR regulations, that the required safeguards are in place and ensure our systems and processes are maintained and monitored with this in mind.
Legitimate Interest Assessment
Due to the volumes of data stored we have carefully considered the lawful basis under which we collect, store, and process this data. We have completed a legitimate interest balancing assessment and determine that our interests in operating our business, providing a service to our customers, offering opportunities to the data subjects, and making a profit are a legitimate basis for processing when compared to the impact on the rights of the data subjects as defined in.
We have completed a three-step assessment
· Legitimate interest – considered as above
· Necessity test – this is a fundamental part of our business, without this processing we have no product or service to offer.
· Balancing test – we have considered the rights of the data subject, their expectations, impact on them and their families and how we can protect their interests and rights under the GDPR and determine that processing is acceptable.
This is an important consideration and will be reviewed regularly.