This notice contains information on how your personal data is processed and your rights under data protection law. Which data is processed and how it is used depends largely on the subject matter of the contract and the agreed services. This information applies to all services we offer and to our clients, their authorized representatives or contact persons as well as potential clients with whom a contractual relationship does not yet exist.
Responsible party:
B. Metzler seel. Sohn & Co. Aktiengesellschaft
Untermainanlage 1
60329 Frankfurt/Main, Germany
Phone (+49) 69 2104-0
Fax (+49) 69 281429
metzler@metzler.com
You can contact our Data Protection Officer at:
B. Metzler seel. Sohn & Co. Aktiengesellschaft
Data Protection Officer
Untermainanlage 1
60329 Frankfurt/Main, Germany
Phone (+49) 69-21040
Fax (+49) 69-281429
datenschutzbeauftragter@metzler.com
We process personal data that we receive from our clients within the scope of our business relationship.
To the extent necessary for the purposes of our business activities, we also process personal data that we may obtain from publicly accessible sources (e.g. debtor registers, land registers, commercial and associations registers, the press, the internet) or that are legitimately transmitted to us by other companies of the Metzler Group or other third parties.
Relevant personal data includes personal details (e.g. name, address and other contact data, birth date and place, nationality), verification data (e.g. identity card data) and authentication data (e.g. signature, login data). It can also include order data (e.g. payment orders), data related to our contractual obligations (e.g. sales data during payment transactions), information on financial situation (e.g. bonus data, origin of assets), advertising and sales data (e.g. for event management), various documentation data (e.g. risk classifications) or other similar data.
Your personal data is used on the basis of the EU General Data Protection Regulation (GDPR) and the German Data Protection Act (BDSG):
Data is processed in connection with banking transactions, financial services, investment banking services and real estate investments within the framework of our client contracts or for executing pre-contractual measures that take place upon request. The purpose of data processing depends primarily on the specific service and may include an analysis of needs, asset management and support or execution of transactions.
Your data is processed beyond the actual fulfilment of the contract if necessary in order to protect our or a third party’s legitimate interests. For example:
If you have consented to having your personal data processed for certain purposes (e.g. marketing emails), this processing is legal based on your consent. Your consent can be revoked at any time, even if consent was issued before the GDPR became effective, i.e. before 25 May 2018. However, revocation of consent does not affect the legality of the data processed before revocation.
We are also subject to various legal obligations, i.e. statutory requirements (e.g. German Banking Act, Money Laundering Act, Securities Trading Act, Tax Act) and regulatory requirements (e.g. the European Central Bank, the European Banking Supervisory Authority, the German Federal Bank and the Federal Financial Supervisory Authority). Purposes for processing data include credit assessment, identity and age verification, prevention of fraud and money laundering, prevention of market abuse, fulfilment of fiscal provisions for monitoring and reporting as well as assessment and management of risks for Metzler Bank and the Metzler Group.
As a client of B. Metzler seel. Sohn & Co. KGaA, your data is subject to banking secrecy provisions in accordance with No. 2 of our General Terms and Conditions of Business. Information about you may only be disclosed if the law requires it, if you have consented, if execution of client instructions requires it, or if authorization to provide banking information exists.
Intermediaries may also receive data required for client support purposes. In such case, recipients of personal data can be, for example:
Some service providers and vicarious agents mandated by us can receive data if they maintain banking secrecy. These are companies active in banking services, IT services, logistics, printing services, telecommunications, debt collection, consulting and sales and marketing.
Other third parties may receive your data if you have given us consent to transfer your data or if you have signed an agreement exempting us from banking secrecy.
Data is transmitted to countries outside the European Union (so-called third countries) if:
We process and store your personal data only as long as is necessary for fulfilling our contractual and legal obligations. Please note that our business relationship is a continuing relationship intended to last for several years.
Should the data no longer be required for fulfilling contractual or statutory obligations, it will be deleted unless further processing is required for the following purposes:
If no contractual relationship exists as of yet, we will delete your data as soon as it becomes apparent that no such relationship is likely to develop or if you inform us that you do not want us to process your data.
All data subjects have the following rights governed by the GDPR: the right to information (Article 15), the right of adjustment (Article 16), the right of deletion (Article 17), the right of limit processing (Article 18), the right to dissent (Article 21) and the right of data portability (Article 20). The right to information and the right of deletion are restricted according to §§34 and 35 of the German Federal Data Protection Act (BDSG). Furthermore, you have the right to appeal to the competent data protection authorities (Article 77 of the GDPR and §19 of the BDSG).
Consent to personal data processing can be revoked at any time. This also applies to consent declarations that were issued before the data protection regulation came into effect on 25 May 2018. Please note that revocation will only affect future processing. Processing that took place before revocation remains unaffected.
You must provide the personal data required for establishing and conducting a business relationship and for fulfilling the associated contractual obligations as well as the data we are legally required to collect. Without this information, we will normally not be able to enter into a contractual agreement with you.
In particular, we are obliged under money laundering law to identify you on the basis of your identification document before establishing a business relationship and to collect and record your name, place of birth, date of birth, nationality, address and identification data. In order to comply with this legal obligation, we must insist you provide us with the necessary information and documents in accordance with the Money Laundering Act and notify us immediately of any changes throughout the course of the business relationship. Should you not have access to the required information and/or documents, we will not be permitted to establish or continue the business relationship you have requested.
Before a contractual relationship has started, you are not required to tolerate your data being used and you have the right to object to storage and processing of your data at any time. You can exercise your right to object via telephone, post, fax or email, and we will delete your personal data from our systems. You can find our contact details on our website at www.metzler.com.
Generally, we do not use fully automated decision making in accordance with Article 22 of the GDPR to establish and carry out business relationships. Should we use these procedures in your individual case, we will inform you specifically if required by law to do so.
We process some of your data automatically with the aim of evaluating certain personal aspects (profiling). We use profiling in the following cases:
You have the right to object at any time, on grounds relating to your particular situation, to processing of your personal data, which is based on point e of Article 6(1) of the GDPR (data processing in the public interest) and point f of Article 6(1) of the GDPR (data processing on the basis balancing legitimate interests). This also applies to profiling within the meaning of Article 4(4) of the GDPR.
If you exercise your right to object, we will no longer process your personal data, unless we can provide evidence of compelling legitimate interests in processing that take precedence over your interests, rights and freedoms or if processing is necessary to assert, exercise or defend legal claims.
In certain cases, we may process your personal data for direct marketing purposes. You have the right to object to this at any time. This also applies to profiling insofar as it is connected with direct marketing.
If you object to data processing for direct marketing purposes, we will no longer process your personal data for such purposes.
An objection can be exercised informally in a message addressed to:
B. Metzler seel. Sohn & Co. Aktiengesellschaft
Untermainanlage 1
60329 Frankfurt/Main, Germany
Fax (+49) 69 281429
metzler@metzler.com
