Kutxabank

Kutxabank, S.A. maintains a firm commitment as regards the protection of personal data and the confidentiality of our customers’ information, as well as providing updated and comprehensive information of the data processing undertaken by the organisation at all times, in accordance with prevailing regulations. We therefore inform you below about how we process your personal data in Kutxabank, S.A. (hereinafter, Kutxabank).

Kutxabank has developed this customer personal data protection Policy, which may be accessed at any time from the “Privacy” section at www.kutxabank.es or www.kutxabank.com, and in which you may consult the full details of how we will use your personal data in the relationships we establish with you. Similarly, you may request this information on paper from any of our branch offices.

In order to manage your relationship with us, Kutxabank will process your personal data for each one of the purposes we inform you of in this Policy and always in accordance with prevailing regulations, respecting your rights and with total transparency.

1 Applicable Regulations.

The main regulations regulating our processing of your data are:

• Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter GDPR).
• Organic Law 3/2018, of 5 December, on the Protection of Personal Data and Guarantee of Digital Rights (hereinafter LOPD).

Other regulatory bodies which include obligations in terms of the protection of personal data are as follows:

• Law 34/2002, of 11 July, on information society services and electronic commerce.
• Law 10/2010, of 28 April, on the prevention of money laundering and terrorist financing.
• Law 2/2023, of 20 February, which regulates the protection of persons who report on regulatory breaches and the fight against corruption.

2 Controller

Controller: The controller of the personal data in your contractual and business relations with us is Kutxabank, S. A., with registered office at postal address: Gran Vía 30-32, 48009 (Bilbao). Email: info@kutxabank.es.

Kutxabank has a Data Protection Officer appointed, who will assist you to answer any questions relative to the processing of your personal data and the exercising of your rights. You may contact the Data Protection Officer to submit your suggestions, questions, misgivings or claims at this address: dpo@grupokutxabank.com.

Kutxabank has also entered into joint controller processing contracts with each one of the following subsidiary entities: Kutxabank Pensiones, Baskepensiones E.P.S.V., and Kutxabank Empleo E.P.S.V., for the management and administration of Pension Plans and Voluntary Social Welfare Entities. The mayor aspects of said agreements are as follows:

The purpose of processing the personal data of the ordinary members and beneficiaries of Pension Plans and E.P.S.V. by Kutxabank Pensiones, Baskepensiones E.P.S.V. and Kutxabank Empleo E.P.S.V. is to formalise, manage and execute the contractual relationship of adhesion of such ordinary members and beneficiaries to the Welfare Plans. The execution of the aforementioned adhesion contract constitutes the legitimate basis for this processing.

The purpose of personal data processing by Kutxabank is to guarantee its customers, a high-quality service, an increased protection of their interests and better monitoring of any incident that may arise from the contractual relationship of adhesion to any of the products. The legitimate basis of this processing constitutes the legitimate interest of providing quality assistance to the members of said Entities as well as strengthening the guarantees for the correct administration of this type of transactions.

On the grounds referred to, the operation related to the processing of personal data is performed by Kutxabank, on your behalf and in its name, and in the name of each one of the joint controllers.

In any case, you may exercise your rights before Kutxabank S.A.

Kutxabank in addition, has put together a joint responsibility agreement with the Entities subscribed to the information sharing service for the prevention of fraud. Information on the Entities adhered to said file can be found at

https://www.iberpay.es/es/servicios/servicios/prevenci%C3%B3n-del-fraude/#tab-4

Processing consists of the recording and retrieval of data of suspicious or unauthorised transactions in a common repository operated by Iberpay as process controller in an effort to detect and prevent transactions suspicious of fraud, or whose fraudulent condition has been expressly acknowledged by the affected holder. The legitimate basis is constituted by legitimate interest, of the account holders likely to be affected by the fraud committed by third parties, as well as the Entity in ensuring the detection and prevention of fraud in the incoming and outgoing transactions of your account.

3 Data categories

Kutxabank will process different personal data in order to manage your requests for information or the pre-contractual or contractual relations you enter into with us.

Outlined below are the data categories we will process, with the knowledge that not all the data categories listed are used for all data processing.

In the details of the processing activities that we carry out, contained in section 4, you may specifically consult each particular processing of the data categories used, therefore counting on the necessary information enabling you, if you wish, to exercise your rights recognised by the GDPR, particularly those of opposition and withdrawal of consent.

The data categories used in the different processing activities are as follows:

• Data you have provided us when registering you contracts or during your relationship with us, be this directly or through your legal representative or attorney in fact, as well as by public and private entities with which processing agreement arrangements are established:
  • Identification and contract data: your identification document, name and surnames, gender, postal address, telephone and email, address of residence, nationality and date of birth information. Your condition as a Politically Exposed Person or relationship with a Politically Exposed Person in accordance with money laundering regulations and for this sole purpose.
  • Socio-economic data: details of your professional or working activity, income or remuneration, family unit or circle, level of education, equity, fiscal and tax data. 
  • Financial data: products and services entered into, relationship with the product (holder, authorised or representative status), category in accordance with the Markets in Financial Instruments Directive (MiFID).
  • Biometric data: fingerprint, and facial recognition.
  • Data collected in call recordings: Kutxabank may record the calls or electronic communications it maintains with you (via email, chat, SMS, instant messaging applications, social media or any other equivalent medium that may be used) as well as keeping computer and telematics records of access to services. If necessary, Kutxabank may use such recordings as a means of evidence in legal, administrative, arbitration proceedings or of any other nature that might arise. These recordings have the basis of Kutxabank’s legitimate interest of undertaking quality and security controls and to obtain proof of the orders and transactions made by the customer or as a result of compliance with legal obligations, such as those calls relative to investment services, inter alia. In this regard, the recording and registering of all calls and/or communications shall be notified by Kutxabank.
  • Data recorded by video surveillance cameras exclusively for this type of processing.
  • Third-party data provided by you: Kutxabank may process personal data of third-parties provided by you the processing of which is required for the performance of a contract. In this regard, you guarantee that you have informed and obtained the consent of such third-parties for the processing of their personal data (beneficiaries, family members, guarantors, etc.) on the part of Kutxabank. You guarantee, additionally, to have informed these third parties of the rights they are entitled to in terms of data protection, said third parties may contact Kutxabank to exercise their rights in accordance with the procedure detailed in section 8.

In cases in which the personal data are provided by persons holding parental authority or by the legal representatives of persons with disability, the latter are authorised to collect the data as well as their use and processing by Kutxabank for the purposes described in this Policy.

All data collection obtained, in the event it occurs, originating from information you have provided to third parties and is handed over by said third parties to Kutxabank, require consent prior to incorporating these into the Kutxabank S.A. databases. In this case, Kutxabank will contact you within a month at the latest in order to provide you with the information contained in this customer personal data protection Policy.

You ensure the veracity of the personal data provided to Kutxabank during the entire contractual relationship and undertake the obligation of notifying the Bank of any change thereof in accordance with this data protection policy. Kutxabank may, in any case, and without prejudice to its referred communication obligation, regularly request the review and updating of the personal data the entity maintains about you; it is also legitimated to conduct the appropriate verifications, within the prevailing regulations.

• Data on the maintenance of products and services. These data are:
  • Financial data: information of the entries and transactions, information on investments made and their evolution, information on financing, information about transaction statements with debit and credit cards, information about products and services entered into with the Entity and payment history.
  • Digital data:
    • Data obtained from the communications we have established between you and us on walls, videoconferences, telephone calls and equivalent means
    • Data obtained from your browsing through our identified online channels (Mobile Banking and Online Banking) as regards the browsing history (websites or sections visited and clicks in contents) in the case you have granted us your consent.
    • Data obtained browsing through our websites or mobile applications and the browsing you carry our thereof (device ID, advertising ID, IP address and browsing history), in the case you have accepted the use of cookies and similar technologies in your browser devices. You may consult the details of the information on Kutxabank’s policy of processing related to cookies on each one of the Kutxabank proprietary websites. This processing carried out through cookies, except those necessary for the functioning of the website, will only be carried out if Kutxabank has the consent provided for the use of cookies in each one of the existing Webs, where you are provided in the Cookies Policy section with all the information on this type of processing. Additionally, in the case of your browsing habits, these will include the websites visited by you. For carrying out this processing we will request your prior consent for each and every one of the said processing.
  • Geographical data: the geolocation data in your mobile device provided due to the installation and/or use of our mobile applications, when you have authorised as such in the settings of the application.

Under no circumstances will we process data that may infringe upon the principles of competition or business secrets.

• Data inferred or deduced by Kutxabank from the analysis and processing of the remaining data categories. These data are:
  • Customer groupings in categories and segments according to objective criteria such as age, income level, real estate, operations, consumption of products and services, or preferences or dispositions to contracting products, or classification in accordance with the Markets in Financial Instruments Directive (“MiFID”).
  • Scorings that assign probabilities of payment or non-payment or risk limits.

It is important to understand that we do not infer any data that may contain information which reveal your ethnic or racial origin, political opinions, religious or philosophical convictions, union affiliation, the processing of genetic data, data relative to health or data relative to your life or sexual orientation (“Special data categories”).

• Data directly provided by you, obtained from sources open to the public, public registries or external sources. These data are:
  • Data on asset and credit solvency obtained from the Asnef (Equifax) and Badexcug (Experian) files.
  • Data on risks maintained in the financial system obtained from the database of the Bank of Spain’s Risk Information Centre (CIRBE).
  • Data of persons or entities included in laws, regulations, guidelines, resolutions, programmes or restrictive measures in terms of international economic-financial sanctions imposed by the United Nations, the European Union, the Kingdom of Spain, the United Kingdom and/or the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC).
  • Data accessible to the Public such as those resulting from press inquiries, SM, the internet, newspapers and official bulletins, public registries, resolutions from Public Administrations, the Land Registry, telephone directories and lists of persons registered with professional associations.
  • Information from fraud prevention systems, such as Confirma and Iberpay.
  • Data on administrators, functional positions and corporate connections: data extracted from INFORMA databases that we will use to complement the information on your activity.
  • Data on grants and agricultural insurance: data published by the Spanish Agrarian Guarantee Fund (FEGA) and by the National Agency for Agricultural Insurance (ENESA).
  • Data on properties and vehicles associated to you: data obtained from the Land Registry and basic vehicle data obtained from the Directorate General for Traffic that we will use to complement the information on your property and vehicles.
  • Information on the appraisal of real estate, vehicles or other immovable property and assets obtained from recognised sources that will enable to value your creditworthiness.
  • Data obtained from the General Social Security Treasury relative to the type of labour activity (self-employed or paid employment) and the CNAE thereof.
  • Profiling information obtained from companies of supply services of the general interest (energy, communications etc.).

4 What processing do we carry out on your data?

The processing we carry out responds to different legal purposes and bases.

4.1 Processing customer registrations and contract requests or concluding contracts.

Description of the processing

Prior to registering your data in our systems, we will inform you of this customer personal data protection policy and then request the minimum data needed to commence the pre-contractual activity or contractual relationship you request.

Kutxabank will carry out the following processing, inter alia:

• Collect the data of the documents required for managing the acceptance of its customers.
• Manage the taking out of a product.
• Apply the risk approval policies, enabling the profiling of your creditworthiness necessary for analysing the feasibility of concluding the contract requested.
• Evaluate the appropriateness of your investment profile for taking out MiFID investment products and services.
• Formalize the signing of the product and service contracts.

Purpose of the processing

The purpose of this processing is to treat your personal data in order to handle and analyse your registration as a customer, the contract request or the concluding of the contracts.

Basis of the processing

The processing will be carried out in accordance with the obligations set forth in the prevailing legislation at all times as regards the acceptance and registration process of customers and the contracting processes of each one of the products.

Data categories used

The data Kutxabank will use for these purposes are:

• Data you have provided us with when entering into contracts and during your relationship with us.
• Data relating to maintaining products and services.
• Data inferred or deduced by Kutxabank from analysing and processing of the remaining data categories.
• Data you have directly provided us with, obtained from sources accessible to the public, public registries or external sources.
  • Additionally, for entering into loan and credit transactions, Kutxabank may process, where applicable, the data obtained from different information issuing entities on asset solvency and creditworthiness, including the Bank of Spain’s Risk Information Centre, as well as profiling according to statistical analyses, sociodemographic data or consult asset solvency databases or other sources accessible to the public outlined in this Policy. And all, in accordance with our legal obligation of analysing the solvency and risk of the transaction requested.

4.2 Developing, controlling, maintaining and updating the contractual relationship.

Description of the processing

The processing operations to carry out are as follows:

• Processing the requests or mandates provided by you.
• Managing operations, charges, recoveries.
• Carrying out audit activities and where applicable, the management and control of the preliminary, administrative, judicial or arbitration files affecting Kutxabank within the framework of the contractual relationship. 
• Receiving, processing, managing, responding and reporting to claims received.

Purpose of the processing

The purpose of the processing is to develop, control, maintain and update the contractual relationship we have formalised.

Basis of the processing

This processing is required for maintaining the contractual relationship we establish and failure to provide them would make it impossible to manage such relationship, as it is based on meeting the contractual and legal obligations of the Entity.

Data categories used

The data Kutxabank will use for this purpose are:

• Data you have provided us with when entering into contracts or during your relationship with us.
• Data relative to maintaining your relationship with us.   

Data disclosures

Kutxabank may disclose your data to the competent authorities, control and supervisory bodies and legal, administrative or tax authorities, for the purpose of meeting the applicable regulations at all times, in particular, but not limited, to the banking or financial sector. In addition, Kutxabank may disclose your data to collaborators needed in processing activities such as agents, auditors, Notaries Public and Public Registries.

4.3 Meeting accounting, legal, tax and administrative obligations.

Description of the processing

Including without limitation, the most relevant processing carried out with these purposes is outlined:

• Meeting the Entity’s accounting obligations.
• Meeting the tax obligations of the Entity as well as that of natural or legal persons as regards taxation as a result of the operations executed.

Purpose of the processing

The purpose of the processing is to meet accounting, legal, tax and administrative obligations.

Basis of the processing

The processing of your data is necessary for meeting the accounting, tax and legal obligations required from the Entity for its activity.

Data categories used

• Data you have provided us with when entering into contracts or during your relationship with us.
• Data relative to maintaining your relationship with us.

Data disclosures

Kutxabank may disclose your data to the competent authorities, control and supervisory bodies and legal, administrative or tax authorities, for the purpose of meeting the applicable regulations at all times, in particular, but not limited, to the banking or financial sector. In addition, Kutxabank may disclose your data to collaborators needed in processes such as Notaries Public and Public Registries.

4.4 Compliance/non-compliance of monetary obligations.

Description of the processing

The processing carried out with these purposes is as follows:

• Reporting data relative to non-payments to files relative to the compliance or non-compliance of monetary obligations, in accordance with data protection regulations. Kutxabank will ensure the compliance of the regulatory obligations that its debts are exact, due and enforceable and have not been subject to legal, arbitration or administrative claims on its part.
• Consulting data in asset solvency and creditworthiness files, to the extent required, to judge economic solvency prior to contracting or for the appropriate monitoring of the transactions already contracted. On the basis of these consultations, Kutxabank may come to decisions that affect you, including, where applicable, not entering into contract. If the reason for refusal of a transaction is based solely on the circumstance of your presence in the assets solvency files you will be informed of such reason.

Purpose of the processing

The purpose of the processing is to maintain the security of economic traffic, thereby contributing to safeguarding the general interest and make it possible to improve the risk analyses performed by the Entity in order to protect free commercial exchange under conditions of security and solvency.

Basis of the processing

This processing is carried out in order to meet the regulations on the responsible granting of loans and remaining legal measures required by applicable legislation.

Data categories used

• Data you have provided us with when entering into contracts or during your relationship with us.
• Data relative to maintaining your relationship with us.
  • Resulting from the situation of your credit transactions in default, specifically the balance due for these and the duration of the irregular situation.
• Data you have directly provided us with, obtained from sources accessible to the public, public registries or external sources. These data are:
  • Asset and credit solvency data obtained from the Asnef (Equifax) and Badexcug (Experian) files.
  • Data on the risks maintained in the financial system obtained from the Bank of Spain’s Risk Information Centre database (CIRBE).

Data disclosures

Data relative to defaults may be reported to files relative to the compliance or non-compliance of monetary obligations, Badexcug (Experian) and Asnef (Equifax) and to CIRBE in accordance with its specific regulations.

4.5 Compliance with obligations on the Prevention of Money Laundering and Terrorist Financing.

Description of the processing

The processing carried out with these purposes is as follows:

• Obtain the information and documentation necessary to meet the due diligence and knowledge of customer obligations, particularly as regards the identity, economic activity and contractual purpose of customers. In addition, verify if you or close relatives hold or have held politically exposed positions.
• Contrast the information obtained with external sources or databases from public registries, official bulletins or businesses that provide information services.
• Verify your relationship with companies and, where applicable, your control position therein.
• Report and update your information in the Financial Ownership File, responsibility of the Executive Service for the Prevention of Money Laundering and Monetary Offences (SEPBLAC).
• Carry out an analysis on suspicious money laundering operations in order to meet the obligations established in the specific regulations.
• Report information to the Executive Service for the Prevention of Money Laundering and Monetary Offences (SEPBLAC).
• Check whether you are in the lists of persons or entities on which there are sanctions and international financial counter-measures imposed by the European Union, the Kingdom of Spain and other international lists.

Purpose of the processing

The purpose of the processing is the prevention of criminal activities and those related to money laundering and the financing of terrorism as defined in the specific regulations.

Basis of the processing

This processing is carried out in order to comply with prevailing legislation on the prevention of money laundering and the financing of terrorism which obliges banking entities to obtain information and documentation from their customers as regards their identity and their economic activity in order to apply due diligence and knowledge of customer measures.

Data categories

• Data you have provided us with when entering into contracts or during your relationship with us.
• Data relative to the maintaining of products and services.
• Data inferred or deduced by Kutxabank from the analysis and processing of the remaining data categories. These data are:
  • Data you have directly provided us with, obtained from sources accessible to the public, public registries or external sources, in particular the data of persons or entities included in laws, regulations, guidelines, resolutions, programmes or restrictive measures in terms of international economic-financial sanctions imposed by the United Nations, the European Union, the Kingdom of Spain, the United Kingdom and/or U. S. Department of the Treasury’s Office of Foreign Assets Control (OFAC).

Data disclosures

In force regulations require and enable Kutxabank to share information with subsidiary Entities that form part of the Represented Group for the Prevention of Money Laundering and the Financing of Terrorism to this end.

Likewise, Kutxabank has the obligation of declaring to the Financial Ownership File the opening or cancelling of any current accounts, savings accounts, stock accounts, deposits and of any other type of payment accounts, as well as safety deposit box lease agreements and lease terms regardless of its trade name, consequently your identification data will form part of this file created for the purpose of preventing and deterring money laundering and the financing of terrorism. The controller of this file is the Secretary of State for the Economy and Business Affairs.

4.6 Prevention of fraudulent conduct.

Description of the processing

The processing carried out for this purpose is:

• Analysing and reviewing the transactions conducted through our systems for managing fraud risks and protecting our customers.
• Consulting your data in external databases managed by the law enforcement forces and bodies to protect you from fraud.

Purpose of the processing

The purpose of this processing is the prevention, detection and/or pursuit of fraud.

Data categories used

The data categories used for this purpose are:

• Data you have provided us with when entering into contracts or during your relationship with us.
• Data relative to maintaining products and services.
• Data inferred or deduced by Kutxabank from the analysis and processing of the remaining data categories.
• Data you have directly provided us with, obtained from sources accessible to the public, public registries or external sources.

Basis of the processing

The processing is based on the legitimate interest of the account holders who may be affected by fraud committed by third parties, as well as Kutxabank’s of ensuring the detection and prevention of fraud in the banking transactions to and from your account.

Data disclosures

With the exclusive goal of preventing criminal situations, and provided it has sufficient evidence for determining the existence of a possible fraud, Kutxabank will be legitimised, in order to prevent thereof, to disclose the data of its customers to Cajasur, or to outside companies affected by such situation.

Processing referring to the Information Sharing Service for the prevention of fraud.

Joint controllers for the processing

The joint controllers of the file are all the financial institutions adhered to said common file as joint controllers of the processing. The Entity has the essential aspects of such joint controller agreement at your disposal and you may request it via the email address of our Data Protection Officer dpo@grupokutxabank.com. In addition, you may consult the updated list of entities adhered to the common list at https://www.iberpay.es/es/servicios/servicios/prevenci%C3%B3n-del-fraude/#tab-4.

Description of the processing

Registering and consulting the data of suspicious or unauthorised transactions in a common repository operated by Iberpay as controller of the processing.

Basis of the processing

The processing is based on the legitimate interest of the account holders who may be affected by fraud committed by third parties, as well as Kutxabank’s of ensuring the detection and prevention of fraud in the banking transactions to and from your account.

Data categories used

• Data you have provided us with when entering into contracts or during your relationship with us, either directly or through your legal representative or attorney in fact, as well as from the public or private entities with which processing agreements are established:
  • Identification details:
    • Name, Surnames and ID Card.
• Data relative to the maintenance of products and services:
  • Data relative to a suspicious or unauthorised transaction.
  • IP connection data.
  • Geolocation.
  • Device identification.

Conservation period

• Data corresponding to suspicious transactions will be conserved in the repository for a period of one month.
• Data corresponding to unauthorised transactions will be conserved in the repository for a period of 12 months.

4.7 Remittance of commercial communications.

Description of the processing

The processing carried out with this purpose is the sending of commercial, generic or personalised communications for promoting products and services commercialised by Kutxabank, as well as the remittance of communications relative to personal events, such as birthdays or anniversaries, and public events, such as Christmas and other socially accepted or recognised festivities, sports, social and/or cultural events, through postal mail, fax, SMS, email or by any other medium.

Purpose of the processing

The purpose of this processing is to offer you products and services commercialised by the Bank, and third-party collaborators dedicated to the banking and financial, insurance, real estate and services sectors, which are of interest. In addition, if we have your consent, we will send you communications related to personal events, such as birthdays or anniversaries, and public events, such as Christmas and other socially accepted or recognised festivities, sports, social and/or cultural events, which we believe may be of interest to you.

Data categories used

• Data you have provided us with when entering into contracts or during your relationship with us by means of interviews or forms.

Basis of the processing

This processing is carried out from your explicit consent granted beforehand for remitting commercial communications. Said consent may be withdrawn at any time, through any of the channels available for exercising your rights and outlined in this Policy.

For promoting other types of products from other subsidiary companies, or third-party collaborators, and particularly in the insurance sector, we will also require your express prior consent. In any case, the mentioned consent is revocable, the customer may also oppose such processing at any time.

In this regard, we would like to inform you that Kutxabank has insurance bank agent status exclusive to Kutxabank Vida y Pensiones and Kutxabank Aseguradora, which means that all the insurances commercialised by the bank go through said insurance company.

As an exception, Kutxabank considers that in relation to the data subjects who were customers of the Entity prior to the entry into force of the GDPR, it has the legitimate interest of promoting its business activity making offers of credit or savings products and services as well as insurance products which are related to the credit financial products or services it maintains contracted. In order to do this, Kutxabank has carried out the corresponding weighting analysis of its interests and the rights and freedoms of the data subjects.

4.8 Commercial profiling.

Description of the processing

The processing carried out with this purpose is commercial profiling in order to identify the customer segment and to adapt the offer of products and services.

The profiling done with your personal data is as follows:

• Segmentation of profiles to offer you products and services of interest for you.

• We will carry out segmentation processing based on your age, products previously taken out with the Entity and movements of transactions obtained from available information resulting from the management of products and services taken out by you. Thus, we will be able to identify products and services we believe may be of interest for you based on the available data, unused for these cases of no data obtained from external sources, including asset solvency files.

• Risk profiles for offering financing products.
  • Determining your solvency and payment capacity in order to offer or respond to future financing requests as swiftly as possible. The logic we apply to such processing is essentially based on the data provided by you of your income level, which we will deduce derived from your operations with us of your savings capacity and our experience with you in previous transactions.

Purpose of the processing

The purpose of the processing is to apply statistical and customer segmentation techniques on your data in order to provide you with commercial offers suited to your needs and preferences as well as monitoring the services contracted.

Data categories

The data categories processed for this purpose are:

• Data you have provided us with when entering into contracts or during your relationship with us by means of interviews or forms.

• Data relative to maintaining products and services.

• Data inferred or deduced by Kutxabank from the analysis and processing of the remaining data categories.

Kutxabank would like to expressly inform you that no data which you have not provided us with directly, obtained from the information contained in the asset solvency files will be used for this profiling. Kutxabank will only incorporate the information contained in such files when you request a loan or credit transaction or if we have your express consent.

Basis of the processing

The processing is carried out on the basis of legitimate interest for such processing consisting of undertaking its duties with the maximum efficiency and quality intrinsic to the Entity as well as perceived by you as a customer. In order to do this, Kutxabank has carried out the corresponding weighting analysis of its interests and the rights and freedoms of the data subjects. You may oppose the carrying out of this type of processing at any time by any of the means mentioned in point 8 of this Policy.

By contrast, if external databases are used for producing this information, particularly the information contained in the assets solvency files, the processing will only be carried out if you have requested a loan or credit transaction or we have your express consent. You have the right to revoke the provision of said consent at any time.

4.9 Promotions and draws.

Description of the processing

The processing carried out with this purpose is relative to the processing of your access requests for promotions or draws organised by Kutxabank, which we understand to be in your interest, without the need for you to expressly register therein.

Purpose of the processing

The purpose of the processing is for presenting you promotions offered by the Entity to its customers without the need for you to expressly register therein.

Data categories

The data categories we will process for this purpose are:

• Data you have provided us with when entering into contracts or during your relationship with us.
• Data relative to the maintaining of your products and services.

Basis of the processing

This processing is based on the legitimate interest for managing your contracts, but will require your consent prior to accepting a prize and therefore no processing will be carried out in the event you have previously declared your opposition to be the subject of advertising campaigns.

4.10 Security of the facilities (Video surveillance)

Description of the processing

The processing carried out for this purpose is to capture and record images through the equipment installed in Kutxabank’s offices, branch offices, buildings and corporate centres.

Purpose of the processing

The purpose of the processing is to implement the necessary security measures to protect our customers and the Entity’s assets and to prevent economic and reputational damage. The surveillance camera systems are installed for Kutxabank security purposes. Kutxabank will not be able to use surveillance cameras in a way incompatible with the purpose expressly described and agrees to save the images recorded in good faith and in accordance with such purpose.

Data categories

The data categories we will process for this purpose will be the images captured by the video surveillance cameras.

Basis of the processing

The basis of the processing is the legal obligation of Kutxabank to protect its facilities, staff and customers in accordance with Private Security Regulations.

Data disclosures

Data may be disclosed at the request of judicial authorities or State law enforcement bodies or forces when this is required in the fulfilment of their obligations.

4.11 Processing for the statistical and internal monitoring of the Entity.

Description of the processing

The processing carried out for the monitoring and constructing statistics of the activity in the Entity, are:

• Pooling customer data for performing statistics.
• Organising the data for drafting reports and statistical models.

In the case of providing data to third parties for statistical purposes, the Entity undertakes to apply the pertinent anonymisation techniques or provide information on an aggregate basis, such that said information bears no relation to an identified or identifiable natural person. 

Purpose of the processing

The purpose of the processing is to draft statistical reports and mathematical models for managing and monitoring the Entity’s activity.

Data categories

The data categories we will process for this purpose are:

• Data you have provided us with when entering into contracts or during your relationship with us by means of interviews or forms.
• Data relative to maintaining products and services.
• Data inferred or deduced by Kutxabank from the analysis and processing of the remaining data categories.

Basis of the processing

The basis of the processing is Kutxabank’s legitimate interest of developing its business activity.

4.12 Complaint handling and management of disciplinary proceedings.

Description of the processing

The processing carried out with this purpose is:

• Detection and management activities of possible criminal, illegal conduct and/or contrary to the Entity’s internal action regulations contained in its internal policies and procedures.
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Purpose of the processing

The purpose of the processing is the handling of complaints, as well as preventing, detecting, managing and resolving criminal, illegal conduct and/or contrary to the Entity’s internal regulations.

Data categories

The data categories we will process for this purpose will be:

• Identification data which, you have, voluntarily, provided us.

Basis of the processing:

This processing is carried out under the principle of legitimate interest as well as in compliance of a legal obligation.

4.13 Disclosure of data to other companies for remitting commercial communications.

Description of the processing

The processing carried out for this purpose is communicating identification, contact and profiling data to other companies so they may remit commercial communications, including by electronic means, of the products and services commercialized by them.

Purpose of the processing

If we have your consent, we will disclose the data to collaborating and/or investee companies, in order for them to make commercial offers of the products and services they commercialize.

Data categories

If you do not grant us consent for this processing, we will not disclose your data. If you do consent, the data we will communicate to other companies will vary depending on whether you have refused, or not, to commercial profiling to adapt the offer of products and services:

• If you have refused the personalization of our offer of products and services, we will only provide these companies with your identification and contact data. 
• If you have not refused the personalization of our offer of products and services, we will also disclose information relative to your segmentation and risk profile to these companies.

Basis of the processing:

This processing is carried out from your prior explicit consent for communicating data to other companies. This consent may be withdrawn at any time through any of the channels enabled for exercising rights and set forth in this Policy.

Data disclosures

The companies to which we may disclose your data provided we have your express consent can be viewed in detail on the following link: https://portal.kutxabank.es/cs/Satellite/kb/es/sociedades-del-grupo-kutxabank/documento.

5 How long do we keep your data?

Kutxabank will keep your data during the term of the contractual relationship or as long as is necessary for the particular purpose of each processing.

The processing of data based on consent will be in force until you expressly withdraw it or the contractual relations or business you have established with us have come to an end.

Upon the withdrawal of consent or the end of contractual or business relations, we will proceed to implement technical and organisational measures to ensure your data are only used in accordance with in force legal obligations.

The Entity will proceed with the destruction of your data within the deadlines set forth by the in-force legislation and which regulates Kutxabank’s activity, taking into account the statutes of limitations of administrative or judicial actions.

The personal data provided in the phase leading to the formalisation of the business relationship or the contracting of a product or service, will be kept by Kutxabank for a maximum of six months, unless a longer period is determined in the request. Nevertheless, if you wish, you have the right to request the effective removal of your data in a shorter period.

As regards the video surveillance recordings, the regulations relative to Private Security applicable to Kutxabank establishes a maximum data retention period of fifteen days from the date of recording, unless the competent judicial authorities or the Law Enforcement Bodies and Forces provide otherwise.

Personal data relating to communications and investigations on regulatory breaches and the fight against corruption will only be kept for as long as necessary, and in no case may this exceed ten years. If an investigation is not commenced within three months from the submission of the communication, the communication system will be abolished, unless it is in order to keep evidence of system operations and anonymously if they are not forwarded communications.

6 What recipients do we communicate your data to?

Kutxabank will not disclose any of your data, unless such disclosure is carried out based either on your consent, or on a legal or contractual obligation with you, such as those listed below:

• Supervisory authorities for compliance with monitoring and control requirements and actions.
• Subsidiary companies obliged by Prevention of Money Laundering and the Financing of Terrorism regulations and official authorities or bodies from other countries, located within as well as outside the European Union, in the framework of the fight against the financing of terrorism, serious forms of organised crime and the prevention of money laundering.
• Courts and Tribunals, and State Law Enforcement Forces and Bodies, in the event Kutxabank may be required to communicate personal data.
• The Bank of Spain’s Risk Information Centre and, files relative to the non-compliance of monetary obligations, in the event such non-compliance were to occur.
• Entities acting as necessary collaborators for processing your contracts and managing your products and services, such as Notaries Public, Public Registries, prescribers, authorised appraisal companies, courier operators and real estate market brokers and intermediaries, bound or not, such as real estate sites, expressly recognised and informed.
• Suppliers and third parties with which Kutxabank has entered into contract for the provision of services which involve the processing of personal data. In these cases, Kutxabank guarantees that said contracts for commissioning processing shall be formalised into one contract containing all the guarantees required by current legislation. The processing controllers may in no case use your data for their own purposes or others than those specified in each one of the contracts.
• Kutxabank Store, S.L.U., provided you have previously made a request to register on the platform, and under the premise that it is a necessary communication in order to make it possible to carry out the register.
• Group Kutxabank Companies and collaborating and/or investee companies for remitting commercial communications of its products and services, provided you have given us your prior consent for such communication.

7 International Data Transfers

As a general rule, Kutxabank does not send data transfers to other companies located or whose servers are located outside the European Economic Area. However, in those exceptional circumstances in which such international transfers do occur, Kutxabank will adopt the necessary measures for these to be sent to a country or organisation that has provided the appropriate guarantees, or failing this, these can be based on legitimate principles established by regulations.

8 Exercising rights

You may exercise your rights of access, rectification, opposition, cancellation, limitation, portability of your personal data, of withdrawing your consent and not be subject to automated decision-making, in accordance with the law. You may request to exercise these rights through any of the following channels, submitting your request, accompanied, if necessary, by a copy of your identification document:

• Via mail to our corporate address
• Via the info@kutxabank.es  email
• Directly to our Data Protection Officer at dpo@grupokutxabank.com

In addition, if you have any claim derived from the processing of your data, you may address it to the Spanish Data Protection Agency (www.aepd.es).