Information clause for the shareholders of X-Trade Brokers Dom Maklerski S.A. (hereinafter referred to as: “XTB”) regarding the processing of personal data
Pursuant to article 14(1-2) of the 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 (General Data Protection Regulation) (hereinafter referred to as: “GDPR”), XTB hereby informs that:
1. The data controller of your personal data is X-Trade Brokers Dom Maklerski S.A. with its registered office in Warsaw, Ogrodowa 58 street, 00-876 Warsaw, Poland, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, XII Commercial Department of the National Court Register under KRS No 0000217580, REGON 015803782, NIP 527-24-43-955, with a fully paid share capital of PLN 5, 869,181.75.
2. When it comes to the data protection issues, you may contact with our Data Protection Officer (hereinafter referred to as: „IOD”) at the following e-mail address: email@example.com or in writing at the address of the XTB headquarters: X-Trade Brokers Dom Maklerski S.A., Ogrodowa 58 street, 00-876 Warsaw.
XTB obtained your personal data from the Central Securities Repository of Poland (Krajowy Depozyt Papierów Wartościowych), in connection with expressing your intention to participate in the General Meeting of Shareholders and to exercise voting rights, pursuant to article 4063 § 1, 2, 3 and 5 of the act of 15 September 2000 titled Commercial companies code (hereinafter referred to as: „CCC”).
Purposes and grounds for data processing
Pursuant to article 6 paragraph (1) letters c and f of the GDPR, XTB will process your personal data in order to:
1. enable you to participate in the General Meeting of XTB Shareholders (article 4063 § 1, 2, 4 and 5 of CCC) and to record the course of the General Meeting of Shareholders in relation to shareholders, who exercised their right to participate in a General Meeting;
2. correctly perform task related to services for natural persons, who possess the XTB shares – the legal basis of processing is the necessity of processing to fulfill legal obligations incumbent on XTB, in particular:
– resulting from CCC, such us signing by the Management Board of XTB a list of shareholders entitled to participate in the General Meeting and sharing it on the Management Board’s premises for three business days prior to the General Meeting in order to make it available to other shareholders, make copies and send them to other shareholders (article 407 § 1, 12 and 2 of CCC);
– use the rights to shareholder profit (article 347 of CCC);
3. fulfill the information obligation specified in the Act of July 29, 2005 on public offering and conditions governing the introduction of financial instruments to organized trading venues and public companies; and
fulfill the information obligation specified in the Ordinance of the Minister of Finance of March 29, 2018 regarding current and periodic information published by issuers of securities and conditions for recognizing as equivalent information required by the laws of a non-member state.
Sharing of personal data
In connection with the processing of your personal data for the purposes referred to above, other shareholders may be the recipients of personal data, considering their right to access to the list of shareholders, in connection with sharing of the list of shareholders on the Management Board’s premises and the right to receive a copy of the list. Moreover, the Polish Financial Supervision Authority may also be the recipient of personal data. The Polish Financial Supervision Authority has a right to receive the list of shareholders entitled to participate in this meeting, specifying the number of shares and voting rights attached to each of them, pursuant to article 70 point 2 of the Act of July 29, 2005 on public offering and conditions governing the introduction of financial instruments to organized trading venues and public companies. In addition, your personal data may also be published in the current report, made public, and send to the Polish Financial Supervision Authority and to the Warsaw Stock Exchange S.A., when pursuant to article 70 point 3 of the Act of July 29, 2005 on public offering and conditions governing the introduction of financial instruments to organized trading venues and public companies, you have at least 5% of the number of votes at the General Meeting of Shareholders. XTB publishes audio-video recordings from General Meetings on the Internet, therefore Internet users may also be the recipients of the data. Recipients of data are also entities that process data on behalf of XTB engaged in the process of organisation of General Meetings.
Data retention period
Your personal data will be processed for the duration of the obligation to store them for the purposes stated above, and after that for the period and to the extent required by applicable law, including in particular tax law, accounting regulations and in the period in which it is possible to pursue a claim related in particular to the implementation of entitlement to a shareholder profit.
Rights of the data subjects
In accordance with GDPR, you have a right to:
1. access to your personal data and receive their copy;
2. rectification of your data;
3. erasure, restriction or to object to their processing;
4. data portability;
5. lodge a complaint with a supervisory authority.
Basis for data request
Providing your personal data is necessary to achieve the objectives stated above. Without providing the data, XTB cannot achieve these objectives.