FABARWealth Management Limited, a limited liability company registered and incorporated under the Laws of Malta (the “Company”, “FABAR”, “we”, “us”, and “our”), respects and protects the privacy of the visitors to our Website and of the clients using our Services.
Please take a moment to read this Privacy Notice explaining you what, why and how we process your personal data. If you have any questions about this Privacy Notice, please contact us to our dedicated email address firstname.lastname@example.org or by means of postal services to our registered office located at Il Piazetta A, Level 5, Suite 52, Tower Road, Sliema SLM 1607, Malta. You may also contact us using the “Contacts” form available directly on the Website.
FABAR is a limited liability company, registered and incorporated under the Laws of Malta and having with company registration number C 77007. The Company is licensed to carry on investments services in and from Malta, being granted a Category 2 Licence by the Malta Financial Services Authority (“MFSA”).
After enrolling as a client through our Website, you may benefit from our discretionary portfolio management services (“Services”). Based on the investment mandate given to us, we will manage your client account and make investment decisions on your behalf. Our Services are being promoted by carefully selected partners.
Our “Website” refers to www.fabar.eu and provides a description about us, our Services, our research and analysis, and gives access to the Client Portal. After your enrolment as a client, you may use your client account on the Client Portal for all communications between us and you related to your email registered with us for your client account. All such correspondence will be stored and be visible on your client account. Further on, we may add other features to the Client Portal and you shall be informed of any such additions and benefits.
“Personal data” means any information relating to an identified or identifiable natural person, such as, but not limited to, first and last name, date of birth, email address, address, occupation, education.
By using our Services, the Client Portal, the Website or otherwise providing your personal data to us, you agree to the collection, use and sharing of your personal data under this Privacy Notice.
We are aware that the protection of personal data is an ongoing responsibility and we reserve the right to modify this Privacy Notice, at any time, in case of new personal data practices or changes in the privacy policies. All updates and changes are effective immediately upon notice, which we will give by any means, including without being limited to, posting a revised version of this Privacy Notice on the Website or sending a notice to your emailassociated to your client account. We encourage you to check from time to time the Website and your client email to see the updates to this Privacy Notice and any changes that could have an impact on you.
This Privacy Notice is replacing and supersedes all previous notices or statements regarding our privacy practices.
We collect personal data directly from you when you decide to enrol as a client of ours and use our Services, when you call or email us, or otherwise provide your personal data directly to us.
As part of the enrolment process, you have to fill in personal details, to provide documents in order for us to comply with legal obligations of Know-Your-Customer (“KYC”), and other information which allows us to assess your suitability for investments and provide you appropriateServices. More specifically:
- Through the Application Processavailable within the Client Portal, we are collecting personal data about you such as your name, your email address, your date of birth, your address, a phone number.
- As KYC documents, we are asking you to provide two forms of identification documents: proof of identify (either ID Card, Passport, Photo Driving License, both front and back of the card as the case may be) and proof of address (either bank statement, electricity bill, gas bill, official document, water bill or land line telephone bill).
- Also, we collect information about your knowledge and qualification, experience, investment objectives, and financial situation as part of the suitability assessment.
Also, when you correspond with us by email, postal service, or use other form of communication, we may retain such correspondence and the information contained in it and use it to respond to your inquiry/concern, or to keep a record of your such inquiry/concern, the reply provided by us, and the like.
We may automatically collect personal data when you browse our Website or use the Client Portal, such as: (i) your IP address, (ii) your devices browser and operating system, (iii) the region or general location from where your computer or devices accessed the internet, (iv) usage information about the way you use the Website, including a history of the pages you visited, (v) language preferences, (vi) security login. We may collect the personal data through the use of log files (when visiting the Website) or cookies (on the Client Portal).
We may obtain your personal data from other sources such as public databases, social media platforms, our business partners. Please know that we take steps to ensure that such parties are legally permitted to disclose such personal data to us.
We may use this personal data in combination with other information (including personal data collected directly from you) to know more about you, to provide you the Services or to inform you about new products/services that may be of interest for you.
We process your personal data only for specific purposes, such as to give you access to and to perform our Services, for client administration, to communicate with you about new products/services in the portfolio of the Company that may be of interest for you, to deliver other benefits or opportunities associated with your client status, to inform you about legal and regulatory changes having an impact on our relationship and to comply with our legal obligations under MiFID II, Anti-Money Laundering rules and other laws and regulations. We are processing your data also to assess your suitability for investments and to better tailor our Services to your requirements.
We may process your personal data if you consent to the processing, if necessary for us to comply with legal obligations that we are subject to, if necessary for the performance of any contract we entered with you, or in order to take steps at your request prior to entering into a contract with you, or for the purposes of our legitimate interests that do not override your interests and fundamental rights and freedoms.
We use your personal data for the following specific processing purposes:
- to provide you products, offers and services;
- to help us create, develop, operate new products/services and send you, from time to time, information and promotional content about such new products/services or new features of existing products/services in our portfolio or offered by our carefully selected business partners, in accordance with your marketing preferences;
- to send you alert messages from time to time: we may inform you of temporary or permanent changes to our Services, our terms, conditions, policies, new features, updates or changes to the Privacy Notice etc.
- to communicate with you about your client account and provide customer support, and to answer your questions or respond to your requests;
- to meet legal requirements, including complying with court orders or regulatory investigations, subpoenas or other lawful legal actions and request of public authorities;
- to provide information to representatives and advisors, including attorneys, accountants and business consultants, to assists us in complying with the applicable legal and regulatory requirements;
- to manage our Website;
- to improve the Services offered to you: for example, we may use your personal data for internal purposes such as data analysis and research;
- to enforce an agreement we have with you, or in case of need to protect our rights, property or safety, or to protect the rights, property or safely of our personnel or others, or to otherwise manage our business;
- to address disputes and claims, or to prosecute and defend in the court or similar proceedings;
- to protect against or identify possible fraudulent actions;
- to transfer your personal data in case of a sale, merger, consolidation, liquidation, reorganization or acquisition; in such case, the relevant acquirer will have same obligations as in this Privacy Notice in relation to your personal data; we will send you an information of the change either by email or on the Website.
If we would intend to further process your personal data for an incompatible purpose to the ones mentioned above, we will provide you information on such other purposes and any relevant information prior to such further processing.
When the processing carried out by us is necessary for the performance of the contract or to take steps at your request prior to entering into a contract with us, your wish as to not providing us with your personal datawill result in our impossibility to comply with applicable laws and regulations specific for investments services and we will not be able to provide you the Services.
Based on your communication preferences, we may send you (by email or SMS) marketing communications to inform you about products and services in the portfolio of the Company, or supplied by our subsidiaries, affiliates and sister companies, associates or carefully selected business partners.
Your consent for the use of your personal data for marketing purposes will be retained in the contract you enter with us when enrolling as a client of the Company. You can also choose not to receive marketing communications when signing the contract with us. You can also change your mind (opt-out) at any time and free of charge. If you want to not receive promotional communications from us further on, you may send an email at email@example.com with the title “no marketing communications” or you may “unsubscribe” directly in the marketing communication received.
If you are not our client yet, we will contact you for marketing purposes only if we have your consent for such communications.
Please know that we appreciate your trust in us and we do not sell your personal data to any company. We are processing your personal data in association with your client contract and your account on the Client Portal.
In specific situations, we may share your personal data to third-parties as follows:
- if you request or authorise such sharing;
- to third-party service providers performing business operations on our behalf, including for compliance, fraud prevention and monitoring; we will provide them only the information they need to perform the services requested by us, and we require them to enter into an agreement with us and to ensure a high level of security for your personal data and to not use it for any other purpose (for example, we will share your personal data to the provider hosting our email and/or providing the Client Portal feature on the Website);
- to carefully selected partners for joint promotions or other programs that we believe may be of interest for you;
- to courts and/or public authorities such as the MFSA or similar to comply with our legal obligations;
- to advisors, auditors, attorneys, accountants and other business consultants to assists us in complying with the applicable legal and regulatory requirements.
We may share aggregated and/or anonymous information that does not identify you for business purposes of the Company or of our carefully selected business partners (for example, we may disclose the number of clients interested in a certain investment portfolio).
We and our third-party service providers may use various cookies to collect and store information when you create a client account, or you log in to your client account. Cookies are essential for the functionality of the Client Portal and it is used to identify you as a client. You may choose not to agree to the use by us of cookies and in such case, you agree that you will not be able to use the Client Portal (you will be redirected).
We do not track users when crossing to third party websites.In case we may use other technologies such as pixels and web beacons, you will be informed accordingly. For more information, please see our Cookies Policy.
FABAR does not transfer your personal data to entities outside the EEA. In case such transfer would be necessary so that you benefit from our Services, you will be adequately informed of such transfer and suitable safeguards will be applied to protect the privacy and security of your personal data and its use in accordance with the practices described in this Privacy Notice.
We ensure that your rights in respect of personal data are well observed. FABAR encourages you to submit any individual rights requests through your account in the Client Portal that is authenticating you as a client. Otherwise, we may take steps to verify your identity when receiving an individual rights request before complying with your request regarding your privacy rights.
- Right to access your personal data. You have the right to obtain from us a confirmation as to whether or not your personal data are being processed and where is the case, to request information such as the purposes of processing, the categories of personal data processed by us, the persons/entities outside FABAR having access to your data, the source of the information (if we received your data differently than directly from you), duration of the storage, the existence of automated decision-making, including profiling.
- Right to rectification. You have the right to obtain from us without undue delay the rectification of your inaccurate personal data.
- Right to erasure. You have the right to obtain from us the erasure of your personal data without undue delay if your personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed, if it was collected based on your consent and you withdrew you consent later on, if it was collected in relation to processing activities to which you object and there are no overriding legitimate grounds for our processing. If we have made your personal data public and we are obliged to erase the personal data, we will take reasonable steps, including technical measures, to inform other parties that are processing your personal data that you have requested the erasure of any links to, or copy or replication of your personal data, taking account of available technology and the cost of implementation.
- Right to withdraw consent. You have the right to withdraw your consent for the processing of your personal data collected on the basis of your consent, at any time. Please know that such withdrawal will have no effect on the lawfulness of our processing based on your consent before your withdrawal.
- Right to restriction of processing. You have the right to restrict or object to us processing your personal data if you contest the accuracy of your personal data (for a period enabling us to verify the accuracy of your personal data), if the processing is unlawful and you oppose the erasure of your personal data and request the restriction of its use instead, if we longer need your personal data for the purposes of the processing, but they are required by you to establish, exercise or defence of legal claims, if you have objected to processing, pending the verification whether our legitimate grounds of processing override your rights.
- Notification of erasure, rectification and restriction. We will communicate to you any rectification or erasure of personal data or restriction of processing to each recipient to whom the personal data have been disclosed unless this proves impossible or involves disproportionate effort. We will inform you about such recipients if you request us this information.
- Right to data portability. You have the right to receive from us your personal data in a structured, commonly used and machine-readable format or have us transfer your personal data to another “controller” (if technically feasible). This shall apply in relation to the personal data we processed based on your consent or on a contract with you, or when the processing is carried out by automated means. “Controller” shall mean a natural or legal person, public authority, agency or other body that, individually or jointly with other parties, determines the proposes and means of the processing of your personal data.
- Right to object to processing. You have the right to object at any time to processing of your personal data where the processing is based on your consent, contract with us or our legitimate interest. We may continue to process such data if necessary for the defence of legal claims, for complying with our legal and regulatory obligations or for any other cases permitted by the applicable law.
- Automated individual decision-making, including profiling. You have the right to obtain human intervention on our part and to express your point of view and/or to contest the decision where you are the subject based solely on automated processing, including profiling, which produces legal effects on you or similarly significantly affects you. You have the right not to be subject to such automated decision, save for the exceptions applicable under relevant data protection laws.
- Right to lodge a complaint. If you consider we have infringed your rights, we encourage you to contact us at firstname.lastname@example.org so that we may try to solve your concerns informally. You have the right to file a complaint with the supervisory authority, in Malta the relevant data protection authority being the Information and Data Protection Commissioner, located at Level 2, Airways House, High Street, Sliema SLM 1549, Malta, email@example.com.
For the assessment of your suitability for investments, we use automated processing means, including profiling. We will automatically process your personal data, as directly provided by you, to determine your suitability only if:
- it is necessary to conclude and perform our Services;
- it is enforced by the legislation applicable to us;
- it is based on your consent.
You have the right to receive additional information on the logic behind the automated processing, as well as on the legal effects and consequences.
FABAR is using generally accepted standards to store and protect your personal data, both during collection and after for storage, including using encryption where appropriate. Your personal data is collected and stored on our behalf by a third-party provider (processor), and on the servers of the cloud-based database management services engaged by such provider, located in the United Kingdom while the backup (encrypted) is stored in Ireland.
We are requiring the third-party service provider by means of a written agreement to comply with relevant data protection legislation and security requirements in relation to your personal data.
We take reasonable and appropriate measures to protect your data from loss, misuse or alteration. We use technical, administrative and psychical procedures designed to ensure the security of your personal data. We are constantly working in improving our security measures, including by:
- implementing data privacy compliance procedures;
- verifying and updating the security technology from time to time;
- restricting the access to your personal data to only those employees and third-party service providers that need to know your information; our personnel are being constantly trained about the importance of the privacy and security of your personal data and disciplinary measures will be applied in case of violation; in our agreements with our third-party service providers we are requiring provisions to oblige them to ensure a high level of protection for your data;
- minimizing the personal data that we are collecting;
- regular backups and encryption of your data.
Please know that your account on the Client Portal requires an email address and password to log in. You must keep such information secure and never disclose it to third parties. Your account password is encrypted, and we cannot see such password, we cannot resend the forgotten password and we are able only to reset the password to your account.
In case of a security breach, we will notify you as soon as possible, we will act immediately to remedy and minimize its consequences and we will send you a report of the actions we took in response.
The Company retains your personal data for the duration of the client’s business relationship with the Company and thereafter for a minimum period of five (5) years after our last interaction (further obligations of storage may be enforced by applicable laws and regulations).
FABAR offers products and services only to individuals over the age of 18, and they are not targeted to, intended to be used by or designed to entice individuals under the age of 18. If you know of or have reason to believe that an individual under the age of 18 provided us with any personal data, please contact us.
For any questions or comments, or if you want us to update, delete or change any personal data we hold about you, or you may have concerns about the way in which we have handled/are handling your personal data, please use our “Contacts” form available in your account on the Client Portal (communications will be stored on your client account), send us an email at firstname.lastname@example.org, or you can contact us by postal services at II Piazzetta A, Suite 52, Level 5, Tower Road, Sliema, Malta.
Also, you may contact us using the contact form available directly on the Website (which will be transmitted to email@example.com as a guest inquiry).
Thank you for taking the time to learn about the way we are handling your personal data and thank you for trusting us in managing your investments.
Updated May 24, 2018