1 Controller
1.1 Our identity and contact details
Clearstream Banking S.A.42, avenue JF Kennedy
L-1855 Luxembourg
Luxembourg
Phone: +352-243-0
Email: web@clearstream.com
1.2 Contact details of our Data Protection Officer
Data Protection OfficerClearstream Banking S.A.
42 Avenue JF Kennedy
L-1855 Luxembourg
Luxembourg
or send an email to: dataprotection@clearstream.com
2 Purpose, Categories of personal data, legal basis and retention
2.1 Categories of your personal data, purposes of our processing and their legal basis
We process the following categories of your personal data for the following purposes:2.1.1 General contact by e-mail, post or telephone:
Name, address, telephone number or e-mail address if you wish to contact us directly. We collect your personal data when you provide it to us via our contact forms or when you contact us directly. Then we process the information that you have provided to us in the course of establishing contact. This includes, in particular, names and contact data provided (address, telephone number or e-mail address), date and reason for contact. The personal data that you collect will only be used to answer and fulfil your specific enquiries. The legal basis is Art. 6 para. 1 lit. (f) GDPR, which permits the processing of personal data for the purpose of our legitimate interest in processing and answering your enquiry. Your personal data processed in this respect will be stored by us for as long as it is necessary to carry out our relationship (communication) with you and in accordance with the applicable legal storage regulations2.1.2 Performance of contracts and services:
If you or your company want to be authorized as a customer of one of our services, we collect your personal data (first name, last name, contact data, company) to register you to Clearstream Xact web portal and for the usage of our service. The sole responsible body is the respective Clearstream company with which a contract is concluded or occurs in the case of pre-contractual measures. The purposes of personal data processing are determined by the specific service or product. This may include especially assessments, consultation, trading activities, and the execution of business accounting and tolls. The legal basis for processing this personal data is Article 6 (1) lit. b GDPR, as processing is necessary to fulfil a contract or for pre-contractual measures between us and the customer. If the user is not the customer who concluded the contract with us, but an employee of the customer or otherwise authorized by the customer to use our services, the legal basis for processing is Article 6 (1) lit. f GDPR, as the processing is in the legitimate interest of the customer. The legitimate interest of the customer is to enable the user to use our services in accordance with the contract. Your personal data processed in this regard will be stored by Us as long as it is necessary to carry out Our relationship (registration and use of our service) with you and required by applicable statutory retention laws.2.1.3 General use of our website:
When you use our website and online platform, we will automatically log information about the browser that is used to access the website, such as your IP address, session time, pages viewed from that address and the website from which you are visiting the website. We may also collect device-specific information, such as your hardware model and operating system. We use this information to identify and prevent malpractice and crime and to investigate improper conduct. The legal basis for the processing of your personal data for these purposes is Art. 6 para. 1 lit. (c) GDPR in fulfilling our legal obligation to take technical and organisational measures to ensure secure data processing in accordance with Article 32 GDPR and Article 6 para. 1 lit. (f) GDPR in order to pursue our legitimate interests in data processing for network and information security. After the specified period of 30 days, the above data will be deleted. If data is processed for a longer period of time, we will anonymise or delete the data as soon as their storage no longer serves the respective purposes.2.2 Do you have to provide personal data to us?
The provision of your personal data is necessary in order to access the protected areas of the website, which are restricted to members of our customer groups, to contact us directly or to receive a newsletter (if available). This means that it is necessary that you give us your personal data in the context of e.g. to provide a user registration process or contract.2.3 Do We make automated decisions on you?
We do not make any automated decisions solely on automatic processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.2.4 Retention periods
The retention periods for personal data depend on the purpose of the processing. We will store the personal data mentioned under 2.1 above as long as this is necessary for the respective purpose and / or (ii) this is required in accordance with the applicable statutory retention laws. We will keep personal data that you provide us for as long as our business relationship with you or with your company exists, plus all applicable retention periods that are in accordance with the statutory provisions (e.g. based on tax regulations) or to the extent they are necessary to pursue our legitimate interests after the end of the business relationship (e.g. to assert claims within the statutory limitation periods).3. Transfer of personal data
We will not disclose your personal data to third parties unless such disclosure is permitted by law or you have explicitly consented to the transfer.To provide our contractual services, we use selected service providers (data processing providers) and vicarious agents of the categories listed below who have access to your personal data to the extent necessary and can use it to process the orders placed by us.
We may transfer your personal data to public authorities where this is required by applicable law. A transfer of your personal data is also permitted if there is suspicion of a criminal offence or the abuse of the services offered on our website. In this event, we shall be entitled to transfer your Personal Data to the criminal prosecution authority.
Otherwise, your personal data will be stored exclusively in our database and on our servers or on those of our commissioned data processing providers. We will only share your Personal Data with other controllers for their own purposes such as cooperation or advertising partners under the condition that you explicitly and voluntarily agreed to such transfer of your Personal Data; in this case, we will obtain your consent separately from this Notice.
Sometimes the recipients to whom we transfer your personal data are located in countries in which applicable laws do not offer the same level of data protection as the laws of your home country. In such cases, we take measures to implement appropriate and suitable safeguards for the protection of your personal data.
Under these conditions, recipients of your personal data can be for example:
- public bodies and institutions in the presence of a legal or regulatory obligation (eg. financial authorities),
- other companies and service providers (processors) / vicarious agents in the following areas:
- cloud service providers
- business intelligence providers
4 Cookies and similar technologies
When you visit the website and Our online platform, information is stored on your terminal device in the form of a "cookie" or similar technology. Cookies are small files that are stored on your terminal device and save certain settings and data to exchange with our websites via your browser.For example, cookies enable us to tailor a website to better match your interests or to store your password so that you do not have to re-enter it every time. As a general rule, we never collect personal data via cookies, unless you have given us your express permission to do so.
If you do not want us to recognize your terminal device, please configure your Internet browser to erase all cookies from your device, to block all cookies or to receive a warning before a cookie is stored. You will find brief instructions on how to do this below.
Please note that certain functions of our website may no longer work, or not correctly, without cookies.
4.1 Types of Cookies
Cookies can be assigned to four categories, depending on their function and intended purpose: absolutely necessary cookies, performance cookies, functional cookies, and cookies for marketing purposes4.1.1 Absolutely necessary cookies:
Are needed for you to navigate within websites and operate basic website functions, such as the issuance of anonymous Session IDs for bundling several related queries to a server.4.1.2 Performance cookies:
Collect information on the usage of our websites, including for example the Internet browsers and operating systems used, the domain name of the website which you previously visited, the number of visits, average duration of visit, and pages called up. These cookies do not store any information that would make it possible to personally identify the user. The information collected with the aid of these cookies is aggregated and is therefore anonymous. Performance cookies serve the purpose of improving the user friendliness of a website and therefore enhancing the user’s experience. You can block the use of such cookies by creating an exclusion cookie (see “managing cookies” below).4.1.3 Functional cookies:
Enable a website to store information the user has already entered (such as user ID, language selection, or the user’s location), in order to offer improved, personalized functions to the user. Functional cookies are also used to enable requested functions such as playing videos and to make a user’s decision to block or disable a certain function (e.g. web analysis) - “opt-out cookies”.4.1.4 Cookies for marketing purposes:
are used to offer more relevant content to users, based on their specific interests. They are also used to limit the display frequency of an ad and to measure and control the effectiveness of advertising campaigns. They register whether users have visited a website or not, and which contents were used. This information may possibly also be shared with third parties, such as advertisers, for example. These cookies are often linked to the functions of third-party websites. You can block the use of such cookies by creating an opt-out cookie (see “Managing cookies” below).4.2 Types of used cookies
Strictly necessary| Name | Domain | Expiration | Description |
|---|---|---|---|
| JSESSIONID | xact.clearstream.com | Session | General purpose platform session cookie, required to maintain a user session by the server. |
| amlbcookie | xact.clearstream.com | Session | Xact technical loadbalancing |
| portalcookie | xact.clearstream.com | Session | Xact security token |
| oidcportalcookie | xact.clearstream.com | Session | Xact security token |
| portalid | xact.clearstream.com | Session | Xact technical session identifier |
| WFESessionId | app.powerbi.com | Session | General purpose platform session cookie, used by websites that run on the Windows Azure cloud platform. Usually used to maintain an anonymous user session by the server. |
| ARRAffinitySameSite | app.powerbi.com | Session | This cookie is set by websites run on the Windows Azure cloud platform. It is used for load balancing to make sure the visitor page requests are routed to the same server in any browsing session. |
4.3 Managing cookies
Please note: Not all of the cookies mentioned above will necessarily be used when you browse our website using a mobile terminal device.In the following you will find a summary of links that provide detailed information on the deactivation of cookies in commonly used browsers.
- Mozilla Firefox (https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored)
- Internet Explorer (https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies)
- Google Chrome (https://support.google.com/accounts/answer/61416?hl=en)
- Safari (https://support.apple.com/en-en/guide/safari/sfri11471/mac)
4.4 PowerBI
In order to provide interactive, immersive dashboards and reports we make use of “Power BI” from the company Microsoft. “Power BI” is an interactive data visualization software product with primary focus on business intelligence. Microsoft records the use of these services by users on an anonymized basis. Microsoft acts as our commissioned data processing provider. The Azure cloud service of Microsoft has been verified in terms of information security and is tested on an annual basis. The use of “Power BI” enables us to enhance our services and provide our users with additional dashboards and reports via our portal. We also make use of so-called cookies, i.e. small files stored on your device. The cookies are not assignable to any certain or identifiable person. Profiles capable of being related to an individual person in respect to your user behaviour will not be created. Most of the cookies used are so-called “Session Cookies”, which are stored on a temporary basis, exclusively for the duration of your utilization of the portal. On the other hand, Microsoft also make use of “Permanent Cookies” to record information about visitors who repeatedly access one of their servers via our portal. The content of a permanent cookie is limited to an identification number. Your full IP address will be stored and used by our cloud service provider Microsoft.When deciding to use this application you also consent, that we may store a Cookie information on your end device. The ai_user serves the purpose to count number of users accessing the Microsoft Power BI function embedded into the Xact application. As this cookie information is collected by Microsoft outside of the scope of our data processing agreement, we can neither exclude that Microsoft transfers it to entities in the US or other 3rd countries and combines it with other data you have provided when using their services nor that it maybe access disproportionally by US or other 3rd country authorities without giving you the possibility to effectively enforce your data protection rights as in the EU. With deciding to use the application, you agree according to Art. 49 para. 1 a) GDPR to such potential transfer of your aforementioned cookie information to the USA or other countries and to the potential data processing as described above. You can revoke your consent at any time by logging out of the Xact Portal. Further information about data protection and your rights can be found in the privacy notice of Microsoft.
5 Your rights
Under applicable data protection laws, you have rights- of access to, rectification of, and/or erasure of your Personal Data;
- to restrict or object to its processing;
- to tell Us that you do not wish to receive marketing information; and
- (in some circumstances) to require certain of your Personal Data to be transferred to you or a third party, which you can exercise by contacting Us at the details set out at the beginning of this Notice.
To exercise your rights, you can contact Us as set out in Section 1 above. You can also lodge a complaint about Our processing of your Personal Data with a data protection authority. A list and contact details of the local data protection authorities can be found here.