When we use the following terms in this Policy, they shall have the following meaning:
(a) 'Personal data' or 'data' means any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more factors specific to his or her physical, physiological, genetic, mental, economic, cultural or social identity;
b) "Processing of personal data" or "data processing" means any operation or set of operations which is performed on personal data or on sets of personal data, wether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
c) "GDPR" means the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on 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);
d) "BT Financial Group" or "BT Group" means the Bank together with entities controlled by it (BT subsidiaries/affiliates) such as, BT Microfinanțare IFN SA ("BT Mic"), BT Asset Management S.A.I. S.A., ("BTAM"), BT Leasing Transilvania IFN S.A. ("BTL"), BT Direct IFN S.A. ("BTD"), BT Capital Partners S.S.I.F. S.A.("BTCP"), BT Pensii Societate de Administrare a Fondurilor de Pensii Facultative SA ("BT Pensii"), Salt Bank, Victoria Bank, BT Leasing Moldova, BT Code Crafters SRL ("BT Code Crafters"), Improvement Credit Collection SRL ("ICC"), Fundația Clubul Întreprinzătorului Român ("BT Club"), Fundația Clujul has Suflet and other entities that may join this group in the future;
e) "Controller" means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by European Union or Member State law, the controller or the specific criteria for its nomination may be provided for by European Union or Member State law.
In this Policy, when we use the term "controller" we usually refer to Banca Transilvania - when the bank processes personal data for purposes established by itself or by the legislation the bank is subject to - or, as the case may be, to Banca Transilvania and entities that are joint controllers with the bank for certain processing operations, when the purposes and means of processing are jointly established by us and these entities;
f) "Data subject" means any natural person whose personal data is processed.
Also included in the category of data subjects are entities such as authorized natural persons (P.F.A.), individual enterprises (I.I.), individual forms of exercising liberal professions - "professionals", such as: individual medical, lawyer, notary, bailiff, accountant, authorized translator offices, etc.;
Legal entities are not, as a rule, included in the category of "data subjects" and information about them is usually not personal data;
g) "Processor" means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller
h) "Third party" means a natural or legal person, public authority, agency or body other than the Data Subject, Controller, Processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data;
(i) "Recipient" means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with EU or Member State law shall not be regarded as recipients;
j) "Supervisory Authority" means a public independent supervisory authority which is established by a EU Member State, responsible with the monitoring of GDPR application. In Romania the supervisory authority is The National Supervisory Authority for Personal Data Processing- “A.N.S.P.D.C.P.”;
(k) 'Biometric data' means personal data resulting from specific technical processing relating to the physical, physiological or behavioural characteristics of a natural person, which allow or confirm the unique identification of that natural person, such as facial images or dactyloscopic data that were subject to such techiques;
(l) 'Data concerning health' means personal data related to the physical or mental health of a natural person, including the provision of health care services, which reveal information about his or her health status;
m) "Beneficial owner" according to the provisions of art. 4 paragraph 1 of Romanian Law no. 129/2019 on the Prevention of Money Laundering and Terrorism Financing, and the subsequent amends brought to certain normative acts, means any natural person who ultimately owns or controls the client and/or the natural person on whose behalf a transaction, an operation or an activity is performed and includes at least the categories of natural persons mentioned in art. 4 paragraph 2 of this normative act;
n) "Publicly Exposed Person" - "PEP " - according to the provisions of art. 3 paragraph 1 of Romanian Law no. 129/2019 on the Prevention of Money Laundering and Terrorism Financing, and the subsequent amends brought to certain normative acts, means any natural person who exercises or has exercised an important public position and includes at least the categories of natural persons mentioned in art. 3, paragraph 2 of this law. Family members of a PEP (defined in art. 3 paragraph 4 of Law 129/2019), as well as people known to be close associates of a PEP (defined in art. 3 paragraph 5 of Law 129/2019) are assimilated to PEP in regard to the bank’s obligation to apply the know your customer measures.