OTP Leasing Romania IFN SA (hereinafter: the Company) has a legitimate business interest and a statutory obligation to ensure that the personal interests of its employees and members of its management bodies do not conflict with the business interests and commitments of the Company and its customers.
In order to ensure the fulfillment of the above obligations, OTP Leasing Romania IFN has developed regulations in the area of conflicts of interest, respectively a Policy on Conflict of Interest (Policy) and a procedure for its application, adapting the general rules in this area of the Group part, to the organizational structure, management and to the services offered.
In this document we present the main aspects regulated by the Policy on conflict of interest and its application procedure for identifying, evaluating, managing, monitoring and reporting situations of conflict of interest.
Conflict of interest is that situation or circumstance in which the employees interest, directly or indirectly, of the personnel and members of the Company's management structure contradicts the Company's interest, so that it affects or could affect their independence and impartiality in decision making or timely fulfillment. objectivity of the duties incumbent on them in the exercise of their duties.
#I. PERSONS INVOLVED AND DISCLOSURE OBLIGATIONS
The policy is addressed to all candidates for a position within the Company, employees as well as members of the management body, establishing for them obligations to disclose information in order to prevent the materialization of conflicts of interest.
The information, mentioned above, takes into account at least the following:
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kinship relations with other employees of the Company;
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additional legal reports;
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qualities / interests held in enterprises / companies / non-profit associations / minorities / local authorities;
During the exercise of the rights and the fulfillment of the obligations resulting from the labor relations, the employer and the employee will cooperate with each other and will act according to the requirements of good faith and integrity. In this context, the employee will immediately inform the employer of all facts and circumstances and their changes - which may have a significant effect on the exercise of rights and fulfillment of obligations.
Employees also:
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they cannot establish an additional legal report in order to carry out the activity without the consent of the employer;
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must report whether a relative / affine of his becomes a member of a commercial entity (enterprise) that carries out the same or similar activities as those of the Company, or that regularly carries out business relations with the Company, or that has concluded a legal relationship in order to carry out the activity of manager, or who has acquired a participation in an employer who is also employed in those activities.
The staff within the Compliance Department performs continuous specialized verifications in the area of conflicts of interest. Following the analysis, it will send to the persons involved the opinion of compliance and the necessary measures.
#II. SITUATIONS OF CONFLICTS OF INTEREST
At least the following situations will be considered situations of conflict of interest:
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Signing documents as a representative of the Company, in which the respective employee has a direct or indirect personal interest;
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Evaluating a leasing file or approving a leasing transaction when the employee has a direct or indirect personal interest in connection with the holder of the request / the real beneficiary of the leasing transactions;
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Use of confidential information for personal purposes;
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Receiving undue benefits from third parties, in order to obtain personal interests;
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Existence of a kinship / affinity relationship between employees within the same organizational entity;
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Existence of a direct management, control or supervision relationship within the employment relationship between the employee and a relative.
#III. PROHIBITIONS
APPLICABLE TO ALL EMPLOYEES:
During any transaction or commercial relationship with the Company, the employee of the Company may not act as Administrator / person giving his consent / inspector / authorized representative:
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in matters which concern him or his relatives personally - regardless of whether the relative is authorized to act on behalf of a third party - or in matters relating to any natural or legal person or organization without legal personality (in particular, but not in exclusively business associations, foundations and owners' associations) in which the employee has any interest (in particular, but not exclusively owners, executive directors, employees holding executive positions or employees of the given organization who have directly or indirectly decision-making powers regarding the finances of the respective organization);
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in connection with transactions in which the employee has any interest (especially, but not exclusively, employees who hold a power of attorney or who are beneficiaries after death).
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The employee may not acquire a stake - except for shares in a public company - in a commercial entity (enterprise) that carries out the same or similar activities as those of the Company, or that periodically carries out business relations with the Company;
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The employee may not conclude, in his own name or for his benefit, a transaction that falls within the scope of the Company's activities.
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The employee will not use the information obtained through or during the performance of his duties in connection with operations and customers, and will not disclose such information to unauthorized persons or will not allow unauthorized persons access to such information.
APPLICABLE TO MEMBERS OF THE MANAGEMENT BODY
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The members of the Board of Directors and the Executive Directors / Directors / Managers may not participate in the preparation and decision-making related to any commitment to be assumed by the Company, if they hold a management position or hold a qualified participation in the client against whom the risk is assumed.
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The members of the Board of Directors, an employee or an expert / collaborator appointed by the Company may not participate in the preparation and decision-making, in which they or their close relatives / affines or a legal entity in which they have direct or indirect interests or any businesses are involved.
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If the decision-making process is within the competence of a body composed of several persons, and any of the members is in a conflict of interests, the affected member may not vote.
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A member of the executive management may not assume any contractual obligations - including sales contracts - towards the Company (if he is a member of the Board of Directors or the Board of Directors or holds a position of General Manager) unless the Board of the Administration has given its prior consent by a unanimous decision. The decision is unanimous if all members present vote the same. The participating member interested in the decision cannot vote and his abstention will not be taken into account when evaluating the result of the vote. This provision applies mutatis mutandis to any member of management who holds a seat on the Board of Directors or the Board of Directors, or who acts as a Chief Executive Officer in a financial institution that is part of the OTP Group, which intends to conclude a contract with a financial institution that is part of the OTP Group. In this case, the prior consent of the Board of Directors of the contracting financial institution and - if other than the credit institution exercising control - of the credit institution exercising control is required for the conclusion of a contract.
#IV. PRIVACY
The company holds, according to the law, the quality of personal data operator and processes personal data in accordance with RDGP. In accordance with the provisions of the RDGP, the Company may provide information regarding the personal data processed and any other information provided by the applicable normative acts, whenever an institution authorized by law so requests. Also, the Company may perform any verifications, may request and obtain information from any competent institution, public register, archive, electronic database or authorized third party, holder of such information, according to their legal competencies.
#V. PROCESSING OF PERSONAL DATA
The processing of personal data for the purpose of applying this procedure is carried out in compliance with applicable legislation in the field of data protection (all applicable laws and regulations in Romania, primary regulations such as, but not limited to: Regulation (EU) 2016/679 on the protection of individuals 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 - RGPD), Law no. 190/2018 on measures to implement the RGPD, Directive 2002/58 / EC on the processing of personal data and protection of confidentiality in the public communications sector (Directive on confidentiality and electronic communications) or secondary legislation, such as the Working Group Guidelines Art. 29 or other guidelines / decisions issued by the National Authority for Supervision and Protection of Personal Data).
In accordance with the provisions of the RGPD, OTP Leasing Romania IFN SA may provide information regarding the personal data processed and any other information provided by the applicable normative acts, whenever an institution authorized by law will request them. OTP Leasing Romania IFN SA ensures the security standards regarding the processing of personal data according to RGPD, by taking and applying all appropriate technical and operational measures in order to protect personal data against any accidental or illegal destruction, loss, modification, disclosure or unauthorized access and against illegal processing.
Information related to the processing and protection of personal data by OTP Leasing Romania IFN SA (purposes, recipients of data, rights enjoyed by the data subject: the right of access, the right to rectification, the right to delete data ("the right to be forgotten ”), the right to restrict processing, the right to data portability, the right to oppose, the right not to be subject to an individual decision, including profiling, etc.) can be found on the website of OTP Leasing Romania IFN SA at: www.otp-leasing.ro, Privacy section.
