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Privacy Policy

AS “Moda Kapitāls” Privacy Policy and Principles Relating to Processing of Personal Data

AS “Moda Kapitāls” Privacy Policy and Principles Relating to Processing of Personal Data (hereinafter — the Privacy Policy) outlines the procedures by which AS “Moda Kapitāls” performs the processing of personal data. More detailed information on the Processing of Personal Data may be described in contracts and other service-related documents, as well as on the Internet sites of AS “Moda Kapitāls”: www.lombardsmoda.lv; www.draudzigsaizdevums.lv; www.emoda.lv; www.e-moda.lv, the information is also accessible at customer service areas at all AS “Moda Kapitāls” branches.

The Privacy Policy shall be applicable if the Customer of AS “Moda Kapitāls” uses, has used or has expressed the will to use the services provided by AS “Moda Kapitāls” or is otherwise related to the services provided by AS “Moda Kapitāls”, including customer relationships established prior to the entry into force of the Privacy Policy.

If the Customer does not agree with the Privacy Policy or separate conditions thereof, unfortunately, AS “Moda Kapitāls” will be unable to provide to the Customer all or particular services provided by AS “Moda Kapitāls”.

AS “Moda Kapitāls” takes no responsibility for inaccurate, incomplete or erroneous data submitted by the Customer. If the data specified by the Customer have changed or the information on the Customer processed by AS “Moda Kapitāls” is inaccurate or erroneous, the Customer shall have the right to request to change, clarify or rectify this information.

1. Definitions

Processing means any operation which is performed on Personal Data (inter alia, collection, recording, storage, alteration, provision of access, making of requests, transmission, etc.).

AS “Moda Kapitāls” is a legal person with uniform registration No. 40003345861, legal address: Ganību dambis 40a-34, Riga, LV-1005, owning the following online stores: www.emoda.lv; www.lombardsmoda.lv; www.draudzigsaizdevums.lv and www.e-moda.lv, as well as branches owned by AS “Moda Kapitāls”, acting in the status of the Personal Data Controller. The list of AS “Moda Kapitāls” branches and/or service provision sites is available at the following online sites: www.lombardsmoda.lv; www.draudzigsaizdevums.lv; www.emoda.lv; www.e-moda.lv.

Customer is any natural person who uses, has used or has expressed the will to use any services provided by AS “Moda Kapitāls” or is otherwise related thereto.

Personal Data are any information either directly or indirectly related to the Customer.

Regulation — 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).

2. General Provisions

2.1. Within the scope of the applicable laws and regulations AS “Moda Kapitāls” shall ensure Personal Data confidentiality and has implemented adequate technical and organisation measures to protect Personal Data from unauthorised access, unlawful processing or disclosure, accidental loss, alteration or destruction. The Client has been informed that data processing on the Internet as such is not safe and AS “Moda Kapitāls” cannot guarantee safety of data transmitted through the Internet.

2.2. In order to administer and ensure the fulfilment of services AS “Moda Kapitāls” is entitled to use Personal Data processors by concluding the respective contracts with Personal Data processors. In such cases AS “Moda Kapitāls” shall take the necessary measures to ensure that such Personal Data processors would perform Personal Data processing in accordance with the contracts concluded between AS “Moda Kapitāls” and Personal Data processors, as well as in accordance with the Regulation and other applicable laws and regulations, and also in compliance with the respective safety measures. With regard to the Personal Data of the Customer that have been acquired through Internet sites: www.lombardsmoda.lv; www.draudzigsaizdevums.lv; www.emoda.lv; www.e-moda.lv, AS “Moda Kapitāls” is entitled to process the Personal Data of the Customer on behalf of third parties, in the capacity of a data processor assigned by third parties.

2.3. Sources of the Personal Data of the Customer: Personal Data may be collected from the Customer, from the use of Customer service and external sources, e.g., public and private registers or third parties.

3. Categories of Personal Data

Categories of Personal Data that may be collected, but not limited to the following:

  • Identification data, e.g., given name, surname, personal identity number, date of birth, data of a personal identification document (e.g., passport copy, ID card copy).
  • Contact details, e.g., declared and actual address of the place of residence, telephone number, e-mail address.
  • Family data, e.g., information on the family of the Customer (e.g., the number of dependents), if such data are necessary for assessing the solvency margin of the Customer and for receiving the services provided by AS “Moda Kapitāls”.
  • Data related to authorisation given by the Customer, e.g., identification data of the authorised person required to AS “Moda Kapitāls” so that the authorised person would be able to fully execute the authorisation given by the Customer.
  • Financial data, e.g., accounts, ownership rights, transactions, loans, income, commitments, outstanding commitments a.o. information required for assessing the solvency margin of the Customer and for receiving the services provided by AS “Moda Kapitāls”.
  • Data on the origin of assets or wealth, e.g., data on business partners and economic activity of the Customer, if such information is required to AS “Moda Kapitāls” so that the Customer would be able to use the services provided by AS “Moda Kapitāls”.
  • Data on reliability and trust, e.g., data on payment habits, data enabling AS “Moda Kapitāls” to perform customer due diligence measures in relation to the prevention of money laundering and terrorism financing and to ascertain about the compliance with international sanctions, inter alia, cooperation objectives and whether the Customer is a politically exposed person.
  • Data acquired and/or created while fulfilling the obligations stipulated in laws and regulations, e.g., data arising from information requests received from investigation authorities, sworn notaries, tax administration institutions, courts and sworn bailiffs, information on income, debt obligations, owned properties, remarks and historical remarks in databases, as well as outstanding debts.
  • Data on the residence for tax purposes of the Customer, e.g., information on state of residence, taxpayer’s number, citizenship, if such data are required to receive the services provided by AS “Moda Kapitāls” and for the performance of customer due diligence measures in relation to the prevention of money laundering and terrorism financing.
  • Communication data collected when the Customer visits AS “Moda Kapitāls”, branches and Internet sites thereof, where AS “Moda Kapitāls” provides services or contacts AS “Moda Kapitāls” by telephone, as well as visual recordings, e-mail, information and other means of communication, e.g., social media, data acquired when the Customer visits AS “Moda Kapitāls” Internet sites or communicating through other channels of AS “Moda Kapitāls”.
  • Data related to services, e.g., performance or non-performance of contracts, transactions carried out, concluded and invalid contracts, submitted applications, requests and complaints.
4. Purpose and Basis for the Processing of Personal Data

Primary Purpose for the Processing of Personal Data by AS “Moda Kapitāls”:

4.1. General customer relationship management and provision and administration of access to products and services In order to conclude and execute a contract, e.g., to carry out a transaction with the Customer to ensure data relevance and correctness by verifying and updating data, using external and internal sources on the basis of the performance of a contract or to take measures, upon request of the Customer, prior to concluded the contract or for compliance with a legal obligation.

4.2. Creditworthiness and risk assessment In order to perform the internal creditworthiness and risk assessment for the purpose of determining which services and products and on what conditions may be proposed to the Customer, in order to manage debt obligations of the Customer and to comply with the applicable laws and regulations in relation to the creditworthiness and risk assessment while providing crediting and other financial services, in order to minimise risks, perform internal calculations and analyses on the basis of the performance of a contract or to take measures, upon request of the Customer, prior to concluding a contract or for compliance with a legal obligation, or to ensure Personal Data relevance and correctness within the legitimate interests of AS “Moda Kapitāls”.

4.3. Protection of the interests of the Customer and/or AS “Moda Kapitāls” In order to protect the interests of the Customer and/or AS “Moda Kapitāls” and to be aware of the quality of services provided by AS “Moda Kapitāls” and to provide evidence for commercial transactions and other commercial communication on the basis of the performance of a contract or to take measures, upon request of the Customer, prior to concluding a contract or for compliance with a legal obligation, or consent of the Customer or within the legitimate interests of AS “Moda Kapitāls” to prevent, restrict and investigate dishonest or unlawful use of the services and products of AS “Moda Kapitāls” or creation of distortions therein, for internal training or ensuring of service quality. In order to guarantee the safety of AS “Moda Kapitāls” and/or the Customer, to protect the life and health of the Customer and/or representatives and other rights of AS “Moda Kapitāls” and the Customer on the basis of the legitimate interests of AS “Moda Kapitāls” to protect its Customers, employees, visitors and the assets thereof and of AS “Moda Kapitāls”.

4.4. Compliance with legal obligations and identity verification In order to ensure compliance with the applicable laws and regulations, e.g., in relation to the implementation of the principles of responsible lending, compliance with the principles for assessing the solvency margin of Customers, customer due diligence, to be aware of the actions of the Customer, in order to comply with the market transparency requirements and to provide information thereon competent authorities, in order to prevent, discover, investigate and report on potential money laundering, terrorism financing activities, if the Customer is exposed to financial sanctions or is a politically exposed person, as well as to verify the identity on the basis of the performance of a contract or to take measures, upon request of the Customer, prior to concluding a contract, or for compliance with a legal obligation, or to ensure sound risk management and corporate governance within the legitimate interests of AS “Moda Kapitāls”.

4.5. Prevention of dishonest use of services and adequate provision of services In order to authorise and control access to digital channels and the operation thereof, to prevent unauthorised access and dishonest use thereof and to ensure the safety of information on the basis of the performance of a contract or to take measures, upon request of the Customer, prior to concluding a contract or for compliance with a legal obligation or in accordance with consent given by the Customer or within the legitimate interests of AS “Moda Kapitāls” to control the authorisation, access and operation of the digital services of AS “Moda Kapitāls”. In order to improve technical systems, IT infrastructure, to adjust the presentation of a service in devices and to develop the services of AS “Moda Kapitāls”, e.g., by testing and improving technical systems and IT infrastructure on the basis of the legitimate interests of AS “Moda Kapitāls” to improve technical systems and IT infrastructure.

4.6. Establishment, implementation and defence of the right to claim In order to establish, implement, defend and cede the right to claim on the basis of the performance of a contract or to take measures, upon request of the Customer, prior to concluding a contract or for compliance with a legal obligation or to implement the right to claim within the legitimate interests of AS “Moda Kapitāls”.

5. Profiling, Personalised Offers and Automated Decision-making

5.1. Profiling means any form of automated processing of Personal Data to evaluate certain personal aspects relating to the Customer. Profiling is used to analyse and consult the Customer, for the purpose of direct marketing, automated-decision making, e.g., creditworthiness assessment, risk management, to ensure remotely provided services, inter alia, for the conclusion of contracts and supervision of transactions, to prevent fraud, and it is based upon the legitimate interests of AS “Moda Kapitāls”, for compliance with a legal obligation, the performance of a contract or consent given by the Customer.

5.2. AS “Moda Kapitāls” may process Personal Data in order to improve the Customer experience in relation to the use of digital services, e.g., by adjusting the presentation of services in a device and in order to prepare appropriate offers to the Customer. Unless the Customer has not restricted direct marketing, AS “Moda Kapitāls” may perform the processing of Personal Data to prepare general and personalised offers of the services provided by AS “Moda Kapitāls”. Such marketing may be based upon the services used by the Customer and how the Customer uses services and how the actions of the Customer in the digital channels of AS “Moda Kapitāls”.

5.3. In respect of profiling based upon personalised offers and marketing that is conducted in accordance with the legitimate interests of AS “Moda Kapitāls”, AS “Moda Kapitāls” shall ensure that the Customers may choose and use a convenient tool for managing their privacy settings.

5.4. AS “Moda Kapitāls” may also collect statistical data on the Customer, inter alia, characteristic behaviour and lifestyle habits on the basis of demographic household data. Statistical data for creating segments/profiles may be obtained also from external sources and may be combined with the internal data of AS “Moda Kapitāls”.

6. Recipients of Personal Data

Personal data are transferred to other recipients, e.g.:

6.1. According to the settlement arrangements selected by the Customer, AS “Moda Kapitāls” (as the processor of Personal Data) might be required to transfer the Personal Data of the Customer to the collaboration partners of AS “Moda Kapitāls” (as the controllers of Personal Data) whose services are specified on the following Internet sites: www.lombardsmoda.lv; www.draudzigsaizdevums.lv; www.emoda.lv; www.e-moda.lv (inter alia, but not only SIA InCREDIT GROUP, registration No. : 40103307404);

6.2. Institutions (e.g., law enforcement authorities, sworn bailiffs, sworn notary offices, tax administration institutions, supervisory authorities and financial investigation institutions).

6.3. Credit institutions and financial institutions, insurance service providers and financial service intermediaries, third parties engaged in the fulfilment of the services provided by AS “Moda Kapitāls”, settlement operations and reporting cycle.

6.4. Auditors, legal advisers, financial advisers or other Personal Data processors approved by AS “Moda Kapitāls”.

6.5. Third parties maintaining registers (e.g., credit registers, population registers, commercial registers and other registers which contain Personal Data or through which Personal Data are transferred).

6.6. Debt collectors in accordance with ceded right to claim, courts, out-of-court dispute resolution institutions, administrators of bankruptcy or insolvency proceedings.

6.7. Other persons who guarantee due fulfilment of the obligations of the Customer against AS “Moda Kapitāls”, e.g., guarantors, pledgers.

6.8. Other persons related to the provision of the services of AS “Moda Kapitāls”, inter alia, archiving, postal service providers, leasing object traders and authorised persons related to servicing thereof, as well as enterprises which administer costs and fines related to such objects.

7. Geographical Territory of Processing

7.1. Personal Data shall be processed in the European Union/European Economic Area (EU/EEA).

8. Storage Period

8.1. The storage period of processed Personal Data may be based upon a contract with the Customer, legitimate interests of AS “Moda Kapitāls” or applicable laws and regulations (e.g., laws on accounting, archives, money laundering, limitation period, civil law, etc.). AS “Moda Kapitāls” shall store the Personal Data of the Customer in accordance with the purpose and objective of Personal Data, as well as in accordance with the requirements of the Regulation and laws and regulations, inter alia, for compliance with the legitimate interests of the public (provision of evidence against claims on the non-compliance of the service and/or fulfilment of contractual obligations, as well as provision of evidence against potential claims based on tort), AS “Moda Kapitāls” shall store Personal Data for a period of ten years counting from the day of the execution of the service or contract.

9. Rights of the Customer as the Data Subject

The Customer (data subject) shall have rights in respect of its data processing that according to the applicable laws and regulations are classified as Personal Data. In general the respective rights are as follows:

9.1. demand rectification of its Personal Data if they are inadequate, incomplete or false;

9.2. object to the processing of Personal Data, if the use of Personal Data is based upon legitimate interests, inter alia, profiling for the purpose of direct marketing (e.g., receipt of marketing communication or participation in surveys);

9.3. request the deletion of one’s Personal Data, e.g., if Personal Data are processed on the basis of consent, provided that the Customer has withdrawn its consent. The respective rights shall not be effective, if Personal Data subject to the request of deletion are processed also on another legal basis, e.g., contract or obligations deriving from the respective laws and regulations (e.g., Law on the Prevention of Money Laundering and Terrorism Financing) or in other cases prescribed by the Regulation;

9.4. restrict the processing of its Personal Data in accordance with the applicable laws and regulations, e.g., in the period when AS “Moda Kapitāls” assesses whether the Customer has rights to deletion of its data;

9.5. receive information on whether AS “Moda Kapitāls” processes its Personal Data and if such processing is conduced, to access such data and obtain information on how they are processed and whom they are transferred to;

9.6. receive one’s Personal Data provided and processed on the basis of consent and a contract in writing or in any most common electronic formats and, where possible, transfer such data to another service provider (data portability);

9.7. withdraw consent for the processing its Personal Data, if Personal Data are submitted to AS “Moda Kapitāls” on the basis of consent of the Customer;

9.8. not being subject to automated decision-making, inter alia, profiling, if such decision-making produces legal effects or that affects the Customer in a similar way. The respective rights shall not be effective, if decision-making is required to conclude or execute a contract with the Customer, if decision-making is permitted in accordance with the applicable laws and regulations or if the Customer has given explicit consent;

9.9. lodge a complaint regarding the use of Personal Data to the Data State Inspectorate (www.dvi.gov.lv), if the Customer considers that the processing of Personal Data violates its rights and interests in accordance with the applicable laws and regulations.

10. Cookies

AS “Moda Kapitāls” cookie policy is available on the Internet sites of AS “Moda Kapitāls”: www.lombardsmoda.lv; www.draudzigsaizdevums.lv; www.emoda.lv; www.e-moda.lv. Cookies are used on the Internet sites www.lombardsmoda.lv; www.draudzigsaizdevums.lv; www.emoda.lv; www.e-moda.lv that collect information on the Customer, inter alia, on whether the Customer has visited the Internet site previously, whether the Customer is a new user and what information has been viewed by the Customer on the Internet site. The use of cookies helps improve the provided services, e.g., to prevent repeated entry of information that has already been entered. The use of cookies helps register the number of users and gather statistics and information on the habits of users for the purpose of improving the quality of Internet sites, applications and services, as well as to create a user-customised content with the help of advertisements.

11. Principles for Processing Personal Data

11.1. AS “Moda Kapitāls” shall collect and process the Personal Data of the Customer on the following legal bases: for the performance of a contract; for ensuring the legitimate interests of AS “Moda Kapitāls”; for compliance with a legal obligation of AS “Moda Kapitāls”; consent of the Customer. According to the scope and provisions laid down in laws and regulations, data processing in respect of the Customer may be subject to one or several abovementioned legal bases.

11.2. AS “Moda Kapitāls”, upon performing the processing of the Personal Data of the Customer, shall strictly adhere to the requirements of the applicable laws and regulations and ensure that Personal Data are:

11.2.1. processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);

11.2.2. collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, in accordance with Article 89(1), not be considered to be incompatible with the initial purposes (‘purpose limitation’);

11.2.3. adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);

11.2.4. accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);

11.2.5. kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (‘storage limitation’);

11.2.6. processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).

12. Contact Information and Procedures for Handling Requests

12.1. The Customer may contact AS “Moda Kapitāls” concerning any questions, withdrawal of consent, requests, use of the right of a data subject and complaints in relation to the use of Personal Data.

12.2. Contact information of AS “Moda Kapitāls” is available on the Internet sites of AS “Moda Kapitāls”: www.lombardsmoda.lv; www.draudzigsaizdevums.lv; www.emoda.lv; www.e-moda.lv.

12.3. Contact information of the appointed Data Protection Officer: infoatlombardsmoda.lv or Ganību dambis 40a-34, Riga, LV-1050, with the indication ‘Data Protection Officer’.

12.4. In order to prevent unlawful disclosure of the data of the Customer, AS “Moda Kapitāls”, upon receipt of a request from the Customer regarding the provision of data or for the exercise of other rights of the Customer, shall ascertain about the identity of the Customer. For this purpose AS “Moda Kapitāls” is entitled to request the Customer to indicate personal data, thus, comparing whether the data specified by the Customer conforms to the respective Personal Data at the disposal of AS “Moda Kapitāls”. When carrying out this verification AS “Moda Kapitāls” may also send out a control notification to the telephone or e-mail specified by the Customer (in the form of a text message or e-mail), requesting for authorisation. If the control procedure is not successful (e.g., the data specified by the Customer do not conform to the Personal Data at the disposal of AS “Moda Kapitāls” or the Customer fails to perform authorisation after sending of the text message or e-mail), AS “Moda Kapitāls” shall be compelled to conclude that the Customer is not the data subject of requested Personal Data and shall be forced to reject the request submitted by the Customer. Upon receipt of a request from the Customer regarding the exercise of the rights of the Customer and following a successful verification procedure described above, AS “Moda Kapitāls” shall undertake without any delay, yet in any case not later than within a month from the date of receipt of the request from the Customer and the end of the verification procedure, to provide information to the Customer on actions carried out by AS “Moda Kapitāls” in accordance with the request submitted by the Customer. Taking into account the complexity and number of requests, AS “Moda Kapitāls” reserves the right to extent the one-month-period for another two months, notifying the Customer by the end of first month and stating the reasons for such extension. If the request of the Customer has been submitted by electronic means, AS “Moda Kapitāls” shall provide an answer also by electronic means, except where this is not possible (e.g., due to a large amount of information) or if the Customer has asked for the response in a different way. AS “Moda Kapitāls” shall be entitled to refuse to execute the request of the Customer by giving a reasoned response, if the circumstances specified in laws and regulations are established, notifying the Customer in writing. If requests of the Customer (data subject) are obviously unreasonable or excessive, in particular due to their repetitive character, AS “Moda Kapitāls” as the controller may either a) request a reasonable charge, taking into account administrative costs related to the provision of information or communication or performance of the requested action; or b) refuse to execute the request.

13. Validity of and Amendments to Privacy Policy

13.1. Privacy Policy is available to Customers at the branches of AS “Moda Kapitāls” and Internet sites thereof: www.lombardsmoda.lv; www.draudzigsaizdevums.lv; www.emoda.lv; www.e-moda.lv.

13.2. AS “Moda Kapitāls” shall be entitled to unilaterally amend the Privacy Policy in accordance with the applicable laws and regulations by notifying to the Customer on the respective amendments at the branches of AS “Moda Kapitāls” and and Internet sites thereof: www.lombardsmoda.lv; www.draudzigsaizdevums.lv; www.emoda.lv; www.e-moda.lv, via post, e-mail or in another way (e.g., mass media).