Effective as of 1 January 2022

These Personal Data Processing Principles (hereinafter – the principles) describe how SIA "Colemont FKB Latvia" (hereinafter – FKB) processes Personal Data.

1. Definitions

"Personal Data" means any information relating directly or indirectly to the Client.

"Processing" means any operation or set of operations performed on Personal Data, whether or not by automated means, including collection, organisation, storage, use, combination, erasure, or destruction.

"Client" means any natural person who uses, has used, or has expressed a wish to use the Services, or is otherwise related to the use of the Services and/or their users, and/or who has any other relationship with FKB established before these Principles entered into force.

"Data Controller" means any person who, alone or jointly with others, determines the purposes and means of the Processing of Personal Data. In the cases of Personal Data Processing described in these Principles, the Data Controller is FKB.

"Data Processor" means any person who processes Personal Data on behalf of the Data Controller.

"Recipient" means any natural or legal person, public authority, or other institution to whom FKB is entitled to disclose Personal Data.

"Data Protection Legislation" means the applicable EU and national legislation governing data protection applicable to FKB, including, for example, Regulation (EU) 2016/679 (General Data Protection Regulation (GDPR)), Cabinet Regulation No. 558, the Information Technology Security Law, and Cabinet Regulation No. 748.

"Applicable Laws and Regulations" means the laws and regulations applicable to FKB relating, for example, to the prevention of money laundering, business activities, data protection, taxation, and accounting.

"Services" means any services, consultations, and products provided by FKB to the Client through the FKB office, website, telephone, video stream, or any other communication channel.

"EU/EEA" means the European Union/European Economic Area.

2. General provisions

These Principles describe how FKB processes Personal Data. More detailed information regarding the Processing of Personal Data may be provided in contracts and other documents related to the Services.

In accordance with the Data Protection Legislation, FKB ensures the confidentiality of Personal Data. FKB has implemented appropriate technical and organisational measures to protect Personal Data against unauthorised access, unlawful disclosure, accidental loss, alteration, destruction, or any other unlawful Processing.

3. Processing of Personal Data by FKB

3.1. Collection of personal data and categories of data subjects

Personal Data is collected directly from the Client and through the Services used by the Client, as well as indirectly from external sources, such as public and private registers or databases, or other persons. FKB may record telephone conversations, visual images, video and/or audio recordings, retain email communications, or otherwise document the Client's interaction and communication with FKB.

FKB primarily collects and processes Personal Data relating to individuals who have entered into, or wish to enter into, a contract with FKB, such as Clients or prospective Clients.

3.2. Categories of Personal Data

Examples of the categories of Personal Data collected and processed by FKB include:

1) Identification data, such as the personal identity number, date of birth, and identity document details;

2) Contact information, such as address, telephone number, email address, and preferred communication language;

3) Financial data, such as ownership information, transactions, loans, income, liabilities, and assets;

4) Account data, such as payment card numbers and bank account numbers;

5) Reliability and due diligence data, such as payment history, information regarding losses caused to FKB or other parties, and data enabling FKB to carry out customer due diligence measures in relation to the prevention of money laundering and terrorist financing, as well as to verify compliance with international sanctions;

6) Data obtained and/or generated in the fulfilment of obligations under applicable laws and regulations, such as information that FKB is required to provide to authorities including tax authorities, courts, and law enforcement authorities;

7) Communication and device data, such as information contained in messages, emails, visual images, video and/or audio recordings, as well as other communication and interaction data collected when the Client visits FKB's premises;

8) Demographic data, including the country of residence, date of birth, and citizenship;

9) Data relating to relationships with legal entities, such as information provided by the Client or obtained from public databases or third parties acting as service providers for transactions carried out on behalf of the relevant legal entity;

10) Sensitive data, including special categories of Personal Data (for example, health data). When processing special categories of Personal Data, FKB obtains the Client's consent, for example, where information is required in connection with health insurance services. Special categories of Personal Data may also be processed on the basis of FKB's legitimate interests;

11) Data relating to criminal convictions and offences.

4. Legal Bases and Purposes of Personal Data Processing

4.1 Performance of Contracts

The performance of contracts is one of the primary legal bases on which FKB processes Clients' Personal Data. Examples of such processing purposes include:

- To take steps at the Client's request prior to entering into a contract, as well as to conclude, perform, maintain, and terminate a contract with the Client;

- To manage relationships with Clients, and to grant, provide, monitor, and administer access to the Services;

- To verify commercial transactions or other business communications. For this purpose, FKB may record telephone conversations and video streams with the Client.

4.2 Compliance with Legal Obligations

In order to comply with its legal obligations under the Applicable Laws and Regulations, FKB is required to process Personal Data for purposes including, but not limited to, the following:

- To identify and verify the Client's identity and to keep Personal Data accurate and up to date by verifying and supplementing the data using external and internal information resources;

- To prevent, detect, investigate, and report suspected money laundering and terrorist financing;

- To detect, investigate, and report suspicious transactions and market abuse;

- To transfer Personal Data to third-party payment service providers;

- To fulfil other legal obligations in accordance with the Applicable Laws and Regulations.

4.3 Consent

In certain cases, FKB requests the Client's consent for the Processing of Personal Data. In such cases, the Client will be separately informed of the specific purpose of the Processing. If the Client, on their own initiative, provides health data, the Processing of such Personal Data shall be based on the Client's explicit consent. The Client may withdraw their consent at any time.

5. Recipients of Personal Data

For the purpose of providing its Services, FKB may transfer the Client's Personal Data to Recipients. Such Recipients primarily include:

- Authorities and public officials, such as supervisory authorities, tax authorities, law enforcement authorities, certified bailiffs, sworn notaries, the Council of Notaries, courts, and out-of-court dispute resolution bodies;

- Third-party payment service providers, where FKB has a legal obligation and/or contractual obligation to provide such persons with access to the Clients' Personal Data;

- Insurance and reinsurance service providers, service intermediaries, and third parties involved in the execution of transactions;

- Debt collection service providers, assignees, and insolvency administrators;

- Persons who ensure the proper fulfilment of the Client's obligations towards FKB;

- Other persons and suppliers involved in the provision of Services by FKB.

6. Geographical Scope of Processing

As a general rule, Clients' Personal Data is processed within the EU/EEA. However, in certain cases, it may be transferred to and processed in countries outside the EU/EEA.

The transfer and Processing of Personal Data outside the EU/EEA may take place where there is a legal basis for such transfer and one of the following conditions is met:

- The country outside the EU/EEA in which the Recipient is located ensures an adequate level of data protection in accordance with a decision of the European Commission;

- Derogations for specific situations apply, such as the Client's explicit consent, the performance of a contract concluded with the Client, the conclusion or performance of a contract in the Client's interest, the establishment, exercise or defence of legal claims, or important reasons of public interest.

Upon request, the Client may obtain more detailed information regarding the transfer of Personal Data to countries outside the EU/EEA.

7. Retention Period

The retention period for Personal Data depends on the purpose for which the data was collected or on the period prescribed by the Applicable Laws and Regulations. FKB will process Personal Data for as long as the contractual relationship with the Client exists. Following the termination of the contractual relationship, FKB will retain Personal Data until the expiry of the maximum statutory limitation period in accordance with the Applicable Laws and Regulations. Where the Processing of Personal Data is based on the Client's consent, the Personal Data will be retained for as long as the consent remains valid. Different retention periods may apply where Personal Data is processed on the basis of FKB's legitimate interests, for example, for the establishment, exercise, or defence of legal claims. In all cases, FKB limits the Processing of Personal Data to the minimum necessary.

8. Rights of the Data Subject

In accordance with the Data Protection Legislation, the Client has the following data subject rights in relation to the Processing of Personal Data carried out by FKB:

- To obtain confirmation as to whether FKB processes the Client's Personal Data and, where such processing takes place, to access that data;

- To request the rectification of the Client's Personal Data if it is inaccurate, incomplete, or incorrect;

- To request the erasure of the Client's Personal Data;

- To request the restriction of the Processing of the Client's Personal Data;

- To object to the Processing of the Client's Personal Data where the Processing is based on FKB's legitimate interests;

- To object to the Processing of the Client's Personal Data for direct marketing purposes;

- To receive the Personal Data provided by the Client and processed on the basis of consent or for the performance of a contract in a structured, commonly used electronic format and, where technically feasible, to transmit such data to another service provider (the right to data portability);

- To withdraw consent to the Processing of the Client's Personal Data;

- To request not to be subject to a decision based solely on automated processing, including profiling, where such decision produces legal effects concerning the Client or similarly significantly affects the Client. This right shall not apply where the decision is necessary for entering into or performing a contract with the Client, where such decision-making is authorised under the Data Protection Legislation, or where the Client has given explicit consent.

The Client may lodge a complaint regarding the Processing of Personal Data carried out by FKB with the Data State Inspectorate (www.dvi.gov.lv ) if the Client believes that the Processing of the Client's Personal Data infringes the Client's rights and interests under the Data Protection Legislation.

9. Contact Information

The Client may contact FKB regarding any request, withdrawal of consent, changes to data processing permissions, the exercise of data subject rights, or any complaint relating to the Processing of Personal Data.

FKB's contact details are:

Email: info@colemont.lv
Telephone: +371 27 000 390

10. Validity and Amendments to the Principles

FKB is entitled to amend these Principles unilaterally at any time, in compliance with the Applicable Laws and Regulations.

These Principles have been prepared in the Latvian language.

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