Privacy Policy

PRIVACY NOTICE REGARDING PERSONAL DATA PROCESSING & PROTECTION

While conducting its business, B2Kapital Portfolio Management S.R.L.(“B2KPM”), processes personal data that concern you.

Controller: B2Kapital Portfolio Management S.R.L. – B2KPM – receivables recovery entity registered in the register of the debt recovery entities evidenced by the National Authority for Consumer Protection

Registered office: Vasile Alecsandri Street, nr. 4 and Constatin Daniel no. 11, Corp C, floor 2, District 1 Bucharest, Romania

Trade Register: J40/2666/2016

TIN code: 35698810

Web Page: http://www.b2kapital.ro

Email: B2romania@b2kapital.ro

Phone: +40 374 810 666

Fax: +40 374 810 668

Protecting your personal data is very important to us. To do this, we undertake to provide all due diligence to ensure compliance with the legal requirements for the protection of personal data, in particular the requirements provided by EU Regulation 2016/679 – General Data Protection Regulation (“GDPR”).
Based on this privacy notice, we help you to understand how we collect your personal data, what kind of personal data we process, why are we processing them, how we use and store them, whom we disclose them and why, as well as the rights that you have and how you can exercise them.

Privacy notice regarding personal data processing in call center activities

Data subject right request form

What is personal data?

Personal data is any information relating to an identified or identifiable natural person, 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 the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. A person can be identified if additional information can be obtained without excessive effort to perform the identification.

Who owns the personal data we process?

B2KPM processes the personal data of the persons having/or who are about to enter in a contractual relationship with us, directly or indirectly, including as a result of direct/amiable sale or public auction of the assets registered to secure the claims, as well as the data of those persons who visit the B2KPM website or locations. These categories of people can include debtors, buyers, bidders, external suppliers and employees. B2KPM also processes personal data regarding the legal and / or conventional representatives of the persons with whom they are or are about to enter into a contractual relationship. By way of exception, B2KPM may also process information relating to persons whose personal data is provided by persons with whom a contractual relationship is established, and in this case, the steps to inform those concerned about the content of this notice regarding processing of personal data, must be made by the person who provided the information.

How we collect your personal data?

B2KPM may collect your data from:

  • Financial-banking institutions with which you signed loan agreements, and which sold their claim rights to B2KPM or empower B2KPM to carry out in their behalf the recovery activity and to manage their claims.
  • Directly from you, or in certain cases from other persons justifying a legitimate interest in connection to the agreement related to which we conduct the recovery activity.
  • Persons empowered to communicate with us on your behalf, or persons submitting payments in your name.
  • Public institutions and authorities or other persons or entities which perform a service of public interest (such as: bailiffs, public notaries).
  • Publications and databases that are publicly available or based on a contractual relationship (external sources), in order to ensure the permanent updating of the data we hold about you, or for being able to assess your reimbursement capacity.
    For example, external sources mean: public institutions and authorities, public registers and public electronic databases, information available in social media and the internet, or authorized third-party, such as, but not limited to: Directorate for Persons Evidence and Database Administration, the National Trade Register Office, the portal of courts in Romania administered by the Ministry of Justice, National Agency for Fiscal Administration, Cadastre and Real Estate Register Offices, third-party authorized to maintain databases of persons accused of terrorism or politically exposed, etc.
  • B2KPM contractual partners to which you have provided your data in order to conclude a contract with us or to perform the acquisition of assets registered to secure the claims under our management (for example real estate agencies or various sites promoting real estate properties that are collaterals for the claims we are managing).
  • When you access the B2KPM website, records of your visit are automatically created. These records usually include the IP address, the number of hits, the web page from which you are logged in, and other data. For more information, please consult the “cookie” policy: http://www.b2kapital.ro

What personal data we process?

Your personal data that we are processing may include:

  • Identification data such as: name, birthday, nationality, personal identification number (PIN/TIN), data registered within ID documents, place of birth, domicile address, residence.
  • Contact information such as: correspondence address; phone number; email address.
  • Data regarding your financial and/or professional status, such as: job/profession; the nature of your activity; any public function held; employer name; income; nature of income; source / sources of income; bank account; data on real estate and other assets you own; information regarding existing debts (e.g., type of debit, value, interest, lender, currency, costs); information on the debt collection situation (e.g. payment plan, costs, records of balances).
  • Signature, ID photograph and / or other documents
  • Data resulting from video recording, in case you visit the B2KPM locations, to the extent of the applicable legal provisions;
  • Data regarding other data subjects who are party(s) of the agreement representing the source of the claim managed by B2KPM (e.g. guarantors / heirs / spouse or husband)
  • Data on administrative or judicial proceedings in which you are involved, to the extent that they are related to the claims owned or managed by B2KPM and/or may influence the recovery conditions of such claims,
  • the terms for auctioning of the assets registered to secure the claims (e.g. enforcement, judicial liquidation, bankruptcy, reorganization, other judicial procedures, the establishment or defence of our rights in court); such data may include: official information regarding fraudulent / potentially fraudulent activity, official data regarding criminal charges and/or criminal convictions related to, for example, corruption, bribery, financial crime, other frauds, money laundering and terrorism financing.
  • Data related to the evidence of all interactions that take place between you and B2KPM through correspondence or communication, so that we can fulfil the legal obligation set forth in our duty by Emergency Ordinance 52/2016 on credit agreements offered to consumers for real estate properties (based on which we are authorized by the National Authority for Consumer Protection).
  • Personal data that you have provided us so that we can deliver to you, debt repayment solutions that take into account your individual circumstances, your interests and rights and your ability to repay and, as well, to comply with legal obligations established in our charge by Emergency Ordinance 52/2016.
  • Other personal data mentioned or included in the initial contract or in the documentation related to debt or guarantees that are the subject of the receivables we manage (such as the documentation in the legal enforcement file, documentation from the credit file provided by the assignor, documentation from evaluation reports, etc).
  • Any other information derived from the processing of personal data by B2KPM which are necessary to conduct the business for the purposes mentioned below, for example the segmentation of the receivable portfolio; the unique identifier assigned at B2KPM level for each individual debtor.

Why (for what purposes) are we processing your personal data?

B2KPM is processing your data only to the extent that this data is related and/or may influence the claim recovery process and in connection to the establishment, exercise or defense of B2KPM’s rights in court or the rights of the creditors that we represent.
In this context, the purposes for the personal data processing mainly cover the debt collection and recovery including the following:

  • Analysing your financial status and the income sources, in order to identify repayment conditions for the debts, which fit your individual situation.
  • Conducting communication with you and proper identification of the data subjects
  • Performing the necessary legal and judicial procedures for the debt’s recovery (e.g. legal enforcement, judicial liquidation, bankruptcy, reorganization, intervention in other judicial proceedings, establishment or defence of our rights in court), as well as identifying the favourable solutions for all involved parties leading to close of outstanding financial obligations;
  • Providing the answers, you have requested by means of direct questions, requests or complaints.
  • Assessment of the opportunity to enter into a contractual relationship or to close a transaction (e.g. analysing the exposure to the risk involved when concluding a sale or purchase agreement, an assignment agreement, closing an extrajudicial transaction, acceptance of an offer to buy a collateral or participation to an auction etc.), including checks to identify, prevent and combat money laundering, terrorism financing and fraud.
  • Statistical analysis to assess the company’s activity and the managed claim portfolios, as well as the necessity to improve the collection and recovery methodology.
  • In order to answer the requests of public authorities or to fulfil legal requirements applicable to B2KPM;
  • Reporting purposes to competent authorities, according to regulatory provisions, as well as financial & accounting purposes, economical/ financial and administrative purposes within B2KPM.
  • For any other purposes you have authorized us, after we have clearly presented these purposes (e.g. concluding a sale promotion agreement to sell a real estate that you own).

We mention that your personal data may sometimes be used by B2KPM for certain secondary purposes (for example internal reporting and internal management, internal / external audit, risk or quality controls, archiving – in physical form and / or electronically, performing registration activities for company correspondence) that are always consistent with the main purposes for which the data was originally collected by B2KPM.

Which is the legal ground for your personal data processing?

  • Meeting the legal obligations applicable to B2KPM or public interest (e.g. consumer protection law, civil law, tax and accounting laws, legislation on prevention and combating money laundering and terrorism financing, legislation on the guarding of objectives, goods, values and protection of individuals).
  • Execution of the agreement in which you are a signatory, which is the source of the claim in respect of which B2KPM holds the status of creditor or representative of the creditor.
  • Make the necessary steps and diligence, at your request, with the purpose of concluding a sale or purchase agreement or assignment agreement with B2KPM.
  • The legitimate interest of B2KPM, its affiliated companies or of the creditors on behalf of which B2KPM provides debt collection or recovery services, which may concern:
    • Managing the company’s activity in terms of efficiency, profitability and safety for all interested parties and assessing the opportunity to enter a contractual relationship (for example: centralizing operations and managing the claim portfolios by maintaining a database, performing statistical analysis on the portfolio of receivables and on the efficiency of the activity, analysing and mitigating the risks to which the company may be exposed – financial risks and / or reputation risk, planning and development of the business strategy, development and improvement of collection and recovery methodologies.
    • Preventing fraud, potential conflicts of interest and safeguarding the assets of the company, as well as ensuring a high level of security both at the level of computer systems and applications, as well as physical security;
    • Establishing and/or defending company rights in court.
  • Your consent, in some situations when it has been granted to us.
  • In absolutely exceptional situations, in case of emergencies, forcible cases or force majeure, your personal data can be processed to protect your best interests or the interests of other individuals.

How we use (process) your personal data?

Data will be processed and stored in secure environments, both on paper and electronically, in receivables management systems and computer systems (including e-mail), all used at company level.
In order to fulfil the above-mentioned purposes:

  • We use tools that are not fully automated (human intervention is required) to establish the reimbursement profile / evaluation / forecast. This profiling is based on the information you provided us directly or provided to us by the initial creditor as well as on the information obtained from free public sources (Internet / social networking / public databases / publications and official public information issued by public authorities / official databases on entities and persons that are subject to international sanctions). Thanks to these profiles, we can decide the optimal way for both parties to recover the debt, especially if it is necessary to initiate legal enforcement procedures or to assess the opportunity for the company to conclude a sale or assigning contract.
  • We comply with legal obligations, including the reporting obligations, arising from national and European regulations (e.g. prevention of money laundering and terrorist financing, obligations that arise from tax or accounting legislation), as well as from legal regulations and instructions issued by to the Supervisory and Control Authorities (e.g. Ministry of Finance, National Authority for Consumer Protection, National Supervisory Authority for Personal Data Processing, National Office for Preventing and Combating Money Laundering, Criminal Investigation Authorities, etc.). The provision of personal data for these purposes is mandatory.
  • We use applications and computer systems on the basis of which we can ensure the efficient administration of receivables, payment and accounting management, as well as legal reporting
  • We use internal mechanism and procedures to help prevent and properly manage conflicts of interest, and in order to comply with the data accuracy principle, we undertake all due diligence steps in order to permanently update your personal data and to verify and confirm the data you we hold you on the basis of information obtained from official sources (e.g. court bailiffs, the Trade Registry, the portal of the courts, publications and official information of public interest issued by public authorities) or from free or private public sources (internet / social networks / public data / databases provided by contractual partners of the company);
  • We use your data to carry out functional activities with the purpose of promoting and performing asset recovery related to the properties registered as collateral in relation to our claims or the claims of the creditor in whose name we perform the debt recovery services.
  • We also use your data to carry out internal statistical analysis to evaluate the efficiency and improvement of debt collection and recovery methodologies.
  • We analyse and process your complaints, requests for exercising your privacy rights and any other requests you address to us.
  • We inform you about the current situation of your debts, the status of the legal proceedings in progress that are related to your debts, as well as about any data and information of interest to you regarding the debt recovery process.
  • We identify opportunities to improve our services, so that we can provide you with better services and solutions to meet your individual needs and situation.

Are your data safe at B2KPM?

B2KPM believes that the security of your personal data is very important and, in this regard, ensures the implementation and periodic review of organizational and technical security measures designed to protect your data against unauthorized access, modification, disclosure or destruction. Access to your personal data is only allowed to persons authorized by B2KPM, following an appropriate assessment, according to specific attributions and responsibilities, and who have previously accepted their confidentiality obligations.

If you choose to communicate with us and provide your personal information by electronic means (e-mail), we inform you that B2KPM has taken all necessary precaution measures to ensure the security of electronic mail by securing its own systems.

However, please be aware that the way of communicating the information requested by electronic mail using public networks is not fully secure, and by choosing this option, you assume the risks related to the electronic communication of the information (interception, modification, loss, destruction, delays in data receival, etc.) B2KPM implements specific precaution measures and procedures for the proper prevention, identification and management of potential personal data breaches, including measures regarding your notification and the National Supervisory Authority for Personal Data Processing, under the conditions set forth by the legal provisions in force

Who are the recipients of your personal data?

In the normal course of business, B2KPM may transfer your data to other individuals or entities to achieve the processing purposes already mentioned. This is necessary in order to take steps to execute or conclude a contract / agreement / transaction; to solve your requests; to fulfil our legal obligations and to achieve legitimate professional and operational interests permitted by law.

Here are several examples of situations when B2KPM may transfer your personal data:

  • We can provide data to the creditors on behalf of which B2KPM provides recovery and debt collection services or to the creditors from whom B2KPM has acquired the claims.
  • Within B2Holding Group, of which B2KPM is a subsidiary, we can transfer your personal data to other subsidiaries or companies, registered in Romania or in countries that are part of the European Economic Area. B2KPM will not allow the access or transfer of personal data to individuals or entities outside of the European Economic Area.
  • Our contractual partners – we can transfer some of your personal data to our partners with the aim to improve the debt collection and recovery services.
  • Underwriters of claim rights – We may transfer your personal data to other natural or legal persons to whom B2KPM or the creditors we represent are assigning their claims.
  • Supervisory authorities – if required by a legal mandate, or for the application of a national or European law, we can communicate details of your personal data or transactions without the need to inform you; these communications are intended to protect your rights and freedoms or other data subjects.
  • Other public authorities – we may provide your personal data to respond certain legal requirements or to third parties justifying a legitimate interest (e.g. bailiffs, public notary, courts of law).
  • Transferring upon your request – we may encounter situations in which you require us to transfer your data to a Representative or Empowered person acting in your name and on your behalf (for example, financial consultants, lawyers, mediators, executors, company directors).
  • We may disclose or transfer your personal data in the event of a reorganization, merger, sale, assignment, or other transfer of the company.
  • Transferring to other third parties – we may transfer your personal data to other entities outside our Group, that are not public entities, such as:
    • Our suppliers who offer us support in managing the receivables recovery services we provide, including in terms of promoting and capitalizing on collateral (e.g. real estate agencies, sites where we ensure the promotion of real estate for optimal use, including online property promotion platforms, lawyers, valuation experts, consulting firms, cadastral experts, accountants).;
    • Providers that help us improve our services, or develop, implement or manage our business systems, infrastructure, or operational processes (for example, auditors, consultants, analysts, accounting service providers, etc.)
    • Suppliers that provide us with maintenance and support, in order to operate for you the recovery services in optimal and safe conditions. For example: email service providers (e.g. Microsoft), vendors who develop / implement or manage IT applications and infrastructure, companies that provide archiving services, courier / postal service providers delivering various notifications, companies that manage the security systems implemented to ensure confidentiality / integrity and availability of your data, etc.
    • Suppliers who provide us with assistance in carrying out required procedures for the legal enforcement, insolvency or other debt recovery procedures (e.g. lawyers, appraisal experts, consultancy firms, cadastral experts, accountants, real estate agencies, sites that ensure the promotion of the real estate to optimize the value of the collateral related to the managed receivables).

We also inform you that mechanisms and procedures are put in place to ensure that our suppliers and our contractual partners that have access to your personal data comply with the applicable legal requirements regarding the processing and protection of personal data.

How long we process and store your personal data?

Your personal data will be processed by B2KPM for a period of time absolutely necessary for the purposes of processing, which may vary depending on the purpose for which the data is being used.

Thus, B2KPM will process your data throughout the claim recovery process and store it for a period of 5 years from the time the debt is transferred to another underwriter and / or after the full recovery of the claim and / or the completion of the legal enforcement, unless the law stipulates otherwise.

In the case of data processed for accounting purposes, your data will be stored for a maximum of 5 years and 10 years respectively, in accordance with statutory accounting regulations.

For video recordings, in case you visit B2KPM locations, the data storage period is up to 30 days from the date when the recording has taken place, with the possibility of prolongation in case of official requests submitted by competent public authorities.

Personal data that is processed in order to respond to requests for a period of 3 years from the last communication, according to the general prescription term provided by the Civil Code, with the purpose of ensuring the establishment, exercise or defense of certain rights in court.

What are your rights and how can you exercise them?

You can exercise at any time the following rights, within the limits and conditions set forth by the applicable legislation in the field of personal data protection:

  • Right to be informed – you may request at any time information and details on how we process your personal data, which will be provided to you verbally or in writing through the specifically requested channel.
  • Right of access to your data – You may at any time request the access to your personal data held by B2KPM through by which we will inform you on the processing of your personal data, i.e. the confirmation that your personal data is processed or not by B2KPM, the purposes, the grounds and the conditions of the processing.
  • Right to data rectification – You can request anytime to correct your personal data, including by filling in a complementary statement, so that we can ensure that, at all times, your data is actual, accurate and precise.
  • Right to object to data processing – for reasons related to your particular situation, you may oppose the processing of your personal data based on the legitimate interest of B2KPM and / or other persons we represent, or of the processing carried out in the public interest. In this case, B2KPM will still be able to process your personal data only if there are legitimate and compelling reasons that justify processing and prevail over your interests, rights and freedoms as the data subject, or if the purpose is to establish, exercise or defense of a right in court.
  • Right to data restriction – You have the right to request the restriction of processing in the following situations: (i) you have challenged the accuracy of your personal data that we process, so that, for the period necessary to verify their accuracy, your data will be restricted from processing;(ii) the processing of your personal data was considered illegitimate and you opposed the deletion of the data, requesting instead the restriction of the processing; (iii) you opposed the processing of your personal data, so that during the verification of the validity of the processing grounds, your data will be restricted; (iv) although the data retention period has expired, you have expressly requested us to retain your data for establishing, exercising or defending a right in court. In the case of restriction, your personal data may be processed by storage. Other processing operations will be possible only for: (i) establishing, exercising or defending a right of the B2KPM in court; (ii) to protect the rights of another natural or legal person; (iii) based on your express consent or (iv) to protect a public interest. If your request for data restriction has been complied with, we will inform you accordingly, before removing the processing restriction.
  • Right to data erasure – You may ask us to delete your personal data that we process, and we will undertake all the necessary steps to do so if: (i) it is no longer necessary to meet the purposes for which it was collected; (ii) you withdraw your consent and the processing was done on the basis of this consent, and there is no other legal basis for continuing the processing; (iii) you opposed the processing of the data and there are no legitimate reasons for further processing; (iv) your personal data has been processed without a valid legal basis for doing so. We also inform you that personal data for which you exercised the right to erase, may still be processed in the following situations: (i) for the fulfilment of legal obligations stipulating the processing, (ii) as well as for establishing, exercising or defending a right in court.
  • Right to data portability – In the case of your personal data that we are processing by automatic means, based on your express consent or for the execution of a contract between you and B2KPM, you may request us to provide you such data in a structured, and automatically readable format, which you may send to another operator, or you may request us to send the data directly to that operator (concerned to the extent that this is technically possible).
  • Right to withdraw your consent – in cases where processing is based on your consent, it can be withdrawn at any time. Withdrawal of your consent will have effects only for the future processing. The processing performed before the withdrawal of consent, remains valid.

All these rights can be exercised by submitting to us a official written request in this regard, to the contact details listed below and we will respond you within 30 days or, if the request requires a more complex analysis, this deadline may be extended by another 60 days, in this case you will be informed accordingly, the reason for extension will also be provided.

If you are addressing your request electronically, the requested information will be provided electronically, if possible, or through another format or channel requested by you.

B2KPM may request additional information to confirm your identity before we can share your personal data or act in connection with the exercise of the above rights.

We also inform you that, in justified cases, the law allows us to refuse to act according to your requests, for example if the purposes for which we process your data have not been fulfilled, and the processing is not based on your express consent, or where your claims are excessive, by their repetitive or obviously unfounded character. Even in this case, we will give you a written explanation of such a refusal.

If you are convinced that your personal data is being processed incorrectly and does not comply with the legal requirements, you may file a complaint with the National Supervisory Authority for Personal Data Processing at:
No. 28-30, Gheorghe Magheru Avenue, county 1, postal code 010336, Bucharest, Romania, phone: +40318059211;

e-mail: anspdcp@dataprotection.ro or the web page: Data Protection RO

Contact details of B2KPM regarding personal data

If you have any questions or requests regarding your rights described above, please contact us:

  • Address: Bucharest, no. 4 Vasile Alecsandri street, Building C, 2nd floor, 1st county, Romania,
  • Email: B2romania@b2kapital.ro
  • Data Protection Officer:
  • Email: dpo@b2kapital.ro
  • Telefon: +40 374885637
  • Fax: +40 374810668

© Copyright 2019 B2 Kapital d.o.o. All rights reserved.
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