Politica sulla riservatezza
Responsabile del trattamento dei dati personali

FLOA

PRIVACY POLICY

The terms used in this privacy policy (the "Privacy Policy"), when capitalized, shall have the meaning given to them in article 1.

FLOA places the respect of Your Personal Data at the center of its concerns.

Our Privacy Policy (hereafter called “Privacy policy”) is intended to inform you in a clear, simple and transparent way about the Processing performed on the Personal Data you entrust to us.

Specifically, we inform you about:

• The personal data that we collect and process (article 2) ;
• The way we collect your personal data (article 3) ;
• The purposes and legal basis of the processing of your data (article 4) ;
• Where the collection and Processing of Personal Data is mandatory (article 5) ;
• The possible transfers of your personal data to a third country (article 6) ;
• How long we keep your personal data (article 7) ;
• The recipients of your personal data (article 8) ;
• The security measures We put in place to protect Your Personal Information (article 9) ;
• Our Automatic Decision Process (article 10) ;
• The right you have regarding your personal data (article 11) ;
• Modalities regarding the installation of cookies and trackers on your device and their processing (article 12).

Our Privacy Policy can be modified, complemented or updated at any time, in order to reflect the changes in Data protection laws. Any change to this Privacy Policy will be notified to you and an update version will also be available on our website.

More information about the Processing of your Personal Data by FLOA can be disclosed especially for a specific product or service request.

1. Definitions:

The following capitalized terms will have the meanings as described below:

- « Controller » refers to FLOA, unless otherwise specified ;

- « Data Protection Laws » means together the Legislative Decree No. 196/2003 as further amended and modified and the Regulation (EU) 2016/679 of the European parliament and of the council of 27th of April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“General Data Protection Regulation” or “GDPR”), as well as any regulation relating to the Processing and/or protection of Personal Data in force or may come into force.

- « FLOA », « We », « Our/Ours », or «Us » means FLOA, limited company with the capital of 55 136 600 euros, registered at RCS of Bordeaux under the registration number 434 130 423, whose head office is located 71, rue Lucien Faure – Bâtiment G7 – 33000 Bordeaux (France). Floa is under the ACPR authority control (Autorité de Contrôle Prudentiel et de Résolution), located 4 Place de Budapest, CS 92459 - 75436 Paris and registered at ORIAS (www.orias.fr) under the number 07 028 160.

- « Personal Data » refers to all information related to identified or identifiable natural person within the meaning of data-protection laws (hereafter called “data subjects”). Some fields are marked with an asterisk when they relate to personal data necessary to achieve a specific purpose, and,

- « Processing » (or « To Process») refers to, in accordance with the article 4-2 of the GDPR, means any operation or set of operations performed upon personal data or sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or any other ways of making the data available, the alignment or combination, the restriction, the erasure or destruction.

- « You», « Your » or « Yours » refer to the natural person concerned by the collect and the Processing made by FLOA, person called “Data subject” within the meaning of Data Protection Laws. Data subjects are customers and prospects of Floa, and visitors of websites and applications edited by Floa.

2. What Personal Data Do We Collect and Process?

We undertake to collect and Process only the Personal Data necessary to achieve the purposes listed in article 4 of this Privacy Policy.

These Personal Data include:

• The data related to Your identity : civility, surname(s), first name(s), address, telephone number (fixed and/or mobile), e-mail addresses, date of birth, identity document, photograph, tax identification number ;
• Your financial and banking information : bank account number, bank card number, expiry date of the bank card, visual cryptogram (not kept), banking establishment ;
• Your transaction data: Examples: file number, product(s) and/or service(s) requested/subscribed, amount and duration of funding;
• Data related to the management of the business relationship and history: correspondence, exchanges, recordings of telephone calls, purchase history (previous orders and status. Examples : validated, refused, cancelled, unpaid), history of payment incidents and delays in payment, history of fraud alerts, litigations ;
• Data relating to the repayment of Your financing. Examples: schedule, repayment incident ;
• Data necessary to carry out sales promotion activities;
• Your opinions and comments concerning a product(s) and/or service(s) distributed by Floa ;
• Data related to Your behavior, habits and preferences : IP address, use that You make of products and/or services distributed by FLOA, provided that You consent to such data processing (as further described below);
• Data related to Your requests to exercise Your rights, in accordance with Article 11 of the Privacy Policy. We do not collect any special category of personal data, i.e. Personal Data related to Your racial or ethnic origins, political, religious or philosophical opinions, trade union membership, sexual orientation or sex life, or genetic data, unless required by law.

We inform You, if necessary, of the consequences of a refusal to disclose Your Personal Data. We inform You, for example, that refusing to provide Us with the Personal Data necessary about Your financial situation prevents Us from studying Your credit application.

3. How Do We Collect Your Personal Information?

The Personal Data that We process may have been provided directly by You (3.1) or collected indirectly from third parties (3.2), in accordance with Data Protection Laws.

3.1 Personal data collected directly from You:

We directly collect Your Personal Data, in particular when:

• You subscribe to one of the products and/or services distributed by FLOA ;
• You agree to receive Our commercial communications;
• You communicate them to Us voluntarily, in particular via collection forms, requests for information or surveys.

3.2 Personal data collected indirectly, from third parties :

We indirectly collect Your Personal Data, in particular from:

• From Our partners(including merchants that offer Our payement facilities to theirs customers when they buy a product/service), in compliance with the Data Protection Laws and in accordance with the agreements made with these partners;
• Administrative or judicial authorities, when they publish Personal Data, in accordance with the applicable legislation.

4. What are the purposes of the Processing that We carry out and their legal bases?

Your Personal Data is processed by FLOA for the following purposes:

4.1 Compliance with the legal and regulatory obligations of FLOA :

We Process Your Personal Data in order to comply with our legal and regulatory obligations established by EU law, local laws or regulations, in the following cases:

• Making declarations to authorized third parties, in particular to the State, administrative or judicial authorities ;
• Fight against money laundering and terrorist financing. These processes aim at setting up appropriate surveillance and the detection of operations that could constitute money laundering or terrorist financing ;
• Physical, logical and IT security of the FLOA network and information system. This Processing allows Us to protect Your personal Data (examples: identification data, password, etc.) as well as Ours and Our entire information system. It allows Us, for example, to detect suspicious behaviors on the websites and applications that We publish, a massive connection, an extraction from Our databases, an attempt of fraud, etc.;
• Management of administrative and judicial procedures. Examples: responses to the Italian Data Protection Authority ;
• Management of the rights arising from the Data Protection Laws. This Processing allows Us to respond to the requests that You address to Us concerning the rights listed in Article 11 of the Privacy Policy.

4.2 Execution of pre-contractual measures or a contract to which You are or wish to be a party:

We Process Your Personal Data for the purpose to carry out pre-contractual measures or a contract to which You are or wish to be a party, in the following case:

• Performance of the agreement to which You are or wish to be a party. For example :

o Credit granting and management. The purpose of this Processing is to collect, at the time of Your request, the Personal Data necessary for the study of Your file and, if necessary, for credit management (payment, reimbursement, etc.);

o Establishment of proof of transactions. This Processing may consist of the recording of postal, electronic, chat, SMS and telephone call correspondence between You and Us and the retention of all elements necessary to establish proof of transactions between You and Us;

o Customer relationship management. This Processing allows, in particular, to provide information and assistance relating to the management operations of your account (e.g.: changes of contact details, status, retractions, etc.), to process postal, electronic, chat, SMS and telephone correspondence between You and Us;

o Management of payment incidents, unpaid bills and amicable or judicial recovery of any credit granted. This Processing allows Us to identify the sums that You owe, to manage Your possible unpaid debts and to approach You to recover them in an amicable or legal manner.

4.3 Pursuit of the legitimate interests of FLOA :

We Process Your Personal Data for the purpose of pursuing our legitimate interests in the following cases:

• Evaluation of credit risk. To this end, when You make a credit request to FLOA, We may use automated Decision Support Processes based on information available to Us, particularly related to Your financial situation and/or based on scoring models. When You make a credit application, this Processing allows Us to study it and evaluate the statistical risk of default attached to You. If Your application is refused, You may ask Us to re-examine Your file and present Your observations, in particular on Your financial situation;
• Prevention and fight against external fraud. This Processing ensures:

- The detection of acts carried out within the framework of activities presenting an anomaly, an inconsistency or having been reported as potentially fraudulent (e.g. communication of false proof of income or contradictory information);

- Management of external fraud alerts leading to checks, requests for explanations or additional supporting documents;

• Building of statistics and score models. In order to evaluate the credit risk and to optimize risk management, We build score models based on statistics, notably from data related to previously granted credit, Your Personal Data, and information related to payment incidents that may have occurred on Your account ;
• Marketing purposes, including through social networks. This Processing allows You to be informed of Our news as well as to receive Our offers by email, SMS, postal mail (according to Your choices). We draw Your attention to the fact that You may withdraw Your consent to this processing at any time in accordance with Article 10.
• Activities functional to the sale of companies and company branches, acquisitions, mergers, demergers or other transformations and for the execution of such operations;
• Anonymization and aggregation of data in order to establish scoring models or statistics ;
• Defense purposes. This Processing ensures that FLOA can defend itself in front of any competent authority.

4.4 Other purposes pursued with Your consent:

On the basis of Your consent, We Process Your Personal Data for the following purposes:

• Marketing purposes, including through social networks. This Processing allows You to be informed of Our news as well as to receive Our offers by email, SMS, postal mail (according to Your choices). We draw Your attention to the fact that You may withdraw Your consent to this processing at any time in accordance with Article 10.
• Customized marketing purposes, in order to send You personalized offers, to suggest services, products or complementary offers likely to correspond to Your preferences and this, on the basis of segmentation or selections or based on algorithms.
• Realization of statistics, surveys, satisfaction surveys and study of the results based of anonymized data, to increase Our knowledge about Our customers, about their use of the websites and applications published by FLOA, about the products and services that We distribute, and the relevance and performance of our promotional campaigns, with objective to improve Our customers experience and their satisfaction ;
• Collection of customer opinions. The purpose of this Processing is to collect Your opinions concerning the products and services distributed by FLOA and thus to improve Your experience and Our offer.Upon your consent, Your opinions may be posted on Our websites and applications as well as on the websites and applications of our partners.

You will be informed of any Processing of Personal Data for purposes other than those listed above, and if necessary We will obtain Your consent to such Processing.

5. Is the collection and Processing of Personal Data mandatory?

The collection and Processing of Personal Data for the purposes of executing the contract with You for the purposes of fulfilling the legal obligations to FLOA is subject is necessary for the correct establishment and execution of the contract itself as well as to allow FLOA to fulfil the related legal obligations. Any refusal on Your part to provide Personal Data may make it impossible to proceed with the contractual relationship with You or and/or to fulfil the obligations as provided for by the contract or by the applicable law or, again, to fulfil Your specific requests.

The collection and Processing of Personal Data for the purposes of legitimate interest is not compulsory but necessary since the processing of such data is based on the Our legitimate interest. This legitimate interest is adequately balanced with Your interests, rights and freedoms, in light of the limits imposed in relation to the Personal Data being processed and the specific circumstances in which the Processing takes place. In any case, You can object to such processing by the means indicated in this privacy policy, and in this case FLOA may not process the Personal Data for purposes based on legitimate interest, unless there are compelling legitimate reasons for processing that override Your interests, rights and freedoms or the processing is necessary for the exercise or defense of a right of FLOA.

Finally, the collection and Processing of Personal Data based on Your consent is optional and the related processing is based on Your consent, which is optional and can be revoked at any time. It is understood that any subsequent withdrawal of consent does not affect the lawfulness of the data processing carried out in the period prior to such withdrawal.

6. Are your Personal Data transferred outside the European Union?

Your Personal Data is processed within the European Union.

However, some of Our service providers and banking agents, who assist Us in particular in the management and execution of Your request and, where applicable, Your contract, may be located outside the European Union, specifically in the USA . If this is the case, FLOA ensures that this transfer is carried out in compliance with Data Protection Laws and guarantees an adequate level of protection of Your privacy and Your fundamental rights. More in particular FLOA uses standard data protection clauses (Article 46(2)(c) GDPR) as an appropriate safeguard for such transfers, if the country of the service provider and banking agent is not considered to provide an adequate level of protection in the meaning of Article 45 GDPR. Please contact the FLOA data protection officer if you wish to obtain a copy of the standard data protection clauses used.

7. What are the retention periods We apply to Your Personal Data?

The retention periods for Your Personal Data are as follows:

• With regard to the execution of the contract with You and based on Our legitimate interest :

o If You are a client of FLOA (a current contract binds You to FLOA), Your Personal Data will be kept during 5 years from the date of termination of Your contract or the closing of Your client account (10 years for the contract) ;

o If You are a prospective client of FLOA (no contract binds You to FLOA), Your Personal Data will be kept for 3 years from the date of collection or from the last contact made by You.

When an administrative or judicial procedure is in progress, we keep the data until the end of the procedure. They are then archived in accordance with the applicable statutory limitation periods.

• Special case of fraud alerts and characterized frauds:

o In the event of a fraud alert: any external fraud alert that is not qualified within 12 months of its investigation shall be deleted without delay ;

o In the event of serious fraud: data relating to serious fraud are kept for a maximum period of 5 years from the investigation. Data relating to persons on a list of proven fraudsters are deleted after the 5-year period from the date of inclusion on the list.

• With regard to the Processing of Data carried out in order to respond to a legal obligations: Personal Data will be kept for the time indicated as per the applicable law.

You will be informed of any Processing of Personal Data with a retention period other than those listed above.

Further to the expiry of the relevant retention time Your Personal Data will be anonymized or erased.

8. Who are the recipients of Your Personal Data?

In order to achieve the purposes detailed in Article 4 of this privacy policy, Your Personal Data may be transmitted:

• to Our service providers, who perform services on Our behalf, including professionals, companies or other suppliers who provide assistance and consultancy to FLOA for the supply of instrumental or support services to those carried out by FLOA, for example consultants, lawyers, bailiffs, auditing firms, suppliers of technological services, etc. ;
• to Our financial and commercial partners ;
• Credit institutions bound by professional banking secrecy and belonging to the FLOA’s Group (the list of companies can be sent to You on request), i.e. controlled by FLOA, or which controls FLOA, directly or indirectlywithin the framework of preventive risk management and collection;
• subject to the conditions for the lifting of professional secrecy, to judicial, administrative, financial or other governmental authorities.

The communication of Your Personal Data to the recipients listed above is carried out in compliance with the Data Protection Laws and the agreements that We have concluded with the recipients, if any.

9. What security measures do we put in place to protect Your Personal Information?

FLOA undertakes to implement the appropriate technical and organizational measures in order to guarantee the protection, confidentiality, non-alteration, availability, absence of access by an unauthorized third party, and therefore, in general, the security of Your Personal Data.

These measures are defined and implemented following the best market standards in terms of security.

10. Automatic Decision Process

With specific reference to creditworthiness analysis, We point out that our analysis is carried out also through an automatic decision process which, taking into consideration Your characteristics as well as the information collected from databases made available to FLOA with regard to the credit risks, allows FLOA to study and evaluate the statistical risk of default attached to You.

The above mentioned assessment is necessary for the purpose of entering into and performing the agreement with You and, in the event of a negative outcome of the assessment, it can lead to the rejection of Your request to FLOA, the request for additional guarantees for entering into an agreement with FLOA or the adoption of additional conditions or limitations on entering into the agreement with FLOA.

The main factors that are taken into consideration for the analysis are:

- client ID

- first name(s)

- last name(s)

- civility

- birth date

- birth zip code

- email

- address

- tax identification number

- order date

- purchase history

- history of payment incidents and delays in payment

- history of fraud alerts

- litigations

In any event, You can ask for the assessment to be carried out by an individual, express Your opinion and challenge the automated decision in the manner set forth in this privacy policy.

11. What are Your rights regarding the Personal Information We collect?

What are Your rights regarding the Personal Information We collect?

• right of access: You may obtain a copy of all of Your Personal Data processed by FLOA ;
• the right of rectification: You may ask FLOA to correct and/or complete Your Personal Data if it is inaccurate or incomplete;
• the right of deletion : You can obtain the deletion of your Personal Data. Your Personal Data may however be retained by FLOA when their Processing is necessary to comply with a legal obligation or to exercise a right before an administrative or judicial authority;
• the right of opposition: you may ask FLOA, for reasons concerning Your particular situation, to cease the Processing that are being made on Your Personal Data, unless FLOA justifies that its legitimate and compelling interests take precedence over Your rights and freedoms. With respect to commercial prospection, You have the right to object, without charge or reason, to the use of Your Personal Data for commercial prospection purposes.
• the right to the limitation of the Processing: You may request a limitation on the Processing of Your Personal Data, for example when You dispute their accuracy, in order to allow FLOA to carry out the appropriate verifications, or when You exercise Your right of opposition, during the time that FLOA is studying Your request. Where applicable, Your Personal Data may only be processed with Your consent or for the defense of a right before an administrative or judicial authority;
• the right to portability: You may obtain the Personal Data that you have provided to FLOA in a structured, commonly used, machine-readable format, as well as their transmission to another service provider, where technically possible ;
• the right to revoke Your consent to the Processing of Personal Data at any time if the Processing is carried out based on Your consent.

You also have the right to formulate specific or general guidelines concerning the storage, deletion and communication of Your Personal Data post-mortem.

If You have any questions regarding the Processing and collection of Your Personal Data or in order to exercise the above rights, You may contact FLOA :

- by e-mail at contact@floa.com ;

- or by post at : SERVICE CONSOMMATEUR – FLOA - 36 rue de Messines - 59 686 Lille Cedex 9, France. or contact Our Data Protection Officer (DPO) by e-mail at dpofloa@floa.fr.

You may, at any time, address a complaint to the competent supervisory authority (in Italy, the Garante per la protezionei dei dati personali: www.garanteprivacy.it).

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