PRIVACY POLICY

Introduction

Welcome to the Gemba’s Finance Ltd privacy policy.

Gemba Finance Ltd respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

This privacy policy is provided in a layered format so you can click through to the specific areas set out below. Please also use the Glossary to understand the meaning of some of the terms used in this privacy policy.

1. IMPOTANT INFORMATION AND WHO WE ARE

PUPOSE OF THIS PRIVACY POLICY

This privacy policy aims to give you information on how Gemba Finance Ltd collects and processes your personal data through your use of this website, including any data you may provide through this website when you purchase a service.

This website is not intended for children under the age of 18 and we do not knowingly collect data relating to children. If you are under the age of 18, please do not apply for an account with us, provide any personal information to our webpage or use our webpage in any other way.

It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.

CONTOLLER  

Gemba Finance Ltd is the controller and responsible for this website. Gemba Finance Ltd, registered in United Kingdom of Great Britain under registration number 11040011, legal address: Level 39, One Canada Square, Canary Wharf, London, England, E14 5AB, who is the provider of payment services under the trading name Gemba.

Gemba Finance Ltd have a branch in the following country: Gemba Finance Ltd filiale Latvia,
legal address: Rīga, Balasta dambis 80A, LV-1048.

This privacy policy is issued on behalf of the Gemba Finance Ltd Group so when we mention Gemba Finance Ltd “we”, “us” or “our” in this privacy policy, we are referring to the relevant company in the Gemba Finance Ltd Group responsible for processing your data. We will let you know which entity will be the controller for your data when you purchase a service with us.

If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact Gemba Finance Ltd or our DPO using the details set out below.

CONTACT DETAILS

If you have any questions about this privacy policy or our privacy practices, please contact us using the contact details below:

GEMBA FINANCE LTD

Address: Level 39, One Canada Square, Canary Wharf, London, England, E14 5AB

Email: [email protected]

In the event of a personal data breach or suspected personal data breach, we encourage you to contact Gemba.

With regards to data protection issues in the UK, you have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK regulator for data protection (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

EU REPRESENTATIVE

If you are located in the European Union, you can refer privacy-related questions to our EU Representative under Article 27 of the 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):

SIA Datu Aizsardzības pakalpojumi

Reg. No. 40203086361

e-mail: [email protected]

www.fpda.lv

With regards to data protection issues in the Latvia, you have the right to make a complaint at any time to the Data State Inspectorate, the Latvian Data Protection Authority for data protection (https://www.dvi.gov.lv). We would, however, appreciate the chance to deal with your concerns before you approach the Data State Inspectorate so, please contact us in the first instance.

CHANGES TO THE PRIVACY POLICY AND YOUR DUTY TO INFORM US OF CHANGES  

We keep our privacy policy under regular review. This version was last updated on June 19, 2013

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

THIRD-PARTY LINKS

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

2. THE DATA WE COLLECT ABOUT YOU

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

2.1. We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

· Identity Data  includes first name, maiden name, last name, title, gender, nationality, identity document details, date of birth, place of birth, a visual representation of the face and a copy of the supporting document as a basis for the information on the affiliation to the address, information regarding your employment;

· Contact Data  includes billing address, email address and telephone numbers;

· Financial Data  includes financial status, bank account details, taxpayer’s country and number, information on the reasons for opening the account;

· Transaction Data  includes details about payments to and from you and other details of services you have purchased from us;

· Technical Data  includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website;

· Profile Data  includes your username and password, your interests, preferences, feedback and survey responses.

· Usage Data  includes information about how you use our website and services.

· Marketing and Communications Data  includes your preferences in receiving marketing from us and our third parties and your communication preferences.

2.2. If you are a corporate entity, we may also collect your registered name, registered office address, memorandum of association, articles of association, list of current shareholders, list of current directors, annual return, identification and proof of address of beneficial owners, directors and any power of attorney.

2.3. We may collect information about you contained in any documents you provide to us for the purposes of verifying and processing your application for an account with us.

2.4. We may collect information about your transactions and your activities when you apply for an account with us and carry out a transaction using our services. Such information may include without limitation the identity of the other party to the transaction, their location and the currency and amount of the payment.

2.5. We also collect, use and share  Aggregated Data  such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will  not  directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

2.6. We do not collect any  Special Categories of Personal Data  about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

3. IF YOU FAIL TO PROVIDE PERSONAL DATA

3.1. Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with services). In this case, we may have to cancel a service you have with us but we will notify you if this is the case at the time.

4. HOW IS YOUR PERSONAL DATA COLLECTED?

We use different methods to collect data from and about you including through:

4.1. Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by Web & mobile application software, post, email or via the send message forms on our webpage. This includes personal data you provide when you:

· open an account with us;

· use the services made available on our Web & mobile application software;

· enter a competition, promotion or survey;

· request marketing to be sent to you;

· give us feedback or contact us.

4.2. Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies.

With regard to each of your visits to our webpage, we may automatically collect the following:

4.2.1. technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;

4.2.2. information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our webpage (including date and time);

4.2.3. products you viewed or searched for;

4.2.4. page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.

4.2.5. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy (LINK) for further details.

4.3. Third parties or publicly available sources. We will receive personal data about you from various third parties and public sources as set out below:

Technical Data from the following parties:

(a) analytics providers such as Google;

(b) advertising networks such as a LinkedIn, Facebook; and

(c) search information providers such as Google AdWords;

(d) Identity and Contact Data from publicly available sources such as Companies House and the Electoral Register based inside the UK;

(e) Publicly available UK government sanction lists.

(f) credit reference agencies

 5. HOW WE USE YOUR PERSONAL DATA

5.1. We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

· Where we need to perform the contract, we are about to enter into or have entered into with you.

· Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

· Where we need to comply with a legal obligation.

Click here (Link to Glossary) to find out more about the types of lawful basis that we will rely on to process your personal data.

5.2. Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

5.3. We are obligated on selected measures against legitimization of proceeds of crime and financing of terrorism to keep records about you and your transactions.

6.  PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA

6.1. We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

6.2. Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground, we are relying on to process your personal data where more than one ground has been set out in the table below.

6.3. Click here (LINK TO GLOSSARY) to find out more about the types of lawful basis that we will rely on to process your personal data.

7. MARKETING  

7.1. Subject to your prior consent, We may use your data to contact you for market research purposes and to provide you with information about our services, offers and promotions which may be of interest to you. If we do so, we will contact you by email. If you do not want us to use your data in this way, please contact us using the contact details provided.

7.2. Your information may be used by us for the purpose of research and statistical analysis and internal customer service monitoring.

8. THIRD PARTIES

8.1. We use certain processors in the general running of its business and to assist us in providing services to our clients, for dealing with various matters in connection with our webpage, Web & mobile application software and the services provided on our webpage, Web & mobile application software. A processor is a third-party service provider or data processor engaged by us, who has or potentially will have access to or process personal data. If you would like to know a list of our processors who have or have had access to your personal data, please contact us using the contact details provided.

9. COOKIES

9.1. Our webpage uses cookies to distinguish you from other users of our webpage. This helps us to provide you with a more personalized experience when you browse our webpage and also allows us to improve our webpage.

9.2. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see (LINK TO Gemba COOKIE Policy).

10. DISCLOSURES OF YOUR PERSONAL DATA

10.1. We may share your personal data with the parties set out below for the purposes set out in the table: Purposes for which we will use your personal data above.

· Internal Third Parties as set out in the Glossary .

· External Third Parties as set out in the Glossary .

· Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

10.2. We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

10.3. We are required by statute to make a disclosure where we know or suspect that a transaction involves money laundering or terrorist financing. Where we are required to make a disclosure in relation to one of your transactions, we will not be able to inform you about the disclosure or our reasons for making it.

10.4. Unless there is a particular reason, we approve customer requests regarding disclosure of their information to third parties after checking that the applicant is the person concerned. Additionally, in case of inaccurate information that we know about, we will apply the necessary changes to it. However, we may charge a reasonable fee if a customer requires information or require information to be disclosed to a third party.

11. PERSONAL DATA SHARING AND DATA TRANSFERS

11.1. Where we share your personal data within the Gemba Finance Ltd Group, this may involve transferring your data outside the UK. We ensure your personal data is protected by requiring all our group companies to follow the same rules when processing your personal data. These rules are called “binding corporate rules”. For further details, see European Commission: Binding corporate rules.

11.2. Where we engage with a supplier or agent, this may involve transferring your data outside the UK on our behalf. We will undertake due diligence, monitoring and assurance activities to ensure that the personal data is appropriately protected, and contractual clauses will be agreed between the parties to ensure that data protection and confidentiality is maintained.

11.3. We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.

11.4. Where we use certain service providers, we may use two sets of Standard Contractual Clauses (SCCs) approved by the European Commission: CCSs for the relationship between controllers and processors throughout the EEA; SSCs for international transfers. See European Commission: Standard Contractual Clauses for the transfer of personal data.

12. KEEPING INFORMATION UP TO DATE AND SECURE

12.1. If any of the information that you have provided to us changes, for example, if you change your email address or other contact details, or if you wish to close your account with us, please update your account details on our webpage or, alternatively, contact us using the contact details provided.

12.2. Where we have given you (or where you have chosen) a username and password which enable you to access certain parts of our webpage, you are responsible for keeping your username and password confidential. We ask you not to share this information with anyone.

12.3. We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

13. DATA RETENTION

13.1. By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for as long as necessary for the legitimate purposes according to our Data Retention Policy.

13.2. In some circumstances you can ask us to delete your data: see your legal rights below for further information.

13.3. In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

13. YOUR LEGAL RIGHTS

14.1. You have certain rights under the data protection regulation in relation to the information that we hold about you. These rights include the rights set out below:

· Request access to your personal data.

· Request rectification of your personal data.

· Request erasure of your personal data.

· Object to processing of your personal data.

· Request restriction of processing your personal data.

· Request transfer of your personal data.

· Right to withdraw consent.

14.2. If you wish to exercise any of the rights set out above, please contact us by sending an e-mail to [email protected] or by submitting an application to Gemba’s registered office.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

14.3. We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

14.4. You are entitled to require a correction of errors in the personal information held about you. If we disagree that information is inaccurate you are entitled to apply to ask the court for an order that such erroneous information is rectified, blocked, destroyed, or erased.

14.5. You are entitled to require us to ensure that no decision taken by or on behalf of us and which significantly affects you is based solely on the automated processing of your information, for the purpose of evaluating such matters as, for example, your creditworthy ness, reliability or conduct.

 14.6. We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated. If necessary, that period may be extended by a further two months, taking into account the complexity and number of requests. You may be charged a reasonable fee for this information.

15.YOUR CONSENT TO DATA PROCESSING AND RIGHT TO WITHDRAW IT

15.1. By submitting your information, you consent to the use of that information as set out in this policy. To ensure that the most recent information about the processing of your personal data is always available to you, we will make sure that this Privacy Policy is reviewed and updated on a regular basis. Therefore, we encourage you to read, from time to time, the latest version of the Privacy Policy on our webpage.

15.2. The data subject shall have the right to withdraw the consent given for data processing at any time by sending an e-mail to [email protected] or by submitting an application to Gemba’s registered office, in which case no further data processing based on the consent given for the specific purpose will be carried out.

15.3. Withdrawal of consent cannot interrupt the processing of data carried out on the basis of other legal grounds.

16. GLOSSARY

LAWFUL BASIS

Legitimate Interest  means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract  means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal obligation  means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

THIRD PARTIES

INTERNAL THIRD PARTIES

Other companies in the Gemba Finance Ltd Group acting as joint controllers or processors and who are based in Latvia and provide IT and system administration services and undertake leadership reporting.

EXTERNAL THIRD PARTIES

· Service providers acting as processors who provide IT and system administration services.

· Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.

· HM Revenue & Customs, FCA and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.

· Fraud Prevention Agencies;

· Other financial institutions and third parties involved in the execution of transactions;

· Supervisory authorities based on written requests or the duties stipulated by the legal enactments (court, investigation bodies, the prosecutor’s office, operational entities, sworn bailiffs, notaries, insolvency administrators);

· Participants of the international payment systems

YOUR LEGAL RIGHTS

You have the right to:

Request access  to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request rectification  of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure  of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing  of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing  of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

· If you want us to establish the data’s accuracy.

· Where our use of the data is unlawful but you do not want us to erase it.

· Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.

· You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request to data portability allows individuals to obtain and reuse their personal data for their own purposes across different services We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time  where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.