Notice concerning the processing of borrowers’ personal data:
1. Purpose of the Processing
In accordance with EU regulation 679/2016 Bayview Italia s.r.l. informs the borrowers that their personal data are processed for the following purposes:
- to conduct, as data processor appointed by the clients of Bayview Italia s.r.l., debts collection procedures;
- to conduct pre-contractual negotiation, settle and supervise agreements with the borrowers on behalf of its clients;
- to fulfill, as data controller, the obligations imposed by law, regulations or EU law. In particular by:
- Legislative Decree 231/2007, Ministry of Economy and Finance Decree no. 143 of February 3, 2006 and Italian Foreign Exchange Office (UIC) Decree of February 24, 2006 on anti-money laundering (registration of the data in the information archive and reporting of any suspect transactions to the Financial Information Unit (UIF) at the Bank of Italy);
- Legislative Decree 90/2017, implementing measure with respect to directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing;
- Article 20 of the Consolidated Text on Public Safety Laws (T.U.L.P.S.) and Article 219 Reg. Es. T.U.L.P.S. on holding of daily business registrar.
2. Processed Data
The processed personal data may belong to any of the following categories:
- personal data (including the name, surname, tax code and VAT registration number), contact details (including the address, telephone number), information concerning the debt position (including the amount of credit, payment terms) provided by the parties upon conclusion of the contract with Bayview Italia s.r.l. and/or communicated to Bayview Italia s.r.l. by its clients for the performance of the debt collection or obtained from public lists or registrars;
- payment data provided by you to Bayview Italia s.r.l.
3. Provision of Data
Except for personal data provided to Bayview Italia s.r.l. by its clients or obtained from public lists or registrars, Bayview Italia s.r.l. collect personal data provided by you for the sole purpose of negotiating and closing settlement agreements.
To this purpose, Bayview Italia properly collect a specific Consent Form from the Borrower.
In this last case, the non-provision of data by borrowers, Bayview Italia s.r.l. would not be able to pursue some of the purposes stated above.
4. Methods of Processing
Your data shall be processed using paper or IT tools to guarantee security and confidentiality and avoid any unauthorized access.
They will only be stored on the software called Loan Management System “LMS”, owned by Bayview Italia s.r.l., to which only authorized employees of Bayview Italia s.r.l. have access.
The processing of your data for debt collection purposes shall be conducted in compliance with the Authority Decree of November 30, 2005, “Lawfulness, fairness and relevance in the activity of debt recovery” in the following manners: reminder notices sent via regular mail, reminder calls through operators, sms, home visits.
5. Scope of Data Communication and Disclosure
Your data shall be processed by employees of Bayview Italia s.r.l. in their role as persons in charge of the processing or data processors.
If needed to pursue the purposes described in Section 1, your data could be communicated to third party data processors or data controllers, in Italy, including, but not limited to:
- tax collection agents;
- other debt collection companies;
- entities in charge of the transmission, enveloping, transport and sorting of communications;
- IT service providers;
- UIF at the Bank of Italy and other institutions involved in the implementation of anti-money laundering legislation;
- public security officers pursuant to the provisions of T.U.L.P.S.;
- subjects to whom your data has to be transmitted pursuant to legal obligations.
Where the transfer of the data is not provided by law, Bayview Italia has signed with the third parties detailed above a specific contract appointing them as data processor and obliging them to manage, store and process the data in compliance with the GDPR.
The list of the subjects to whom Bayview Italia s.r.l. shall communicate your data shall be constantly updated and you will be able to have easy and free access to it by sending a written enquiry to Bayview Italia s.r.l. at the address listed below or an e-mail to the following address: email@example.com.
Your personal data shall not be disclosed to any unauthorized parties.
Bayview Italia is not transferring your data abroad, nor disclosing any personal data to any of its parent companies or subsidiaries with the sole exception of the US Company Bayview International, who has access to some anonymized reports contained in the LMS. In any case, Bayview Italia has security measures in place to seek to ensure that there is appropriate security for the information transferred abroad.
6. Data Controller and Data Processor
For the purposes described in Section 1:
- the data controller is the client who requested Bayview Italia s.r.l. to perform the debt collection activity. For any further details on the processing of your data please see the Informative provided by the client upon conclusion of the contract;
- the data processor is Bayview Italia s.r.l., with registered office in Milan, Piazza Armando Diaz, 5, VAT number 09470190969.
7. Data Subject Rights
In relation to your personal data, you may exercise the rights provided to you by GDPR and, therefore, you may:
- access your personal data stored at Bayview Italia s.r.l. and obtain a copy of their records;
- request and obtain the correction of any of your personal data without unjustified delay; taking into account the purposes of the processing, you may have the right to supplement your personal data which is incomplete by providing additional information;
- obtain the deletion of your personal data without unjustified delay if:
- your personal data is not necessary for the purposes for which it was collected and processed (therefore the purposes specified above);
- the legal basis for the processing ceases to exist and you waive your consent to such processing;
- the processing becomes unlawful;
- the cancellation of your personal data is required by the European Union and by all Member States to which the Bayview Italia S.r.l. is subject.
- request the restriction of the processing if:
- there are inaccuracies in your personal data;
- the processing becomes unlawful, but you object to the cancellation and instead you request the restriction of such processing.
- oppose to the processing of your personal data for reasons related to a particular situation; the Bayview Italia S.r.l. shall cease to process your personal data if such processing is either not justified by the existence of any legitimate and mandatory reasons which may prevail over your interests, rights, and freedom or is necessary for the verification, prosecution, or defence of any right of the Bayview Italia S.r.l. in a judicial proceeding.
The above-mentioned rights may not be exercised if the storage of your personal data is necessary for verification, prosecution, or defence of any right of the Bayview Italia S.r.l. in a judicial proceeding. Where you exercise any of the above-mentioned rights, the Bayview Italia S.r.l. will aim to deal with your request within one month.
With regards to the processing of your data for the purposes listed in Section 1, you can exercise any of the above-mentioned rights, simply by sending a written enquiry to Bayview Italia s.r.l. at the address listed above or an email enquiry to firstname.lastname@example.org.
8. Questions & Complaints
If you have any questions regarding this Notice or the use of your personal information, please contact Bayview Italia at the following address: email@example.com.
If you believe that the processing carried out by Bayview Italia violates the GDPR, or you have any complaint that is not resolved by Bayview Italia, you may contact the Italian Garante della Privacy in accordance with the modalities specified at: www.garanteprivacy.it/home/diritti/come-agire-per-tutelare-i-tuoi-dati-personali.
9. Data Protection Officer
Bayview Italia S.r.l., inform you that, in compliance with art. 37 of the GDPR, on May 14, 2018 it has appointed Ms. Francesca Boffa as Data Protection Officer, who you can contact at the email address firstname.lastname@example.org.
The DPO will be available any time to support and advise you.