PROTECTION – PRIVACY NOTICE REGARDING PERSONAL DATA PROCESSING
conducting its business, B2K Kapital S.r.l. (“B2K”), headquarter
in Rome, Via Mario Bianchini 60, P.IVA 14189581003,
a receivables purchasing and debt collection entity, processes personal data
that concern you. 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. This privacy notice
other words, 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.
What is personal data?
is personal data if it refers to an identified or at least identifiable person;
a person can be identified if additional information can be obtained without
excessive effort to identify it.
Who owns personal data we process?
processes the personal data of the persons having a contractual relationship
with us (e.g. based on Assignment agreement, that based on B2K became new
creditor) / or are about to be in a contractual relationship with us, as well
as the data of those persons who visit the B2K website or our locations or
communicate with us via call centre. These categories of people can include
debtors, buyers, bidders, external suppliers and employees. B2K 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 Individuals whose personal data are processed are „Data subjects”.
By way of exception, B2K may also process information relating to persons whose
personal data are provided by persons we are in a contractual relationship
with, 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 do we collect your personal data?
By fully complying with the applicable legislation, B2K may collect your
- Financial-banking institutions with which you signed loan agreements, and
which are assigning their claim rights to B2.
- 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 debt collecting activity.
- Persons empowered to communicate with us in your behalf,
- Public institutions and authorities or other persons or entities which
perform a service of public interest (such as:
- 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 perform the assess
the reimbursement of the claim. By external sources we understand: public
institutions and authorities, public registers, electronic databases,
information available in social media and the internet, or authorized
third-party possessing such information.
- When you access the B2K website, there are automatically created records of
your visit. 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.it
When we collect information about you from other sources, we collect them
from sources that are publicly available (social media sites, public registers)
or made available by third parties. Even in these cases, we take your rights
into account. Here are some of these situations:
- We cannot reach you and we need to update your data, so to ensure the
accuracy of your personal data;
- We need these data for fraud prevention and anti-money laundering purposes,
or there are legal requirements to collect certain data.
data do we process?
data that we are processing may include:
data such as: name, birthday, nationality, personal identification number
(PIN), data registered within ID documents, place of birth, domicile address,
such as: correspondence address; phone number; email address.
your financial and/or professional status, such as: job/profession; the nature
of your own activity; the 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, currency, costs); information on the debt collection
situation (e.g. payment plan, costs, records of balances).
from the video recording if you visit the B2K locations and record of call
centre, to the extent of the applicable legal provisions;
other data subjects who are party(s) of the agreement representing the source
of the claim managed by B2K (e.g. guarantors / heirs / spouse or husband)
administrative or judicial proceedings in which you are involved, to the extent
that they are related to the claims owned or managed by B2K and/or may
influence the collection of such claims (e.g. enforcement, personal bankruptcy,
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
is the subject of the evidence of all interactions between you and B2K through
correspondence or communications between you and us.
that you have provided us so that we can adjust for you debt repayment
solutions that take into account your individual circumstances, your interests
and rights and your ability to repay debt.
data mentioned or included in the initial contract or in the documentation
related to debt or guarantee that is 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).
information derived from the processing of personal data by B2K which are
necessary to conduct the business for the purposes mentioned below, such as for
example the segmentation of the managed claims portfolio; the unique identifier
assigned at B2K level for each individual debtor.
For what purpose
are we processing your personal data?
processing your data only to the extent that this data is related and/or may
influence the claim collection process and in connection to the establishment,
exercise or defend of B2’s claims 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 including the following:
financial status and the income sources, so to be able to identify repayment
conditions for the debts fitting your individual situation.
communication with you and proper identification of the data subjects.
necessary legal and judicial procedures for the debts recovery (e.g. legal
enforcement, personal bankruptcy, 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
answering to your questions, complaints and requests.
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 or participation to an auction),
including checks to identify, prevent and combat the money laundering,
terrorism financing and fraud.
analysis to assess the company’s activity and the managed claim portfolios, as
well as the necessity to improve the collection methodology.
requests of public authorities or fulfilling legal requirements applicable to
purposes to competent authorities, according to regulatory provisions, as well
as financial & accounting purposes, economical/financial and administrative
purposes within B2.
We mention that
your personal data may sometimes be used by B2K for certain secondary purposes
(for example internal reporting and internal management, external audit,
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 B2K
What is the legal ground for your personal data processing?
Meeting the legal obligations applicable to B2K or public interest (e.g.
consumer protection legislation, civil law, tax and accounting laws,
legislation on prevention and combating money laundering and terrorism
Performance of the agreement in which you are a signatory, which is the
source of the claim respect of which B2K holds the status of creditor.
Make the necessary steps and diligence, at your request, with a view to
concluding a sale or purchase contract with B2.
The legitimate interest of B2, its affiliated companies on behalf of
which B2K provides services, which may concern:
Professional assistance in 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 of acquisition of 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 business strategy, development and
improvement of collection methodologies.
Fraud prevention and asset protection, as well as ensuring a high level
of information and physical security.
Establishing and/or exercising or defending company rights in court.
Your consent, in some situations when it has been granted to us.
How do we use your personal data?
data processing means performing operations such as: collecting, registering,
organizing, structuring, storing, modifying / updating, retrieving, consulting,
using, transmitting, aligning, disclosing, sharing, restricting, deleting,
destroying, archiving personal data. In order to fulfil the above-mentioned
use tools that are not fully automated (human intervention is required) to
establish the reimbursement / evaluation / forecast of receivables. This 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 information, 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
comply with legal obligations, including the reporting ones, arising from
national and European regulations (e.g. prevention of money laundering and
terrorist financing, obligations deriving 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 cannot contact you, in order to comply with the principle of data accuracy,
we will do our best to permanently update your personal data on the basis of
information obtained from official sources (e.g. trade registry, court portal;
official information of public interest issued by public authorities) or from
free or private public sources (internet / social networks / public databases /
databases provided by contractual partners of the company);
use your data to carry out functional activities to perform asset recovery
related to the properties ensuring our claims.
also use your data to carry out internal statistical analysis to evaluate the
efficiency and improvement of debt collection methodologies.
process and analyse your complaints, requests for exercising your privacy
rights and any other requests you address to us.
inform you about the 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 collection process.
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 with B2?
believes that the security of your personal data is very important and, in this
regard, ensures the adoption 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 B2, following an appropriate
assessment and who have previously accepted their confidentiality obligations.
Who are recipients of your data?
the normal course of business, B2K may transfer your data to other individuals
or entities to achieve the purposes for which we process the personal data you
have directly transmitted to us or were obtained from other sources. B2K can
also use or disclose personal data when it has a legal obligation or is
permitted by law to do so.
are several examples of situations when B2K may transfer your personal data:
can provide data to the to the creditors from whom B2K has acquired claims.
the B2Holding Group, of which B2K is a part, we can transfer your personal data
to other subsidiaries or companies in countries that are part of the European
Economic Area. Your personal data may also be transferred to a country which is
not a member of the European Economic Area, in the absence of an adequacy
decision from the European Commission, including to: Serbia and Bosnia and
Herzegovina. Risks related to transferring your personal data to a country not
ensuring an adequate level of protection are mitigated by the Company, by
implementing appropriate safeguards in the form of executing Data transfer
agreement with standard contractual clauses for the transfer of personal data
from the Community to third countries, of
which you may obtain a copy after contacting the Data Protection Officer, in
accordance with the details presented below.
contractual partners – we can transfer your personal data to our partners with
the aim to improve the debt collection services.
of claim rights – We may transfer your personal data to other natural or legal
persons to whom the B2K assigning their claims.
authorities – if required by a 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.
public authorities – we may provide your personal data to respond certain legal
requirements or to third parties justifying a legitimate interest (e.g. public notary, courts of law).
to your request – there may be situations in which you require us to transfer
your data to a Representative or Empowered acting in your name and on your
account (for example, financial consultants, lawyers, mediators).
to other third parties – we may transfer your personal data to other entities
outside our Group, that are not public entities, such as:
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.)
that provide us with maintenance and support, so to be able to operate
collection services in optimal and safe conditions. For example: vendors who
develop / implement or manage IT applications and infrastructure, archiving
companies, courier / postal service providers delivering various notifications,
printing companies, companies that manage the security systems implemented to
ensure confidentiality / integrity and availability of your data, etc.
who provide us with assistance in carrying out legal procedures such as
enforcement proceeding, insolvency proceeding or other debt collection
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
How long we store and process your personal data?
personal data will be processed by B2K for the time strictly necessary for the
purposes of processing, which may vary depending on the purpose of the data
being used. Thus, B2K will process your data throughout the claim collection
process and store it for a period of five years from the time the debt is
transferred to another creditor and / or after the full recovery of the claim,
unless the law stipulates otherwise. When the claim is settled after the
conducting enforcement proceeding, personal data will be stored for time period
of at least 10 years, unless the law stipulates otherwise.
In the case of data processed for accounting purposes, your data will be
stored for a minimum time period of 11 years, respectively, in accordance with
statutory accounting regulations. The retention period of the data resulting
from the video recording if you visit the B2K locations and records of
telephone call from call centre, is 90 days.
What are your rights and how can you exercise them?
can exercise at any time the following rights, within the limits and with the
observance of the conditions provided by the applicable legislation in the
field of personal data protection:
Right to be informed
– You benefit from the right to information and therefore you may request at
any time information and details on how we process your personal data, which we
will provide you verbally or in writing through the channels requested by you.
Right of access to your data – You may at any time request the access to your personal data held by
B2K 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 B2,
the purposes, the grounds and the conditions of the processing.
Right to the data rectification – You can ask us 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 object to
the processing of your personal data based on the legitimate interest of the
B2K to the processing carried out in the public interest.
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 oppose 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 B2K 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 (“right to be forgotten”) – You may ask us to delete your personal data that we process, and we
will do 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,
on the ground of your express consent or for the performance of a contract
between you and B2, you may request us to provide you such data in a
structured, and automatically readable format, which you may send to another
data controller, or you may request us to send the data directly to that data
controller (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.
these rights can be exercised by submitting to us a written request in this
regard, to the contact details listed below and we will respond you within 30
calendar days or, if the request requires a more complex analysis, this
deadline may be extended by another 60 calendar days, in which case we will
inform you accordingly, also by providing you the reasons for the extension. If
you are addressing your request electronically, we will also provide you with
the information in electronic format, if possible, or through another format or
channel requested by you. B2K 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.
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
Italian Personal Data Protection Agency, www.garanteprivacy.it
Contact details regarding personal data protection
you have any questions or requests regarding your rights described above,
please contact us:
Address: B2K KAPITAL S.r.l., Via Mario Bianchini 60, 00142 Roma, tel: + 39 06 51963964
Protection Officer: E-mail: email@example.com