BENKER
PLLC
DATA
PRIVACY POLICY
Version
3.0
Release date: 15.09.2023
Like most website operators, Benker
(GDPR Data Recipient and Controller) collects data about visitors to our Website at benker.io (Website) and our mobile application.
This helps us understand how useful the Website and the application are and how
to improve them. We also process personal data (i.e.: to send newsletters and
analyse interest in our services). Our data collection practices are governed
by this Data Privacy Policy (Policy), which tells you what data we collect, how
we use that data and who has access to that data.
You will also find important information
about your privacy rights, so please read the Policy carefully.
This Policy may at any time be amended
if the scope of processing or our processing practices change. You are required
to acquaint yourself with the Policy every time it is updated.
Data Controller
BENKER UAB, company code 305084126,
address Lvivo g. 25-702, LT-09320 Vilnius, Lithuania.
(Benker, we or us) is the controller of your personal data. You can contact us
by email at hello@benker.io.
1. INFORMATION WE COLLECT AND HOW WE USE
IT
In this Policy, “personal data” is
defined as any information relating to an identified or identifiable natural
person.
1.1. Newsletters
When you register at our Website to receive our newsletter, we collect your name,
country of residence, and e-mail address. We process this data for the purposes
of sending you correspondence with information about Benker, our services,
related news and other information that we consider
may be of interest to you. We also use the collected data to analyse interest
in our services based on demographical and geographical attributes.
Legal basis to collect and process this
personal data is your consent.
1.2. Inquiries and answers
When you contact us with an enquiry via
the contacts available at our Website we will process
your contact details and content of your message to respond to your enquiry.
Legal basis to collect and process this
personal data is our legitimate interest to respond to enquiries about us and
our services.
1.3. Cookies
When you browse our Website,
we collect and process certain personal data via use of cookies. Please read
our Cookie Policy for additional information here: http://data.benker.io/cookie-policy.pdf
In cases specified in BENKER’s AML
policy’s “Application of enhanced due diligence”
section, BENKER shall perform enhanced due diligence on Customer, where
additional information is obtained by BENKER, such as, but not limited to the
following:
·
information
about the Customer and the Beneficiary;
·
information
about the proposed nature of the business relationship;
·
information
about the sources of funds and the sources of wealth of the Customer and the Beneficiary;
·
information
about the causes of any planned or executed monetary operations or transactions.
1.5. Mobile application and Web client
a)
Information
while signing up:
·
personal
details: your name, birth details (date, place, name, mother name)
·
contact
details: your home address, email address and phone number
·
identification
document: type of document, issue date, document number and issuing country
·
photograph
b)
Information
from mobile application usage:
·
details
about payments to and from your BENKER account
c)
Information
about the mobile device:
·
technical
information: device type, device name, IP address, device ID and operating
system, so we can analyse how our app works and fix any problems
2. WHO MAY SEE YOUR DATA
We put our best efforts to keep your
data safe and always require the highest level of security and confidentiality
from our employees, partners and group companies,
which are subjects which we may share your data with.
We may share your personal data with our
trusted services providers when they provide services to us or to you on behalf
of us and under our instructions. This may include, for example, providers of
IT solutions and cloud services. We will control and shall remain
responsible for the use of your personal data at all times.
Your personal data may be disclosed to
public authorities if we are required to disclose personal data by law or to
comply with a lawful request of authorities.
If we are ever involved in a corporate
transaction, for example if our shares are bought by third parties, we may
transfer your personal data to investors or potential investors, as well as
other recipients involved in the relevant transaction.
3. HOW LONG WE KEEP YOUR DATA
Your personal data collected when you
register to receive newsletter will be processed until you withdraw your
consent (unsubscribe).
Personal data related to your inquiries
will be stored for up to 2 years.
In order to properly provide financial
services, your personal data is stored for a longer period of time in
accordance with the requirements of applicable legal acts as well as if
personal data needs to be stored to protect our legitimate interests or those
of any third parties, e.g. in the event of a legal
dispute. The term of storage of Your personal data may be additionally extended
for up to 2 years upon a reasoned instruction of a competent authority.
Our most common time limits for the
storage of Your personal data are listed below:
·
personal
data necessary for the provision of Our services to You/Your represented legal
entity and fulfilment of our commitments and obligations arising out of our GTC
for the Provision of services we will keep all for all the period of business
relationships with You and for the below indicated periods from their termination;
·
copies
of client identity verification documents, beneficial ownership identification
data, direct video transmission (live video broadcast records), other
information obtained during verification of client identity will be retained
for at least 8 years from the date of business relationship termination
(according to the applicable legislation, storage time may be extended for
further period on reasonable order from competent authority, however not
exceeding 2 years);
·
business
communication with a client (including correspondence and recordings of phone
conversations) will be retained for at least 5 years since the termination of
business relationship, if is related to the fulfilment of money laundering and
terrorist financing prevention requirements. (according
to the applicable legislation, storage time may be extended for further period
on reasonable order from competent authority, however not exceeding 2 years).
However, if there is a justified need to retain a specific recording for a
longer period, this may be reviewed by the director in conjunction with the
Data Protection Officer;
·
documents
and data confirming/justifying validity of monetary operations and
transactions, other legally valid and relevant information/documentation will
be retained for at least 8 years since the execution of monetary operation or
conclusion of the transaction (according to the applicable legislation, storage
time may be extended for further period on reasonable order from competent
authority, however not exceeding 2 years);
·
for
data to prove the fulfilment of our obligations we will keep the general
limitation period for the requirement, in accordance with the regulatory
enactments for limitation periods of claims, for example, depending on the
specific circumstances of the situation, may be applied a limitation period of
10 years established in the Civil Code of the Republic of Lithuania, also
taking into account the time limits for submitting claims, set out in the Code
of Civil Procedure of the Republic of Lithuania;
·
video
surveillance records, other than those listed above, will be retained 30 days
from the date from recording thereof (video surveillance records,
in case certain data is issued to investigation bodies/officers and used
for investigation of an offensive action according to the procedure of the
applicable law, may be stored for longer period, specified by the relevant
regulatory enactments).
Personal data related to application
usage may be stored. We continuously process the data from the conclusion of
the contract to the termination of the contract.
We
store the data during the contract and 1 year after the termination thereof. More
can be found in BENKER’s GTC.
See Cookie Policy to find out how long
cookies are stored on your device.
4. WHERE WE KEEP YOUR DATA
We only store personal data on our own
servers, which we have built in AMAZON AWS.
Our organization is committed to
ensuring the proper protection of personal data, therefore we only store data
on servers operated in EEA countries.
5 THIRD PARTY SERVICE PROVIDERS AS DATA
PROCESSORS
To ensure the highest level of financial
service and to meet regulatory requirements, the following listed activities
are provided to our clients by providing services provided by market
participants who can guarantee adequate security for the high quality of the
financial service, so that appropriate security measures are also in place for
the processing of personal data.
We work with the following service
providers:
TPL – Our BIN Sponsor
IDENFY – Our KYC service provider
TRIBE – Our Open Banking Service
provider
THALES – Our CARD Producer
SEON – Our transaction monitoring and
fraud detection provider
AMAZON – Our cloud computing service
provider
MONGODB – Our database service provider
BRANCH – Our deep linking service
provider
FIREBASE – Our crash analytics service
provider
IBAN.COM – Our IBAN validation and
calculation service provider
JIRA – Our software development tool service provider
6. YOUR RIGHTS
By contacting us at hello@benker.io you
may exercise your rights as the data subject, including the following:
·
the
right to request access to your personal data. You may access, correct, update,
change or remove your personal data at any time. However, please note that
certain information is strictly necessary in order to
fulfil the purposes defined in this Policy and may also be required by law.
Thus, you may not remove such personal data.
·
The
right to request rectification of your personal data.
·
The
right to request erasure of your personal data. If personal data is erased
under your request, we will only retain such copies of the information as are
necessary for us to protect our or third parties’ legitimate interests, comply
with governmental orders, resolve disputes, troubleshoot problems, or enforce
any agreement you have entered into with us..
·
The
right to withdraw consent regarding processing of personal data.
·
The
right to data portability.
In some cases
you may have a right to request restriction of processing of your personal data
or to object to processing of your personal data. If you think there is a
problem with the way we are handling your personal data, you have a right to
file in a complaint to your national data protection authority in the EU/EEA.
Data Protection Officer:
·
email
address: dpo@benker.io
·
phone
number: +36 70 6287426
Vilnius, 15.09.2023