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Learn More ×Themis Portfolio Management Limited (hereinafter referred to as “The Company”, “we”) is a Servicing Real Estate management and loan asset management company that operates in Cyprus , subject to the licence and supervision of the Central Bank of Cyprus. The provision of these services largely depends on the processing of large amount of information, including personal data.
The Company respects the privacy of all physical persons whose personal data are processed by the Company. This Privacy Policy has been prepared for and addressed to our customers, employees, vendors, partners and all other interested parties such as obligors (i.e. borrowers, security providers, guarantors and their respective representatives) that may be affected and whose personal data may be processed by The Company.
We encourage you to read this Privacy Policy which sets out important details about how your personal data are processed by The Company in accordance with Data Protection Law, including but not limited to the EU General Data Protection Regulation 2016/679 (“GDPR”), the Cyprus Data Protection legislation 125(I)2018 and the Cyprus legislation governing the electronic communications and postal services 112(I)2004.
The Company is the data controller of personal data for certain categories of data subjects such as employees and external contractors and other collaborators of the Company, as well as for our real estate operations). In practice this means that we are responsible for determining the purpose and the means of processing of your personal data. Equally importantly, the Company is a Data Processor in relation to the access and processing of personal data of our customers’ obligors. In the latter case we rely on the Data Controllers (specifically the owners of the loan portfolios) to have identified a valid legal basis for the processing we conduct on their behalf and for informing us when changes to such legal bases become necessary or an enacted by them.
For any queries or concerns relating to privacy, or to exercise any of the rights listed in section 11 of this Policy, please contact our Data Protection Officer (“DPO”) dpo@themispm.com.
In relation to your personal data, our privacy management framework is designed to ensure that such personal data are:
We process various categories of personal data including, but not limited to the following:
# | Business Relationship | Types of Personal Data we Process | Legal Bases |
1 | Corporate Obligors |
We process the personal data listed below, in the context of the Loan agreement to which the Corporate Obligor is a party in whichever capacity (borrower, guarantor or security provider). Such personal data may relate to the Ultimate Beneficial Owner(s), Directors and Officers, employees and legal representatives of the legal person, as well as other physical persons responsible for the interaction with the Company’s
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Contract Consent (for special categories of personal data in accordance with Art.9 of the GDPR) |
2 | Obligors (borrowers, security providers, guarantors) – Physical Persons |
The following personal data are processed in the context of the Loan Agreement between the Obligor and the owners of the loan portfolios, especially in the context of identifying a mutually agreeable solution and loan restructurings:
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Contract
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3 | Real Estate Bidders and Interested Buyers |
The Company executes promotional and sales processes on behalf of real estate asset owners, and as a facilitator for direct property sales. In this context, the Company acts as an independent Data Controller and in this capacity processes the following personal data:
Physical and legal persons are hereby notified that the information they provide to the Company in the context of an expression of interest to acquire a property (or the conclusion of a contract to acquire such a property) shall be shared with the owners of the property being sold by the Company on behalf of the owner. |
Contract
Consent (for special categories of personal data in accordance with Art.9 of the GDPR)
Legislation for those personal data which are stipulated by legal or regulatory obligations (e.g. AML Law)
Consent for marketing communications relating to properties of interest
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4 | Property Tenants |
Certain properties which are managed by the Company on behalf of the property’s owners, are leased or rented out to physical or legal persons. In those cases, the Company conducts processing in relation to the following personal data (in cases of legal persons, of the physical persons acting on their behalf):
Physical and legal persons are hereby notified that the information processed by the Company may be shared with external 3rd parties who may be acting as independent Data Controllers (e.g. companies providing Facilities Management services for the building in which the property leased / rented out, belongs) or Data sub-processors to the Company, for example technicians offering maintenance services to the rented property. In the former case, the responsibility for adherence to applicable privacy legislation rests with the respective 3rd party acting as a Data Controller, whereas in the latter, that responsibility remains with the Company. |
Contract |
5 | Employees |
“Master Data” [full name, ID, Social Security number, address, marital status, children, age, gender, personal emails] “Recruitment Data” [academic records, experience, previous employers, references] Evaluation & Performance Information [salary, appraisals, promotions, disciplinary data, complaints and resulting investigations, appeals against HR decisions] Occupational data [languages, special skills, driver license] Operational data [sales, locations of travel, training records, leave of absence, timesheets / arrival and departure times, passports and IDs in support of business travel arrangements] Financial data [payroll, payroll-related, life insurance details, family status, bank account details] |
Contract |
6 | Applicants |
CV information, including:
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Contract
Consent (for special categories of personal data in accordance with Art.9 of the GDPR)
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7 | Website Users and Visitors |
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Consent
Legitimate Interest (for browsing the site)
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8 | Visitors |
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Legitimate Interest |
We collect personal data about you in a variety of ways. As mentioned above, most of your personal data we process were collected from your original creditor (i.e. your Bank or other Credit Institution). We may also require the collection of additional data directly from you for the purpose of providing our Services.
Furthermore, we may collect data about you from third parties, such as the Artemis Data Registries, other credit reference agencies as well as public authorities such as the Land Registry, the Registrar of Companies, the Central Bank, or any third party with which you have entered into an agreement to represent you in any proceedings or other aspects which affect your relationship with The Company in any manner.
The Company may process your personal data as described below on the basis of at least one of the legal grounds under GDPR Article 6 (1) and the conditions provided under GDPR Articles 9(2) and 10.
The Company relies on the following legal bases when processing your personal data:
As described above, most of your personal data have been collected by The Company as a result of the portfolio transfer from your original creditor to The Company, either at the time of the transfer or subsequently, based on The Company’s own data collection and privacy management procedures.
However, we may require the collection of additional information from you when necessary to provide our services as described in this Privacy Policy. If you refuse to provide such necessary personal data or if you decide to withdraw your explicit consent for processing of special categories of data (see section 5 above), it is highly likely that we will not be able to provide our services to you. As per our policies, we shall seek to point this out in the respective privacy notices where relevant.
Pursuant to our contractual, statutory and regulatory obligations we may share your personal data with various organisations/companies, such as debt collection agencies, credit reference agencies, fraud detection/prevention agencies, our legal advisors, credit reference or other agencies as required, in order to facilitate the restructuring or management of your loans by The Company. In addition, public authorities (e.g. the tax authorities) or other supervisory or regulatory and / or law enforcement authorities (e.g. The Unit for Combating Money Laundering (MOKAS), the Police, or the Central Bank of Cyprus) may become recipients of your personal data as required under applicable law.
There may be instances where we may need to allow access to or disclosure of your data to our service providers, such as our legal advisors, property valuers, bailiffs, licensed private investigators, IT consultants, etc..
At The Company we take all reasonable and necessary steps (either by a direct agreement in accordance with GDPR Art. 28 or by other legally binding arrangements) to ensure that our service providers (data processors) that process personal data on behalf of The Company comply with Data Protection Law and our instructions regarding the processing of your personal data.
GDPR imposes obligations to Data Controllers and Data Processors which in several cases are dependent upon consistent implementation of relevant measures and controls across their own operations as well as those of their Data Processors. Our policy is to process personal data with due regard to the security, privacy and protection of the data we receive, store and process.
This privacy policy explains the types of such technical and organizational measures that we employ so as to enhance the level of protection of personal data that we process. These measures the key ones of which are outlined below, are designed to maximise the control over privacy in accordance to GDPR and have the objective of providing a level of security that is appropriate to the related risks.
Our Policy is not to transfer personal data to organisations located outside of the European Economic Area. In cases where a transfer to third countries which are not subject to an adequacy decision by the European Commission is necessary, such transfer will only be carried out in accordance with the required safeguards under Chapter V of the GDPR and the respective provisions of the Cyprus Data Protection Law, including but not limited to the EU approved standard contractual clauses or other safeguards under GDPR Article 49.
The Company shall only process your personal data for the period necessary to fulfil the purposes described in this Privacy Policy, in accordance with applicable law and the guidelines issued from time to time by the Data Protection Commissioner’s Office. We will securely delete or destroy your personal data within defined periods following the end of the business relationship you have with The Company or with a customer of The Company of which you act as a representative, officer, beneficial owner, guarantor or collateral provider. Please note that in the case of a pending judicial process and a legal, financial or technical issue in progress, the relevant personal data will be retained until the final judgment is given or a solution is reached. At that point, the retention periods of our policies shall come into effect.
You have the following rights under GDPR with regards to the processing of your personal data:
You also have the following rights in certain circumstances:
Please note that some of the rights mentioned above are not absolute. They are subject to exceptions under GDPR and applicable depending on the legal basis we rely on in each case.
You may request to exercise your rights by sending an email to dpo@themispm.com.
We endeavour to respond to requests within 30 days, although we reserve the right to extend this period to two additional months when the requests require a disproportionate effort. Before assessing any request, The Company will request a valid ID from the data subject and the 30 day time limit shall commence upon confirmation of your identity.
In cases where significant changes have been made regarding the processing of your personal data, we will inform you accordingly and update this Privacy Policy. This version of the Policy has been approved for issue on June 26th 2023.
This Privacy Policy does not alter in any way other than explicitly defined herein, the obligations and responsibilities of The Company or its customers, employees, vendors or partners, all of which are governed by the respective contracts (where applicable) and related arrangements between The Company and each of those customers, employees, vendors or partners.
# | Term | Definition |
1. | Personal Data |
Also referred to as “personally identifiable information (or “PII”), personal data is any information relating to an identified or identifiable living natural person (the “data subject”) |
2. | Legal Basis of Processing |
The basis on which the processing of personal data may be based and may be one of the following:
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3. | Legitimate Interest |
Our lawful interests in conducting and managing our business to enable us to give you the best services and / or products and secure and private by design experience. In choosing to perform personal data processing under the legal basis of legitimate interest, we seek to ensure that we consider and balance any potential impact on you (both positive and negative) and your rights before doing so. As a general principle, we do not use your personal information 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). |
4. | Data Controller | The natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of personal data. |
5. | Data Processor | A natural or legal person, public authority, agency or any other body which processes personal data on behalf of a Data Controller. |
6. | Data Protection Officer | A Data Protection Officer (or “DPO”) is a security leadership role required by the GDPR. The DPO is responsible for (a) overseeing data protection strategy and implementation within an organization; (b) ensuring compliance with GDPR requirements; (c) the provision of advice to the Data Controller or the Data Processor and their staff in relation to personal data processing; and (d) to cooperate with Data Protection Authorities and supervisory bodies in all privacy and data protection matters. |
7. | Cross-border Transfers | Transfers of personal data outside the European Economic Area in physical and / or electronic form |