“Fondi BESA” Sh.A ,is entitled to exercise any property right and related rights on this Website. The Fondi BESA Website provides information and data on banking and financial services offered and executed by Fondi BESA in its daily banking activity; achievements; projected strategy; financial performance, etc.
Fondi BESA hereby authorizes you (hereinafter “the users”) to use the Fondi BESA Website based on your consent and commitment to comply with the following conditions:
Although Fondi BESA objective is to provide the users with correct, up-to-date information and data on its Website, and it considers the data and information published in its Website as reliable, Fondi BESA does not assume any liability toward you (users) regarding the accuracy, completeness and up-to-date ness of the information and data presented.
The information and data released on Fondi BESA Website is of informative and not binding nature. Unless otherwise clearly provided, the information and data published in the Fondi BESA Website shall not be considered as a legal act designated to establish a legal relation between Fondi BESA and the users. Consequently, the data and information published in the Website shall not be considered as an offer, recommendation, or invitation to offer. Fondi BESA shall not be held liable for any injuries (financial loss, damages for losses or lost income etc) incurred by the use in whatever form and for whatever purpose, of Fondi BESA Website. Fondi BESA reserves the right to determine, issue and amend conditions regulating use of the Fondi BESA Website. Any intervention in the technical substance or content, without prior written approval of Fondi BESA , is strictly forbidden. All materials published or presented in Fondi BESA Website, including logos, images, press releases, documents etc, are the property of Fondi BESA . Consequently, such materials may not be copied, reproduced, downloaded, modified, transferred, and used in other websites without the prior written approval of Fondi BESA .
MEASURES OF SAFETY FOR THE PERSONAL DATA
Fondi BESA enforces strictly the law No. 9887 dated 10.03.2008 “For the protection of personal data” amended, by undertaking all necessary appropriate organizational and technical measures to protect the personal data of its customers and associates against unlawful destruction, accidents, loss, unauthorized usage, as well as any illegal elaboration that can be done to personal data.
Fondi BESA has designed a series of internal regulatory documents to ensure the safety of personal data of its customers and employees, such as:
– Regulation “On the protection, conservation and safety of personal data”,
– Instruction “On the collection and processing of personal data and establishment of CCTV system”,
– Instruction “For the disposal and storage of documents held by the controller in the head office and regional branches”.
A-Fondi BESA takes these safety measures to protect the personal data that elaborates:
a)defines the functions and authorizes the use of personal data in accordance with the functional duties of the staff;
b)the use of the data is done by order of the organizational units or authorized persons;
c)instructs the operators, without exception, about their liabilities in accordance with the legislation in forceand the internal regulations for data protection, including the regulations for the safety of data;
d)prohibits the entry of unauthorized persons in the premises of the controller or a data processor;
e)the entry into data and programs is done only by authorized persons;
f)prohibits the entry in the filing system and its use by unauthorized persons;
g)the installationof the equipment for the data processing is done only by authorization and every tool is ensured with preventive measures against unauthorized installation;
h)records and documents the modifications, corrections, deletions, transmissions etc.
In any case the documented data at Fondi BESA are not used for other purposes, different from the purpose of theircollection. The acquaintance or processing of the recorded data in the files, for a purpose other than the right to register the data within the scope of Fondi BESA’s activity, is prohibited. This rule shall not be applied, when the data is used for the prevention or prosecution of a criminal offense. The documentation of the data is kept by Fondi BESA for as long as it is necessary for the purpose for which it was collected. The level of security is in compliance with the nature of the processing of personal data. Fondi BESA during the collection and processing of personal data gives a special importance to the “Principle of Confidentiality”. Controllers, processors and persons who come to know the processed data, while exercising their functions, are obliged to maintain the confidentiality and credibility.
B-Legal criteria for the processing of personal data
The personal data is processed only in cases provided as follows:
a) If personal data subject has given its consent;
b) In the case of the development and implementation of contracts, in which the personal data subject is a party;
c) In the case of protection of vital interests of the data subject;
d) If there is an obligation to comply with a legal interest of Fondi BESA ;
e) In the case of performing a legal duty with public interest or exercising of a power of the controller or a third party, to which the data are distributed;
f) For the pursuit of the legitimate interests of Fondi BESA or of a third party of which the data are distributed, except where such interests prevail over the interests of protecting the rights and fundamental freedoms of the data subject.
Fondi BESA collects and processes the personal data only of those customers and/or third parties with whom it enters into relationship, because of its activity for which it is licensed by the Bank of Albania, or/and to meet its needs as commercial legal person. All organizational measures that Fondi BESA undertakes for the treatment of personal data, intended to guarantee the prevention, transmission, processing, modification, loss or unauthorized and illegal interference to these data.
The personal data collected by Fondi BESA are stored for a 5 years period from the time of completion of the financial relationship.The processing of clients data on the judicial status is permissible only if the client has given his consent.
C-The personal data are processed fairly and lawfully
In practice this means that:
- There should exist legitimate reasons for the collection and use of the personal data;
- The personal information should not be used in ways that are unjustified and have negative effects on the individuals concerned;
- All the necessary transparency about how these data will be used shuould be provided, as well as the individuals should be notified before the collection of their personal data;
- The personal data on individuals shoud only be taken in a reasonable way;
- The person should be ensured that his personal data will not be used for any unlawful purpose.
D-What is meant by fair processing of personal data?
The processing of the personal data must above all be fair and fulfill the appropriate conditions of data processing. “Processing” means collection, use, disclosure, retention, correction, deletion, transmission, the international transfer of the personal data and their destruction, so any aspect of processing that is unfair, would be a violation of the first principle of the protection of the personal data.
The principle of fair processing generally requires necessarily being transparent, clear and open about the ways thatthe individual’s information will be used. Transparency is always important, but especially in a situation where individuals can chose if they want to enter into a relationship with Fondi BESA or not.
The assessment of whether the information is being processed fairly or not depends partly on the way that it is received. The Law on the protection of personal data stipulates that the collected information should be treated fairly, if it is provided by a person who is authorized to provide it.
E-What do we understand by the term “lawful”?
This is another term which is projected as a criterion of collecting and processing the personal data, in the law on the personal data protection, as a law on which Fondi BESA relies for the collection and processing of the personal data of its customers. Processing can be illegal if the results are as follows:
- The faith in the assignment is violated. Such a assignment can be said or it may be implied from an information contentor because it was collected in circumstances where this information is expected;
- Overcoming of legal competences;
- Violation of a binding contractual agreement;
- Violation of specific legislation or regulations;
- Violations of the European Convention of Human Rights;
F-Which data processes Fondi BESA ?
Fondi BESA processes the personal data of its customers (borrowers and / or loan seekers) data which is made available by the client by his free and full will when applying for a loan, that include name, address, home phone number, mobile number, e-mail, data on movable or tangible assets that will serve as collateral, personal data on the guarantor as well as any another information within the object of the exercise of its normal activity.
G-Data processing and their spread
Fondi BESA collects data declared by the customers themselves in order to provide a qualitative assessment for the clientsas well as to respond better to their demands. These data givesBes Fund the opportunity to develop its activity normally, to provide equality and fairness in the treatment of any client, to respond to each client fairly and lawfully with its services.
The personal data that Fondi BESA collects from its customers,is used always in accordance with the legislation in force.
- The personal data are processed in an honest, fair and lawful way.
- The personal data is processed only for that period of time that consists with the specific purposes for which these data are collected from Fondi BESA .
- All methods for collecting the personal data, (eg. Clientapplication forms or collection through participation in various competitions) attached will have a full clarifying information about the purpose of the meeting, even if it is secondary and not easily understandable by you (eg in cases of different competitions, if the collection of personal data is for marketing purposes, then it will become clear and it will be given the opportunity to refuse the provision of data).
H-Storage of the data
- Personal data shall be stored for as long as it is necessary according to the primary purposes of their collection;
- The terms of data storage will be in full compliance with the applicable legal framework.
- In some cases, some of the data that principally is not stored by Fondi BESA , can be saved due to special circumstances such asjudicial investigation.
The personal data of the customers can be stored even for the purpose of prosecutorial bodies and court’s activities for penal matters, according to the legislation in question.
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