Privacy Policy

1. General terms

 
AS Fuxion Access Marketplace, registration number 40103903643, registered under the laws of the Republic of Latvia, with its legal address: Skanstes iela 50, Riga LV-1013, Latvia, the investment firm authorised by Latvijas Banka, the central bank of Latvia (hereinafter – LB), (hereinafter – Fuxion Access) has developed this Privacy Policy to inform persons visiting and registering on Fuxion Access website www.fuxionaccess.com (hereinafter – Platform) and Fuxion Access Application (hereinafter – Fuxion Access App) as its users, including representative of the user, if the user is a legal entity (hereinafter – User) and who use the services provided by Fuxion Access via the Platform and Fuxion Access App (hereinafter – Services), on the collection, use and transfer of their personal data to third parties.
 
If you have any questions regarding the Privacy Policy of Fuxion Access or if you wish to obtain additional information on how to exercise the rights specified herein, you can contact Fuxion Access Data Protection Officer Dace Pelše by writing an email to dpo@fuxionaccess.com. Additional contact information is available on the Platform. 
 
Fuxion Access strives to ensure appropriate technical and organizational measures to protect the User’s data and to provide transparent data protection rules. This Privacy Policy outlines the data processing activities carried out by Fuxion Access in respect to Users who are natural persons.
 
The personal data processing activities carried out by Fuxion Access can be described not only in this Privacy Policy but also in the General Terms and Conditions of the Platform, the User Agreement (hereinafter – Agreement), Assignment Agreement and the Cookies section of the Privacy Policy.
 
The terms used in the Privacy Policy conform to the terms used in the Agreement insofar as the Privacy Policy does not specify otherwise.

2. Categories of the User’s personal data

Fuxion Access processes several categories of the User’s personal data from the User and other third parties: 

• identification data such as - the User’s first name and surname, middle name, gender, date of birth, place of birth, personal identity number, place of tax residence, tax ID, investor’s ID number, information form identity document, copy of an identity document, a photograph of the User's profile and a video recording of the verification session; 
• contact data such as - the User’s residence address or address for communication purposes, postal address, country of residence, email address and phone number, language of communication
• financial data such as – monthly salary and other regular or irregular income, financial liabilities, source/origin of income (funds), data about transactions, property, bank account;
• occupation (employment) data such as – data about employer / previous employer, occupation, position grade, area of work, working experience, education;
• correspondence records such as -  the User’s communication with Fuxion Access through the Platform via live chat, via email and/or by phone, or other tools which could be introduced, as well as information from surveys and polls (type, date, tracking ID);
• location data such as – IP address, login place, transaction place;
• family data such as marital status, dependants and / or family members;
• special category data (data about criminal convictions, legal capacity (in special cases));
• Other data:

1. risk profiling and classification (risk type, risk class) and other information gained from risk assessment-based activities;
2. voice and / or video recording data such as phone voice recordings;
3. data concerning the applicability of any sanctions, including data regarding any relevant business dealings or activities, including any adverse media coverage that is available;
4. data about the participation in companies and other types of legal entities, data about managers and other persons having decisive votes or representatives of the companies using or intending to use Services, as well as their ultimate beneficiary owners’ information and contact details of the representatives of the companies using or intending to use the Services.
5. information on the purpose and intended nature of the business relationship, investment objectives;
6. information on the User's knowledge and experience in investment services
7. Transaction data, including the User’s invested funds, investments, transactions, incoming payments, claimed disbursements of money, information regarding the concluded assignment agreements, net annual return, selected currency, available funds, accountancy accounts;

Fuxion Access does not process sensitive data related to the User’s health, ethnicity, religious or political beliefs unless required by law or in specific circumstances where, for example, the User reveals such data while using the Services (e.g. in payments details).

3. Cookies

Fuxion Access uses cookies to analyse how the User uses Fuxion Access website. Please read the Cookies Policy for more information about cookies.

4. Legal basis and purposes of processing personal data

Fuxion Access must have a legal basis for using the User’s personal data. The legal basis are one of the following:

4.1 Performance of agreements

Fuxion Access must have certain personal data to provide the Services and it cannot provide them without the User’s personal data.
The main purpose of the processing of the User’s data by Fuxion Access is to document, execute and administer agreements with the User.
Examples of purposes for processing include, but are not limited to:

• to take steps at the request of the User prior to entering into an agreement, as well as to conclude, execute and terminate an agreement with the User;
• to conduct national and international transactions via credit institutions, settlement and payment systems; 
• for managing client relations, providing and administering access to the Services; to authorize and control access to the Services. 

4.2. Legal obligations

 In order to fulfil legal obligations under applicable regulations, Fuxion Access is required to process the User’s data in accordance with regulatory legislation and data protection legislation.
Examples of purposes for processing are: 

• before the User may use the Services on the Platform and Fuxion Access App and during the cooperation with the User under the Agreement, Fuxion Access performs the due diligence of the User, to verify the User’s identity and to keep the User’s data updated and correct by verifying and enriching data through external and internal registers;
• to prevent, discover, investigate and report money laundering, terrorist financing;
• to comply with rules and regulations related to accounting, tax information exchange and risk management; 
• to comply with laws governing investment brokerage services;

4.3. Legitimate interests

 Fuxion Access sometimes collects and uses the User’s personal data, or shares it with other organisations, because Fuxion Access has a legitimate reason to use it and this is reasonable when balanced against the User’s right to privacy.
 
Examples of purposes for processing are: 

• to provide to the User additional services, such as creating personalized offers; 
• to develop, examine and improve Fuxion Access business, the Services and the User experience by performing surveys, analyses, and/ or statistics;
• to organize campaigns for the User; 
• to protect the interests of the User and/or Fuxion Access or its employees;
• to manage the relationships with the User;
• to prevent, limit and investigate any misuse or unlawful use or disturbance of the services;
• to ensure adequate provisions of the Services, the safety of information within the Services, as well as to improve, develop and maintain technical systems and IT infrastructure;
• to establish, exercise and defend legal claims and to handle complaints.
• to send verification reminders to Users, who have not completed the verification process.

4.4. Consent

If the User signs up to Fuxion Access Services, and where allowed by law, Fuxion Access may contact the User by post, email and SMS text message with information about Fuxion Access and its group products, services, offers and promotions. We may use the personal data we have collected about the User in order to tailor Fuxion Access offers to User.
 
The User can adjust his/ her preferences, or inform Fuxion Access if the User doesn't want to receive any information regarding service, offer and promotions from Fuxion Access, at any time. Just use the privacy settings in User’ Profile, Fuxion Access App or click on the unsubscribe links on any marketing message Fuxion Access sends the User.
 
Fuxion Access will not pass the User’s details on to any organisations outside the Fuxion Access group of companies for their marketing purposes without the User’s permission. 

5. Manners of information collection

To ensure the provision of information and the Services, as well as to fulfil the obligations under applicable law, Fuxion Access collects information about the User in the following ways:
 

5.1. Directly from you as User or potential User:

5.1.1. Providing an opportunity to fill an application form on Platform or Fuxion Access app;
5.1.2. By means of online communication by phone, email, chat or other communication channels and/or technical tools;

5.2. In an automated way from you as User or potential User:

5.2.1. Technical information that may contain the IP address, device data, software data and similar data;
5.2.2. Social network information and content that may contain identification and social account data;
5.2.3. Cookies (for more information, please see the Cookies policy);

5.3. About you as the User from third parties:

5.3.1. Publicly available resources (social network, social media, public registers);
5.3.2. Spark and Accuity databases, fraud-prevention agencies or other databases;
5.3.3. Cooperation partners and affiliated companies of Fuxion Access.
 
Fuxion Access has rights to collect any other information in any other case not mentioned above, when the User has given Fuxion Access the consent or any other legal basis exist for collecting the necessary information.

6. Transfer of information to third parties

As part of Fuxion Access processing, Fuxion Access may share the User data with recipients such as authorities, Fuxion Access group companies, suppliers, payment service providers and business partners. Fuxion Access will not disclose more of the User’s personal data than is necessary for the purpose of disclosure and with respect to regulatory legislation and the data protection legislation.
 
Recipients may process the User personal data acting as data processors and/or as data controllers. When a recipient is processing the User’s personal data on its own behalf as a data controller, the recipient is responsible for providing information on such processing of the User’s personal data. Fuxion Access undertakes to guarantee appropriate technical and organizational security measures to ensure that the personal data processor upholds security standards that are not lower than the security standards set by Fuxion Access.
 

Fuxion Access discloses personal data to recipients such as:

• authorities, such as law enforcement agencies, bailiffs, notaries, tax authorities, supervisory authorities and Financial Intelligence Unit and any other authorized person, including administrators, which are involved in any restructuring process of the Lending Companies;
• third party, who is taking debt collection steps to recover debt from the User (such as debt collectors, lawyers, court bailiffs, insolvency administrators, etc.),
• to the parent company of Fuxion Access, its governing enterprise and any enterprises dependent on the governing enterprise, other companies or enterprises, which directly or indirectly have obtained a significant share in the share capital of Fuxion Access or in which Fuxion Access has obtained direct or indirect participation, insofar as such information is necessary for the performance of functions delegated to them;
• credit and financial institutions, correspondent banks, custodian banks, insurance providers and intermediaries of services, third parties participating in the trade execution, settlement and reporting cycle;
• financial and legal consultants, auditors or any other data processors of Fuxion Access , insofar as such information is necessary for the performance of functions delegated to them;
• providers of databases and registers, e.g. to credit registers, population registers, commercial registers, securities registers, or other register holding or intermediating the User’s data, debt collectors and bankruptcy, bailiffs, notaries or insolvency administrators;
• participants and/or parties related to domestic, European and international payments;
• persons and suppliers related to provision of the Services of Fuxion Access, such as providers of IT, telecommunications, payment intermediaries, credit institutions, hosting, archiving, postal services, etc;
• upon handing over (transferring) a Claim or Note.

 
Please be informed that the User data may be requested by the state authorities located in the countries where Fuxion Access offers its services, including countries outside the EU/ EEA. In all such cases Fuxion Access evaluates the request and assesses whether the provided reasoning for the disclosure of the User’s data is substantiated, the requested data amount is proportional and whether the correct channels have been used to request the disclosure of the User’s data. Unless prohibited by law, Fuxion Access will inform the User about receiving a request to disclose the particular User’s data.

7. Geographical area of processing

Fuxion Access and our cooperation partners mainly process the User’s personal data within the European Union/ European Economic Area (hereinafter – EU/ EEA), but in some cases, personal data is transferred to and processed in countries outside of the EU/EEA. The transfer and Processing of Personal Data outside the EU/EEA can take place provided there is a legal basis and one of the following conditions: 

• the country outside the EU/EEA, where the recipient is located, has an adequate level of data protection as decided by the EU Commission;
• the controller or processor has provided appropriate safeguards, for example, the EU Standard Contractual Clauses or other authorized contractual clauses, approved codes of conduct or certification mechanisms;
• there are derogations for specific situations applicable, for example, the User’s explicit consent, performance of a contract with the User, conclusion or performance of a contract concluded in the interest of the User, establishment, exercise or defense of legal claims, important reasons of public interest. Upon request, the User can receive further details on his/ her data transfers to countries outside the EU/EEA. 

8. Profiling and Automated decisions about the User

Profiling is the segmentation of a User, by evaluating the personal aspects relating to a natural person, in order to apply a relevant service model or tailored marketing offers or perform risk assessment for anti-money laundering purposes.
Depending on Fuxion Access products or services the User uses, Fuxion Access may make automated decisions about the User.
 
This means that Fuxion Access may use technology that can evaluate the User’s personal circumstances and other factors to predict risks or outcomes. Fuxion Access does this for the efficient running of our services and to ensure decisions are fair, consistent and based on the right information.
 
Fuxion Access uses profiling to prepare analyses for direct marketing purposes, profiling supports automated decision-making such as  risk management and for transaction monitoring to counter fraud, including automated collection of data from databases and making preliminary assessments and conclusions whether the User is eligible for Fuxion Access Services, taking into account the relevant laws and regulations that apply to Fuxion Access and our internal procedures.
 
Where Fuxion Access makes an automated decision about the User, he/ she/ it has the right to ask that it is manually reviewed by a person. More information about this can be found in the “User rights” section below.
 
For example, Fuxion Access may make automated decisions about the User that relate to: 
Opening Investment Account:

• anti-money laundering and sanctions checks; and
• identity and address checks. 

Detecting fraud:

• monitoring the User’s Profile, including Investment Account, to detect fraud and financial crime.

9. Where and how Fuxion Access stores your information

The data that Fuxion Access collects from the User is transferred to and stored at a destination inside the EEA. All information the User provides to Fuxion Access is stored securely on Fuxion Access servers or servers of its partners. The information is encrypted.
 
Fuxion Access undertakes to do everything necessary, as far as possible, to protect the User's data in case of sending and receiving, offering to upload documents in a secure way.
 
The access to the User's personal information within Fuxion Access is limited to only those employees who have a good business reason to access or know this information. This is achieved through both technical solutions and physical access rights, as well as proper training and education of Fuxion Access employees who have built appropriate safeguards.

10. Length of retention of information

All User related information, including information that is stored in the User's Profile/ Investment Account and all communications with Fuxion Access, is stored as evidence confirming the identity of the User, conclusion of the Agreement, transactions made and fulfilment of the Agreement, and, is kept until the fulfilment of the Agreement, the data is no longer necessary to provide Services, the data storage timeframe or limitation period for legal proceedings established by the laws and regulations of the Republic of Latvia expires, or whichever occurs later. Below is a summary of some key considerations on how long each category of information is kept.
 
Fuxion Access will stop actively using any personal identifiable information about the User within 1 (one) month from the moment after the User’s and Fuxion Access business relationships end in accordance with the Agreement. 
 
Fuxion Access will generally keep the User's personal data for 10 (ten) years after Fuxion Access business relationship with the User ends, in accordance with the Agreement or for such period as may be required by applicable local laws.  The personal data must be retained for at least 5 (five) years according to the Law on Prevention of Money Laundering and Terrorist Financing. The personal data is retained for another 5 (five) years on the basis of legal interests of Fuxion Access according to the ordinary limitation period of a potential or ongoing court claim or another legal reason.

11. User rights related to personal data

Fuxion Access respects User’s rights to access, manage and control the personal data that Fuxion Access processes. Once Fuxion Access receives a request from the  User’s to exercise any of the rights listed below, Fuxion Access will review the User’s request and provide a response without undue delay and in any event within one month of receipt of the request. According to the data protection legislation this time period may be extended if the User’s request is complex or if due to the amount of received requests Fuxion Access cannot prepare a reply within the previously set time limit. In this case Fuxion Access informs the User about the extension of the time limit for preparing a reply to the User’s request and indicates the specific term for preparing a reply.

If the User wishes to exercise any of the rights listed below, they can submit a request in one of the following ways:

• By email to dpo@fuxionaccess.com;
• By request form;
• By signed request to Skanstes iela 50, Riga, LV-1013, Latvia. 

An authorized person can submit a request on behalf of the User, provided that a valid power of attorney is enclosed with the request.
 
Fuxion Access reserves the right to request additional information from the User in order to verify the identity of the person, who has sent the request, and to protect the User’s data from being disclosed to unauthorized persons, as well as to request signed request with secure e-signature or with handwritten signature for verification and security purposes. If the User or Fuxion Access has terminated the Agreement and is not able to identify data subject via User’s Profile, Fuxion Access has the right to request identification of the person before any personal data disclosure, based on such request.
The User has the right to access the personal data free of charge. However, if the User’s requests are manifestly unfounded or excessive, Fuxion Access retains the right to charge a reasonable fee or to refuse to act on the request.
Below is a summary of User’s specific rights.

11.1. Right of access

The User is entitled to receive information on whether or not Fuxion Access processes the User’s personal data, and, if Fuxion Access processes said personal data, and to request a copy of the User’s personal data undergoing processing.
 

• The User has the right to obtain the following information:
• purposes of the processing;
• categories of personal data being processed;
• personal data recipients or categories of such recipients;
• length of time the data will be stored (or criteria for determining the period);
• User’s rights in connection to the data processing;
• available information on the data source (if the personal data was not obtained from the User);
• existence of automated decision-making.

11.2. Right to rectification, to the extent possible

The User is entitled to request Fuxion Access to rectify the User’s inaccurate or incorrect personal data, as described in the User Agreement. Fuxion Access also provides the User with the option to rectify data in the Investment Account, however, not all data may be rectified through this channel. Fuxion Access will need to verify that the amended data is true and accurate.

11.3. Right to erasure, to the extent possible

The User is entitled to request Fuxion Access to erase the User’s data. This right can be exercised if one of the following grounds apply:

• purposes of the processing have been reached;
• personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
• User withdraws the given consent;
• User objects to the processing;
• personal data has been unlawfully processed;
• personal data has to be erased for compliance with a legal obligation.

 
Fuxion Access reserves the right to reject the request to erase the User’s personal data if there is a legitimate legal ground for doing so, for example, to comply with a legal obligation which requires processing, to establish, exercise or defend legal claims, or for statistical purposes, providing appropriate technical and organizational security measures. 

11.4. Right to the restriction of processing

The User is entitled to request Fuxion Access to restrict processing if one of the following grounds apply:

• the User contests the accuracy of the personal data, for a period that enables Fuxion Access to verify the accuracy of the personal data;
• processing is unlawful, and the User requests restriction opposed to the erasure of the personal data;
• Fuxion Access no longer needs the User’s personal data, but the personal data is necessary for the User to establish, exercise or defend legal claims;
• the User has objected to processing, pending the verification, whether the legitimate grounds for processing of Fuxion Access override those of the User.

 
Upon restricting the processing of the User’s personal data, Fuxion Access will only process the User’s personal data after receiving consent from the User, or for the establishment, exercise or defence of legal claims, or for the protection of the rights of another natural or legal person, or for reasons of important public interest. This does not apply to storing personal data.

11.5. Right to object to the processing of personal data

The User is entitled to object to the personal data processing activities concerning direct marketing or which are based on Fuxion Access legitimate interests but given the basis of the User’s particular situation they want to object to processing on this ground.

11.6. Right to data portability, to the extent possible

The User is entitled to request Fuxion Access to receive and transfer the User’s personal data to the User or another data controller. The User can exercise this right insofar as the data has been provided by the User based on consent or a contract and the processing is carried out by automated means.
 
This right also applies to raw data that has been provided by the User, relates to the User’s activities or results from observation of the User, for example but not limited to, activity logs, history of website usage. However, this does not apply to data that Fuxion Access creates, for example but not limited to, User profiles created by analyzing the raw data, risk assessments to comply with anti-money laundering rules.

11.7. Right to withdraw consent

The User is entitled to withdraw previously given consent at any time via the User’s Profile, Fuxion Access App or to unsubscribe from the newsletter. However, this will not affect the lawfulness of any processing carried out before the User withdraws his/ her/ its consent. This right applies to receiving commercial notices and overviews from Fuxion Access.
 
For withdrawing consent regarding cookies please visit the Privacy Policy  and Cookies section.

11.8. Right to submit a complaint to the national personal data protection authority

In case of any uncertainty related to the User's personal data, the User is welcome to contact Fuxion Access and the User will be provided with an answer or to find a solution for his/ her/ its issue. However, if the User believes Fuxion Access cannot find the solution, the User is entitled to submit a complaint to the national personal data protection authority regarding data processing activities conducted by Fuxion Access.
 
The contact information of the national personal data protection authority of the Republic of Latvia:
 
Data State Inspectorate, Elijas iela 17, Latgales priekšpilsēta, Rīga, LV-1050, phone: +371 67223131, email: info@dvi.gov.lv.

11.9. Right to contact Fuxion Access and obtain additional information on the processing of personal data.

The User is entitled to contact Fuxion Access at any time and obtain additional information regarding personal data processing activities.

12. Fuxion Access is committed to keeping the User's personal data safe and secure

Fuxion Access works diligently to protect the User’s personal data and: 

• employs several physical and electronic safeguards to keep the User’s information safe;
• stores all its data on servers in secure facilities, and implements systematic processes and procedures for securing and storing data;
• limits access to User’s personal data to only those employees with authorized access who need to know information in order to perform their jobs;
• requires third parties who perform services for Fuxion Access to agree to keep the User’s personal data confidential;
• continues to protect personal data after the Agreement termination;
• provides its employees with necessary training for data protection and security purposes. 

13. Changes in the Privacy Policy

Fuxion Access has the right to make changes to the Privacy Policy at any time by posting them on the Platform, and by informing the Users individually by sending them an email. Any version of the Privacy Policy that is published on the Platform replaces all previous versions of the Policy and takes effect immediately upon posting or from the effective date as indicated.
 
Original version: 13.04.2015
Site updated: 19.08.2021