Privacy Policy

Themis Portfolio Management Limited (“Themis”, the “Company”, “we”) is a Servicing, Real Estate management and asset management company that operates in Cyprus. It is a subsidiary of Themis Portfolio Management Holdings Ltd, a credit acquiring company that operates in Cyprus subject to the licence and supervision of the Central Bank of Cyprus pursuant to the Sale of Credit Facilities and Related Matters Laws of 2015, as amended subject to the licence and supervision of the Central Bank of Cyprus pursuant to the Sale of Credit Facilities and Related Matters Laws of 2015, as amended.

The provision of Themis’ Services largely depends on the processing of large amount of information, including personal data.

Themis respects the privacy of all physical persons whose personal data are processed by the Themis. This Privacy Policy is therefore addressed to a) the Themis’s website users, and b) the Themis’s customers, namely security collateral providers, borrowers, their guarantors and their representatives, beneficial owners or other officers of borrower companies or other related individuals (“data subjects”, “you”) whose personal data may be processed and as required in the course of providing its Asset Management Services. As part of our normal operations, we may process personal data of the directors and employees of our Service Providers and other trade vendors, recruitment candidates, members of our Board of Directors and other advisors and onsite visitors and guests.

We encourage you to read this Privacy Policy which sets out important details about how your personal data are processed by Themis 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.

1. Themis’s role and details

Themis is the data controller of your personal data, which means that we are responsible for determining the purpose and the means of processing of your personal data.

Our contact and DPO details are as follows:

dpo@themispm.com

+357 22255333

2. Data protection principles

In relation to your personal data, we will seek to ensure that the data are:

• processed fairly, lawfully and in a transparent way (“lawfulness, fairness, transparency”).
• processed only for specific and defined purposes that we consider necessary in the course of providing our services (“purpose limitation”).
• relevant, adequate and limited to what is necessary in relation to the purposes for which they are processed (“data minimisation”).
• accurate, and up to date (“data accuracy”).
• kept for only as long as we need them for the purposes for which the data are processed (“storage limitation”).
• processed in a way that is designed to ensure they will not be lost, destroyed, used for purposes that you are not aware of, or otherwise processed in an unlawful or unauthorised manner (“integrity and confidentiality”).

3. Categories of personal data we process

We hold and process various categories of personal data about you which we have collected from your former creditor or directly from you, including, but not limited to the following:

Identity and contact details, such as: full name, address, email address, phone number, date of birth, ID, nationality, gender, marital status, employment history, details about dependants;

Financial/banking information, such as: income and expenses, property ownership, bank account details, debts, investments, house financing data, property evaluation data, securities, insurance data,

Special categories of data, such as: health related data or other sensitive information included in supporting documents provided to your previous creditor or to Themis.

Criminal conviction data, financial sanctions or other related information we collect directly from you or your former creditor.

CCTV footage may also be recorded, when you visit our offices.

4. Sources

We collect personal data about you in a variety of ways. As mentioned above, most of your personal data were collected by Themis from your former creditor (i.e. your Bank or other Credit Institutions). 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 Themis in any manner.

5. Legal basis for processing your data

Themis 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.

Themis relies on the following legal bases when processing your personal data:

• The processing may be subject to your specific, informed and unambiguous consent, for example when using analytical, performance or other non-essential cookies on our website, or when processing your personal data for direct marketing purposes (“Consent”, GDPR Art. 6 (1) (a)).
• The processing is necessary in order to perform a contract we have with you or perform the agreement by virtue of which you as a debtor were originally granted the credit facilities. Alternatively, in order to take steps at your request prior to entering into a contract (“Contractual Obligation”, GDPR Art. 6 (1) (b)).
• The processing is necessary as a result of applicable legislation and regulatory frameworks, including the laws that govern Credit Facilities and other legal and/or regulatory obligations to which Themis is subject to, such as reporting, compliance, verification and other required activities which involve the processing of personal data. These obligations also include strict and specific statutory requirements under Tax and Anti-money laundering law as well other directives issued from time to time by the Central Bank of Cyprus (“Legal Obligation”, GDPR Art. 6 (1) (c)).
• The processing is necessary for the purpose of pursuing and safeguarding our legitimate interests, provided that those interests are not overridden by your rights and freedoms. These include occasions where it may be necessary to disclose your personal data to our subcontractors who are responsible for the security of our systems, assets and business operations, as well as to other third parties, such as credit reference agencies or any other relevant organisations, in order to facilitate the restructuring or management of your loans by Themis. In addition, we will rely on this legal basis if deemed necessary for the initiation of legal proceedings (“legitimate interest”, GDPR Article 6 (1) (f)).
• The processing of special categories of data (see section 3) is necessary for the purposes of assessing your ability to meet your financial obligations. This processing activity is based on your explicit consent, whether you have provided such consent to your previous creditor (upon which the Themis may be relied as the new loan owner Themis) or directly to Themis at the time of disclosing supporting documents with regard to your potential ability to meet your financial obligations. (“Explicit consent”, GDPR Art. 9 (2) (a)). We may also process special categories of data if deemed necessary for the establishment, exercise or defence of legal claims (GDPR Art. 9 (2) (f)).
• The processing of previous convictions or other offences may be processed when necessary for the purpose of conducting necessary due diligence and in order to comply with Themis’s obligations under Anti-money laundering or other related legislation or regulation (GDPR Art. 10 (1)).

6. What happens if you do not provide your personal data to Themis

As described above, most of your personal data have been collected by Themis as a result of the portfolio transfer from your original creditor to Themis, either at the time of the transfer or subsequently, based on Themis’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 assess your financial situation accurately or help identify a satisfactory solution in relation to your loan (or loans to which you are a party).

7. Sharing your personal data

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 Themis. In addition, public authorities (e.g. the tax authorities) or other supervisory or regulatory authorities (e.g. The Unit for Combating Money Laundering (MOKAS) 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, IT consultants, etc..

At Themis 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 Themis comply with Data Protection Law and our instructions regarding the processing of your personal data.

8. Technical & Organisational Measures

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.

• As part of our overall data protection framework, Themis has appointed a Data Protection Officer (DPO), in accordance with the requirements of GDPR. Our DPO can be contacted at dpo@themispm.com.
• All our personnel, including service agents and / or relationships managers and handlers periodically observe GDPR-specific awareness sessions so as to maintain the currency of their understanding of GDPR and how it may impact our various operations that affect personal data we process.
• We seek to ensure that 3rd parties who support Themis operations or systems or who are otherwise involved in our personal data processing operations, have and operate necessary technical and organizational measures for protecting the security and privacy of personal data.
• Our Incident Response Management, and Breach Notification procedures are designed to include escalation of identified incidents to our Data Protection Officer, who is authorized and experienced to involve related executives when such incidents involve personal data of one or more of Themis affected entities and / or persons.
• Our internal policies stipulate that cross-border data transfers of personal information to which we have access and / or process during any customer engagement, are not allowed. If such cross-border data transfers are or become necessary, we shall seek to ensure that a valid lawful basis for such transfers evidently exists, in accordance with GDPR.
• Our recruitment and ongoing personnel training and development, as well as the evaluation and disciplinary processes we operate, are designed to promote and maintain a high standard of professional ethics and competency at all levels of Themis, which is in line with industry standards and our professional and legal responsibilities.
• In addition, Themis operates several complementary technical and organisational measures, designed to protect the privacy of personal information that we collect, store and process. Such measures include logical access controls and user rights management with the objective of minimising access to personal (and other Themis) information and data, only to authorised Themis personnel. We also utilise user access credentials management with enforced frequent changes, password complexity and maximum / minimum lengths, restrictions on reuse of same passwords, etc., complemented by a structured process for periodic review and confirmation of continued business need to such personal data.
• Furthermore, Themis uses purpose-specific technologies and tools (such as firewalls, intrusion prevention, mail security gateways, sandboxing technologies, etc.), all designed to monitor and manage the security of its electronic perimeter. Themis also has in place an active and ongoing patch management program across security, server and endpoint devices for addressing newly released threats, and benefits from the use of endpoint malware protection at laptop, servers and desktop level. Finally, we also utilize technologies that deliver encryption for data in motion and at rest to protect against privacy risks in cases of hardware theft or loss.

9. Data transfers

Our Policy is not to transfer personal data to organisations located outside of the European Economic Area. In cases where the transfer is made to third countries which are not subject to an adequacy decision by the European Commission, 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.

10. Retention of data

Themis 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 10 years after the end of the business relationship you have with Themis or with a customer of Themis 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.

11. Your data subject rights

You have the following rights under GDPR with regards to the processing of your personal data:

• the right to be informed about how we process your data (“right to be informed”).
• the right to access your personal data and request a copy of the data we hold and process about you (“right of access”).
• the right to request us to update or correct any inaccurate or incomplete personal (“right to rectification”).
• the right to withdraw your consent. The withdrawal shall not affect the lawfulness of processing based on consent before it was withdrawn by you.
• the right to lodge a complaint with the supervisory authority (Office of the Commissioner for the Protection of Personal Data: http://www.dataprotection.gov.cy, commissioner@dataprotection.gov.cy).

You also have the following rights in certain circumstances:

• the right to have your data deleted where there is no longer a lawful reason for us to continue processing them (“right to erasure”).
• the right to restrict the processing of the data, if for example the data are not accurate. (“right to restriction”).
• the right to receive your personal data in a structured, commonly used and machine-readable format, and have your personal data transferred to another data controller (“right to data portability”).
• the right to object to the processing of your personal data, especially in situations where we rely on our legitimate interests (“right to object”).
• the right not to be subject to automated decision-making and profiling of personal data which may significantly affect your rights.

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, Themis will request a valid ID from the data subject.

12. Updates to this Privacy Policy

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 14th 2021.

13. Other Important Information

This Privacy Policy does not alter in any way other than explicitly defined herein, the obligations and responsibilities of Themis or its customers, employees, vendors or partners, all of which are governed by the respective contracts (where applicable) and related arrangements between Themis and each of those customers, employees, vendors or partners.

14. Glossary & Useful Definitions