SIA “LANDE Platform”
This policy is applicable to any User of the Portal and Services and any person, who has expressed the interest in using any services provided by LANDE.
1. OUR ROLE AND JOINT CONTROLLERSHIP
1.1 Generally, when you use our Services, access the Portal, our website or contact us, we are the data controller.
1.2 As payment processing on the Portal is carried out exclusively by Lemonway (registration number 500 486 915, registered address 8, rue du Sentier - 75002 Paris, France) (hereinafter – Lemonway), to begin using the Services, the Users are required to open a Payment Account with Lemonway pursuant to Lemonway’s terms. For this purpose, we act as a joint controller together with Lemonway. We cooperate to enable Users to use payment services on our Portal in relation to the use of Services. In essence, our joint controllership agreement states that:
1.2.1 we collect and jointly process your personal data for the following purposes:
188.8.131.52 the opening and management of your payment account and processing payments in relation to the Services;
184.108.40.206 compliance with the legal obligations relating to the anti-money laundering and combating the financing of terrorism, for example, verify that our Users are not sanctioned persons, do not cooperate with such persons or are part of an investigation of relevant authorities or considered as a politically exposed person, verify their source of income, etc. In essence, we collect Users’ personal data and share it with Lemonway, so that Lemonway is able to perform these checks in line with its internal due diligence procedure and open the payment account.
1.2.2 the requests to access personal data, exercise the right to data portability, limit or object to the processing of Users’ data in relation to these activities will be answered by either us or Lemonway, whoever receives the request. For this purpose, Users may contact the parties using the following e-mail addresses:
- Lemonway – [email protected];
- LANDE – [email protected].
Please note that further information about how Lemonway processes your personal data is available in Lemonway’s terms made available to you and concluded by and between you and Lemonway during the registration process with us in compliance with the procedure established on the Portal.
2. PURPOSE OF PERSONAL DATA PROCESSING AND LEGAL BASIS
We can process your personal data for various purposes and based on different legal grounds. Please note that we may process certain types of personal data for several purposes simultaneously. We may receive your data from both you and various external sources, such as public and private registries and other third parties.
2.1 Creating and maintaining User accounts
2.1.1 We will process certain personal data when you create an account on the Portal. During the creation of the account, we will process your e-mail address to create a unique user ID.
2.1.2 The legal basis for processing this personal data is the performance of our Services and taking steps prior to providing our Services to you.
2.2 Verification and identification of Users
2.2.1 To verify your identity when we start to provide Services to you and identify you later on, we require certain data, as set by the applicable legal norms or our internal rules. For this purpose we may process your full name, e-mail address, personal ID number, phone number, address, sex, date and place of birth, nationality and your identification document (passport or ID card, driving licence, insurance card) information. Additionally, we will ask for your status as a politically exposed person.
2.2.2 The legal basis for processing this personal data is the compliance with the applicable laws and regulations, which we are subject of and performance of the Services or taking steps prior to receiving the Services in accordance with our terms.
2.3 Complying with applicable legal obligations and carrying out due diligence
2.3.1 If you are a project owner, we will perform an internal due diligence procedure, as required by applicable laws, including requirements relating to the anti-money laundering and combating the financing of terrorism. For this purpose we may use process your full name, e-mail address, personal ID number, phone number, address, gender, date and place of birth, nationality, identification document (passport or ID card, driving licence, insurance card), your status as a politically exposed person, information about your criminal record, source of funds, any association with sanctions and information about your reputation in public sources (social media and news).
2.3.2 The legal basis for processing your personal data is the compliance with the applicable laws and regulations, which we are subject of and performance of the Services or taking steps prior to receiving the Services in accordance with our terms.
2.4 Knowledge test and simulation
2.4.1 To determine User’s level of knowledge, skills and previous experience necessary to use the Services and make adequate decisions in terms of investments, we will ask you to fill out a knowledge test and carry out an investment simulation. For this purpose we will process information on your previous investment experience, income, liabilities, education, professional experience and source of income.
2.4.2 The legal basis for processing this personal data is compliance with the applicable laws and regulations, which we are subject of and performance of the Services or taking steps prior to receiving the Services in accordance with our terms.
2.4.3 The results of the knowledge test and simulation will be used to determine if you understand the level of risk associated with investing in a project on our Portal and the ability to bear loss. The results are generated automatically and we may use profiling and automated decision making during this process.
2.5 Providing Services and processing payment data
2.5.1 Once the User account registration is complete and we have concluded the due diligence process, you will be able to start using the Services. When you use our Services, we will process certain data, which is also required to open your payment account with Lemonway. For this purpose we may process your full name, e-mail address, personal ID number, bank account statement and account details to ensure cash deposits and withdraws, send daily summaries and notices about deposits, etc.
2.5.2 The legal basis for processing this personal data is compliance with the applicable laws and regulations, which we are subject of and performance of the Services or taking steps prior to receiving the Services in accordance with our terms.
2.6 Marketing and promotional activities
2.6.1 If you have signed up to our newsletter or marketing information, we will process your e-mail address to send you our news and updates. For this purpose we will process your full name and e-mail address.
2.6.2 The legal basis for processing your information for this purpose is your consent. Please note that you have the right to withdraw your consent at any time, by clicking on the unsubscribe link in each e-mail footer, as well as by contacting us using the e-mail address provided in this Policy.
2.7 Providing support and communication with you
2.7.1 To provide our support, communicate with you and contact you in case there are any issues to be resolved in relation to our Services and the use of our Portal, or resolve any complaints we will process your name, e-mail address and/or phone number as well as any data related to your use of our Services.
2.7.2 The legal basis for processing of your data for this purpose is our legitimate interest to resolve any issues or misunderstandings, provide support and necessary information related to our Services and Portal.
2.8 Protecting our legal rights and interests, including debt collection
2.8.1 In certain cases, we may be required to process your personal data to pursue and defend our legal interests, such as to prevent fraud or attempted fraud, recover funds, carry out debt collection activities, prove your consent, resolve any disputes and conflicts, and raise and maintain legal claims. For this purpose, we may process your identification details (full name, date of birth, personal identify number, identification document details, e-mail address and other information, which may be required for this purpose, for example, information on your activities on the Portal or use of our Services.
2.8.2 The legal basis for processing of your data for this purpose is our legitimate interest to protect and defend our legal rights and interests as well as collect, assign or cede any debts.
2.9 Analysis of Portal data and improvement of our Services
2.9.1 To improve our Services and analyse how Users use our Portal, detect and fix any deficiencies, we may process certain analytical and statistical data, which may also include your personal information. For this purpose, we may process your account information (full name, e-mail address), the information generated during your use of our Services and Portal as well as your interaction and communication with us.
2.9.2 The legal basis for processing of your data for this purpose is our legitimate interest to analyse and improve our Services, study how Users use our Services and improve our business.
2.10 Monitoring and ensuring IT and network security
2.10.1 To ensure that our Services, Portal, website and other information systems are secured and adhere to the highest security standards, we are monitoring technical data obtained during the use of our information systems and checking for any deficiencies, as well as retaining certain data to analyse it in case of any breaches of security. For this purpose we may use information obtained from cookies, audit trails, metadata as well as your IP address and information on your device, browser and interaction with our Portal and website.
2.10.2 The legal basis for processing of this information is our legitimate interests to ensure safety and security of our Services and Portal and ensure our adherence to technical security requirements.
2.11 Cookies and web analytics
3. DATA RETENTION
3.1 We will process your personal data as long as:
3.1.1 one of the above-mentioned legal basis for data processing exists and there is a purpose for your data processing, for example, you are using our Services or your consent to certain data processing is valid;
3.1.2 we are required by applicable law to retain your personal data;
3.1.3 there is a need to pursue our legitimate interests, for example, raise and maintain legal claims, defend our rights.
3.2 When these conditions end, we will delete or anonymize your data.
4. SOURCE, TRANSFER AND SHARING OF YOUR DATA
4.1 Depending on the purpose of the data processing, we may receive your personal data from various sources:
4.1.1 from you when you create a User account or express the interest in our Services;
4.1.2 from third parties from whom we request information about you, when we carry out our internal assessment and due diligence (such as business registers, sanction lists, public registers such as the Office of Citizenship and Migration Affairs, public sources, etc.), or third-party service providers who can provide the necessary information.
4.2 To provide our Services, we need to share some of your personal data with third-party service providers (hereinafter – Service Providers) and other data recipients, for example:
4.2.1 Service Providers, who provide certain tools and systems, which are required to ensure our Services, such as IT and cyber security systems and services, data hosting and servers, e-mail and content delivery tools, marketing, accounting, legal and audit Service Providers;
4.2.2 public authorities and other institutions, as well as law enforcement authorities, tax administrations, supervisory authorities and, if necessary, debt collectors or other legal persons under assigned rights, courts, out-of-court dispute resolution bodies, bankruptcy or insolvency administrators.
4.3 In certain situations, we have a legal obligation to share your information with third parties to comply with legal requirements or requests, as well as to protect our, or a third party’s legal interests. We will also disclose your information to third parties to the extent allowed by applicable law, including:
4.3.1 to a prospective purchaser or purchaser that acquires all or substantially all of us or our business;
4.3.2 to a third party if we sell or buy any business or undergo a merger, in which case we may disclose your information to the prospective buyer of such business; and
4.3.3 to a third party if we partner with other companies or businesses, undergo a reorganization, bankruptcy, or liquidation, or otherwise undertake a business transaction or sell some or all our assets. In such transactions, your information may be among the transferred assets.
4.4 When we share your personal data with the Service Providers, we comply with the requirements of applicable personal data protection laws, namely:
4.4.1 we ensure that only minimally necessary personal data is transferred to a particular Service Provider;
4.4.2 we carry out a due diligence of the Service Provider, to ensure that an appropriate level of personal data protection will be ensured;
4.4.3 if the Service Provider acts as our processor of personal data, it may only process your data in accordance with our instructions and in accordance with a written agreement and may not use it for other purposes.
4.5 If any of the Service Providers are located outside the EU/EEA, we will share your data in accordance with the requirements set in the applicable personal data protection laws, including:
4.5.1 by entering into EU Standard Contractual Clauses or by using other appropriate grounds for data transfer provided by applicable Personal Data Protection Law such as codes of conduct and certifications,
4.5.2 cooperating with Service Providers located in country, which offers an adequate level of data protection in accordance with the European Commission adequacy decision.
5. PROFILING AND AUTOMATED DECISION MAKING
5.1 Profiling is the evaluation of natural persons (individuals) according to certain parameters, such as economic situation, preferences, knowledge level, experience, etc., to assign individuals to a pre-defined category based on this evaluation. Automated decision-making is the making of certain decisions by technical, automated means, using the information and data provided by the individual or the information obtained as a result of profiling.
5.2 LANDE uses profiling and automated decision-making during the assessment of your results of the knowledge test and simulation to ascertain that you understand the level of risk associated with investment on our Portal and offer the possibility to simulate your ability to bear loss. If the outcome of the assessment will indicate that certain investment possibilities are not suitable for you or may cause high financial risk, we will provide appropriate risk warnings. You as an investor may choose to proceed with the investment, disregarding the said risk warnings.
5.3 We review and amend our decision-making algorithms and underlying logic to avoid any assessment-related mistakes or errors. In case we have refused to provide you our Services, based on profiling or automated decision-making, you have the right to request that your results are reviewed manually. This right does not guarantee that the result of the assessment will be different.
5.4 Our profiling and automated decision-making is based on our legal obligation in relation to the anti-money laundering and combating the financing of terrorism as well as other legal requirements applicable to our Services and required for the use of our Services in accordance with our terms.
6. YOUR RIGHTS
6.1 According to applicable data protection laws and regulations, you as a data subject enjoy certain rights, which you may exercise by contacting us. These rights provide that you may:
6.1.1 request access to your personal data and ask for details on its processing;
6.1.2 correct incorrect or inaccurate data;
6.1.3 ask to delete your data. Please note that we will not be able to delete data that we are required to process and retain in accordance with applicable law or that may be necessary to defend our rights or bring a legal action if our rights have been infringed;
6.1.4 object to the processing of your personal data, which is based on our legitimate interests. In case of such an objection, we will no longer process your personal data unless, we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims;
6.1.5 request to receive your data to transfer it to another data controller, provided that this does not affect our legitimate interest in protecting our trade secrets or any other confidential information;
6.1.6 withdraw its consent to the processing of data based on prior consent. Consent can be revoked by using the unsubscribe option in our e-mail messages or SMS, sending an e-mail to [email protected], or calling our customer service centre. Withdrawal of your consent will not affect the lawfulness of processing based on consent before its withdrawal.
6.2 To exercise these rights, you can submit a written request to us by sending it to our e-mail address [email protected]. We will process the request within 30 days and provide you with an answer. When we receive your request for the exercise of your rights, we will verify your identity, evaluate the request and execute it in accordance with the applicable legal norms.
6.3 You can exercise these rights free of charge. However, if your requests are manifestly unfounded or excessive, LANDE retains the right to charge a reasonable fee or to refuse to act on the request.
6.4 Please note that you have the right to lodge a complaint with a supervisory authority – Data State Inspectorate of Latvia - [email protected].
7. CONTACT DETAILS
7.1 In case you have any questions in relation to how LANDE processes your personal data, you can contact us in one of the following ways:
7.1.1 by sending an electronic request to – [email protected];
7.1.2 by sending a signed request to - Riga, Roberta Hirša iela 1, LV-1045.