FLOA Bank Privacy policy

Version : 31/03/2023

The terms used in this privacy policy (the "Privacy Policy"), when capitalized, shall have the meaning given to them in article 1.

FLOA Bank places the respect of Your Personal Data at the center of its concerns.

Our Privacy Policy is intended to inform You in a clear, simple and transparent way about the Processing performed on the Personal Data You entrust to Us.

Specifically, We inform You about:

The Personal Data that We collect and process (article 2) ;
The way We collect Your Personal Data (article 3) ;
The purposes and legal basis of the Processing of Your Personal Data (article 4) ;
The possible transfers of Your Personal Data to a third country (article 5) ;
How long We keep Your Personal Data (article 6) ;
The recipients of Your Personal Data (article 7) ;
The modalities of the profiling made from Your Personal Data (article 8) ;
The security measures that We put in place to protect Your Personal Data (article 9) ;
The right You have regarding Your Personal Data (article 10) ;
Modalities regarding the installation of cookies and trackers on Your device and Processing of the Personal Data collected through them (article 11).

Our Privacy Policy may be modified, supplemented or updated at any time, in particular to comply with legal, regulatory, jurisprudential or technical developments. If applicable, Your Personal Data will be treated in accordance with the Privacy Policy in effect at the time of collection.

Additional information concerning the Processing of Your Personal Data by FLOA Bank may be communicated to You particular when You request a specific product and/or service.

1. Definitions:

The following capitalized terms will have the meanings as described below:

« FLOA Bank », « We », « Our/Ours », or «Us » means FLOA, called under its trade name «FLOA Bank », limited company with the capital of 72 297 200 euros, registered at RCS of Bordeaux under the registration number 434 130 423, whose head office is located 71, rue Lucien Faure – Bâtiment G7 – 33000 Bordeaux (France). FLOA Bank is under the ACPR authority control (Autorité de Contrôle Prudentiel et de Résolution), located 4 Place de Budapest, CS 92459 - 75436 Paris and registered at ORIAS (www.orias.fr) under the number 07 028 160.

« Personal Data » refers to any information related to an identified or identifiable natural person within the meaning of Data Protection Laws (hereafter « data subjects »). Some fields are marked with an asterisk when they relate to Personal Data necessary to achieve a specific purpose.

« Data Protection Laws » means together the Law of 30 July 2018 on the protection of natural persons with regard to the processing of personal data and Regulation (EU) (EU) 2016/679 of the European parliament and of the council of 27th of April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data («GDPR »), as well as any regulation relating to the Processing and/or protection of Personal Data in force or may come into force.

« Controller » refers to FLOA Bank, unless otherwise specified.

« Processing » (or « To Process ») refers to, in accordance with the article 4.2 of the GDPR, means any operation or set of operations performed upon personal data or sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or any other ways of making the data available, the alignment or combination, the restriction, the erasure or destruction.

« You», « Your » or « Yours » refer to the natural person concerned by the collect and the Processing made by FLOA Bank, person called “Data subject” within the meaning of Data Protection Laws. Data subjects are customers and prospects of FLOA Bank, and visitors of websites and applications edited by FLOA Bank.

2. What Personal Data Do We Collect and Process?

We undertake to collect and Process only the Personal Data necessary to achieve the purposes listed in article 4

These Personal Data include, but are not limited to:

The data related to Your identity. Examples: civility, surname, first names, address, telephone number (fixed and/or mobile), e-mail addresses, date of birth, identity document, photograph.
Your financial and banking information. Examples: bank account number, bank card number, expiry date of the bank card, banking establishment.
Your transaction data. Examples: file number, product(s) and/or service(s) requested/subscribed, amount and duration of funding.
Data related to the management of the business relationship. Examples: history of purchases and/or subscriptions, correspondence, exchanges, recordings of telephone calls.
Data relating to the repayment of Your financing. Examples: schedule, repayment incident.
Data necessary to carry out sales promotion activities.
Your opinions and comments. Examples: opinions concerning a product(s) and/or service(s) distributed by FLOA Bank
Data related to Your behavior, habits, and preferences.
Data related to Your requests to exercise Your rights, in accordance with article 10 of the Privacy Policy.

We do not collect any Personal Data related to Your racial or ethnic origins, political, religious or philosophical opinions, trade union membership, sexual orientation or sex life, or genetic data, unless required by law.

We inform You, if necessary, of the consequences of a refusal to disclose Your Personal Data. We inform You, for example, that refusing to provide Us with the Personal Data necessary about Your financial situation prevents Us from studying Your credit application.

3. How Do We Collect Your Personal Information?

The Personal Data that We process may have been provided directly by You (3.1) or collected indirectly from third parties (3.2), in accordance with Data Protection Laws.

3.1 Personal Data collected directly from You:

Within the framework and during the commercial, contractual and pre-contractual relations with You, We directly collect Your Personal Data in particular when:

You are visiting one of the websites or using one of the applications published by FLOA Bank or one of its partners ;
You create an account on one of the websites or applications published by FLOA Bank or one of its partners ;
You subscribe to one of the products and/or services distributed by FLOA Bank ;
You agree to receive Our commercial communications ;
You communicate them to Us voluntarily, in particular via collection forms, requests for information or surveys.

3.2 Personal Data collected indirectly, from third parties :

We indirectly collect Your Personal Data, in particular from:

From Our partners, in compliance with the Data Protection Laws and in accordance with the agreements made with these partners;
Third parties with whom You have subscribed to a product or service and/or whom You have authorized to communicate Your Personal Data to Us;
Entities making available to Us the files necessary for the provision of certain products or services, in accordance with applicable regulations;
Administrative or judicial authorities, when they publish Personal Data, in accordance with the applicable legislation.

4. What are the purposes of the Processing that We carry out and their legal bases?

Your Personal Data is processed by FLOA Bank for the following purposes:

4.1 Compliance with the legal and regulatory obligations of FLOA Bank :

We Process Your Personal Data to comply with our legal and regulatory obligations in the following cases:

Making declarations to authorized third parties, in particular to the State, administrative or judicial authorities;
Fight against money laundering and terrorist financing. These processes aim at setting up appropriate surveillance and the detection of operations that could constitute money laundering or terrorist financing;
Physical, logical and IT security of the FLOA Bank network and information system. This Processing allows Us to protect Your personal Data (examples: identification data, password, etc.) as well as Ours and Our entire information system. It allows Us, for example, to detect suspicious behaviors on the websites and applications that We publish, a massive connection, an extraction from Our databases, an attempt of fraud, etc.
Management of administrative and judicial procedures. Examples: : responses to the Dutch Data Protection Authority (Autoriteit Persoonsgegevens);
Management of the rights arising from the Data Protection Laws. This Processing allows Us to respond to the requests that You address to Us concerning the rights listed in article 10 of the Privacy Policy.

4.2 Execution of pre-contractual measures or a contract to which You are or wish to be a party:

We Process Your Personal Data for the purpose to carry out pre-contractual measures or a contract to which You are or wish to be a party in the following situations:

Credit granting and management. The purpose of this Processing is to collect, at the time of Your request, the Personal Data necessary for the study of Your file and, if necessary, for credit management (payment, reimbursement, etc.).
Evaluation of credit risk. To this end, when You make a credit request to FLOA Bank, We use automated Decision Support Processes based on information available to Us, particularly related to Your financial situation and/or based on scoring models. When You make a credit application, this Processing allows Us to study it and evaluate the statistical risk of default attached to You. If Your application is refused, You may ask Us to re-examine Your file and present Your observations, in particular on Your financial situation.
Establishment of proof of transactions. This Processing may consist of the recording of postal, electronic, chat and SMS correspondence between You and Us and the retention of all elements necessary to establish proof of transactions between You and Us.
Customer relationship management. This Processing allows, in particular, to provide information and assistance relating to the management operations of your account (e.g.: changes of contact details, status, retractions, etc.), to process postal, electronic, chat, SMS and telephone correspondence between You and Us, to manage disputes, litigation and complaints.
Management of payment incidents, unpaid bills and amicable or judicial recovery of any credit granted. This Processing allows Us to identify the sums that You owe, to manage Your possible unpaid debts and to approach You to recover them in an amicable or legal manner. If necessary, We may request the registration of information concerning You in the relevant files in the event of a payment incident occurring in the context of the reimbursement of credits.

4.3 Pursuit of the legitimate interests of FLOA Bank:

We Process Your Personal Data for the purpose of pursuing our legitimate interests in the following cases:

Prevention and fight against external fraud. This Processing ensures :

- The detection of acts carried out within the framework of activities presenting an anomaly, an inconsistency or having been reported as potentially fraudulent (e.g. communication of false proof of income or contradictory information);

- Management of external fraud alerts leading to checks, requests for explanations or additional supporting documents;

- Taking appropriate measures in the event of external fraud or attempted external fraud, after verification, including the creation of lists of persons duly identified as perpetrators of acts qualified as fraud.
Building of statistics and score models. In order to evaluate the credit risk and to optimize risk management, We build score models based on statistics, notably from data related to previously granted credit, Your Personal Data, and information related to payment incidents that may have occurred on Your account.
Prospecting and sales promotion, including through social networks. This Processing allows You to be informed of Our news (example: subscription to Our newsletter or to Our Facebook or Instagram page) as well as to receive Our offers by email, SMS, postal mail (according to Your choices). We draw Your attention to the fact that You may withdraw Your consent to this processing at any time in accordance with article 10 ;
Anonymization and aggregation of data in order to establish scoring models or statistics.

4.4 Other purposes pursued with Your consent:

On the basis of Your consent, We Process Your Personal Data for the following purposes:

Prospection and sales promotion, including through social networks. This Processing allows You to be informed of Our news (example: subscription to Our newsletter or to Our Facebook or Instagram page) as well as to receive Our offers by email, SMS, postal mail (according to Your choices). We draw Your attention to the fact that You may withdraw Your consent to this Processing at any time in accordance with article 10.
Personalization / optimization of the path and offers that are proposed to You on the websites and applications that We publish. This Processing allows Us to analyze Your browsing path, to know the searches that You have made, the products or services that We distribute and that are likely to interest You, in order to improve Your experience and Your satisfaction ;
Realization of statistics, surveys, satisfaction surveys and study of the results based of anonymized data, to increase Our knowledge about Our customers, about their use of the websites and applications published by FLOA, about the products and services that We distribute, and the relevance and performance of our promotional campaigns, with objective to improve Our customers experience and their satisfaction ;
Collection of customer opinions. The purpose of this Processing is to collect Your opinions concerning the products and services distributed by FLOA Bank and thus to improve Your experience and Our offer. Your opinions may be posted on Our websites and applications as well as on the websites and applications of our partners.

You will be informed of any Processing of Personal Data for purposes other than those listed above, and if necessary We will obtain Your consent to such Processing.

5. Are your Personal Data transferred outside the European Union?

In principle, Your Personal Data is processed within the European Union.

However, some of FLOA Bank 's service providers and banking agents, who assist Us in particular in the management and execution of Your request and, where applicable, Your contract, may be located outside the European Union. If this is the case, FLOA Bank ensures that this transfer is carried out in compliance with Data Protection Laws and guarantees an adequate level of protection of Your privacy and Your fundamental rights.

6. What are the retention periods We apply to Your Personal Data?

The retention periods for Your Personal Data are as follows:

If You are a client of FLOA Bank (a current contract binds You to FLOA Bank), Your Personal Data will be kept for a period of 5 years from the date of termination of Your contract and the closing of Your client account. Your contract is kept for 10 years, in accordance with our legal obligations ;
If You are a prospective client of FLOA Bank (no contract binds You to FLOA Bank), Your Personal Data will be kept for 3 years from the date of collection or from the last contact made by You.
If Your request for financing from Floa Bank is unsuccessful, Your Personal Data is kept for 6 months from the date of refusal of Your request by FLOA Bank.
Special case of fraud alerts and characterized frauds:

- In the event of a fraud alert: any external fraud alert that is not qualified within 12 months of its issuance shall be deleted without delay;

- In the event of serious fraud: data relating to serious fraud is kept for a maximum period of 5 years from the closing of the fraud file. Data relating to persons registered on a list of proven fraudsters are deleted after the 5-year period from the date of inclusion on the list.
Cookies and tracers: The methods for depositing cookies and other tracers are detailed in article 11.

When an administrative or judicial procedure is in progress, we keep the data until the end of the procedure. They are then archived in accordance with the applicable statutory limitation periods.

You will be informed of any Processing of Personal Data with a retention period other than those listed above.

7. Who are the recipients of Your Personal Data?

In order to achieve the purposes detailed in article 4, Your Personal Data may be transmitted:

to Our service providers, who perform services on Our behalf, including lawyers, bailiffs, auditing firms, etc. ;
to Our financial and commercial partners ;
to credit institutions bound by professional banking secrecy in accordance with the local regulation ;
subject to the conditions for the lifting of professional secrecy, to judicial, administrative, financial or other governmental authorities, in particular :

- the tax and customs authorities;

- Banco de Netherlands or the national financial authorities ;

- social security organizations;

- the Dutch Data Protection Authority (Autoriteit Persoonsgegevens).
to financial institutions.

The communication of Your Personal Data to the recipients listed above is carried out in compliance with the Data Protection Laws and the agreements that We have concluded with the recipients, if any.

8. What categories of profiling do We do ?

Profiling is defined by the RGPD as follows: "any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects s concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements" (Article 4).

We carry out several categories of profiling:

Profiling for credit risk assessment and granting purposes, notably through Our Score Model. This type of profiling may have legal effects on you and may result in a decision such as a credit refusal. These decisions are, however, necessary for the conclusion or performance of the contract between You and FLOA Bank.
Profiling for "marketing" purposes, in order to send You personalized offers, to suggest services, products or complementary offers likely to correspond to Your preferences and this, on the basis of segmentation or selections or based on algorithms. This type of profiling may have legal effects on You, such as marketing segmentation leading to the non-reception of some of Our commercial offers. However, these decisions are necessary in order to improve the targeting of Our marketing campaigns and therefore, to Your satisfaction.

The profiling tools We use are based on different variables, including:

Your contact information;
If applicable, the type of product or service being considered for financing;
Where applicable, a check with the relevant official records;
A score based on the Processing of Your Personal Data, including those collected from our partners (examples: customer account data and/or loyalty card(s), associated with Your purchase history).

We may also aggregate and anonymize Your Personal Data in order to establish scoring models or statistics.

With regard to automated decisions and profiling, We assure You the right to obtain human intervention, to present Your observations and to contest the automated decision that will have been opposed to You, if necessary.

9. What security measures do we put in place to protect Your Personal Data?

FLOA Bank undertakes to implement the appropriate technical and organizational measures in order to guarantee the protection, confidentiality, non-alteration, availability, absence of access by an unauthorized third party, and therefore, in general, the security of Your Personal Data.

These measures are defined and implemented following the best market standards in terms of security and in particular the recommendations of the supervisory authorities regarding the protection of Personal Data.

10. What are Your rights regarding the Personal Data We collect?

In accordance with the Data Protection Laws, You have the following rights regarding Your Personal Data:

the right of access: You may obtain a copy of all of Your Personal Data processed by FLOA Bank;
the right of rectification: You may ask FLOA Bank to correct and/or complete Your Personal Data if it is inaccurate or incomplete;
the right of deletion: You can obtain the deletion of your Personal Data. Your Personal Data may however be retained by FLOA Bank when their Processing is necessary to comply with a legal obligation or to exercise a right before an administrative or judicial authority;
the right of opposition: you may ask FLOA Bank, for reasons concerning Your particular situation, to cease the Processing that are being made on Your Personal Data, unless FLOA Bank justifies that its legitimate and compelling interests prevail over Your rights and freedoms. With respect to commercial prospection, You have the right to object, without charge or reason, to the use of Your Personal Data for commercial prospection purposes.
the right to the limitation of the Processing: You may request a limitation on the Processing of Your Personal Data, for example when You dispute their accuracy, in order to allow FLOA Bank to carry out the appropriate verifications, or when You exercise Your right of opposition, during the time that FLOA Bank is studying Your request. Where applicable, Your Personal Data may only be processed with Your consent or for the defense of a right before an administrative or judicial authority;
the right to portability: You may obtain the Personal Data that you have provided to FLOA Bank in a structured, commonly used, machinereadable format, and if possible in open format, as well as their transmission to another service provider, where technically possible;
the right to withdraw consent: when the legal basis for the processing is your consent, you can withdraw it at any time without affecting the processing already performed based on your consent;
the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you, except if: (a) is necessary for entering into, or performance of, a contract between the data subject and a data controller; (b) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests; or (c) is based on the data subject's explicit consent.

A copy of an identity document may be requested in order to exercise the above rights.

Visit the Dutch Data Protection Authority (Autoriteit Persoonsgegevens) website for more information about Your rights https://autoriteitpersoonsgegevens.nl/en

If You have any questions regarding the Processing and collection of Your Personal Data or in order to exercise the above rights, You may contact FLOA Bank :

by e-mail at: contact@floa.com ;
or by post at: SERVICE CONSOMMATEUR – FLOA Bank – 36 rue de Messines – 59 686 Lille Cedex 9, France.
Or contact Our Data Protection Officer (DPO) by e-mail at: dpofloa@floa.fr.

You may, at any time, address a complaint to the competent supervisory authority (in Belgium, the Data Protection Authority: https://autoriteitpersoonsgegevens.nl/en).

11. What is our Cookie Policy?

Click here to consult our Cookie policy.