Last Updated 14 March 2023
LHV Data Protection
Address: 1 Angel Court, London, EC2R 7HJ
Phone: +44 20 3005 0150
Address: Tartu mnt 2, 10145 Tallinn, Estonia
As noted below, you have the right to make a complaint regarding the Processing of your Relevant Personal Data with a Data Protection Authority at any time (i.e., in relation to the UK, the Information Commissioner’s Office in the United Kingdom or in relation to the EU, the Data Protection Authority for EU Member State in which you live, or in which you work, or in which the alleged infringement occurred).
We collect or obtain Personal Data: when those data are provided to us (e.g., where you contact us); in the course of our relationship with you (e.g., if you use our services, including through our Clients); when you make Personal Data public; when you visit our Sites or when you use and interact with any of our Sites or services. We may also receive Personal Data about you from third parties (e.g., law enforcement authorities).We collect or obtain Personal Data: when those data are provided to us (e.g., where you contact us); in the course of our relationship with you (e.g., if you use our services, including through our Clients); when you make Personal Data public; when you visit our Sites or when you use and interact with any of our Sites or services. We may also receive Personal Data about you from third parties (e.g., law enforcement authorities).
We collect or obtain Personal Data about you from the following sources:
Data provided to us
We obtain Personal Data when those data are provided to us (e.g., payments data from our Clients (whose Customers can either be the sender or beneficiary of payments), where you contact us via email or telephone, or by any other means including a business customer, prospective customer or general contact, or when you provide us with your business card, or when you submit a job application).
We collect or obtain Personal Data in the ordinary course of our relationship with you (e.g., we provide a service to you, or to your employer).
Data you make public
We collect or obtain Personal Data that you manifestly choose to make public, including via social media (e.g., we may collect information from your social media profile(s), if you make a public post about us).
We collect or obtain Personal Data when you visit any of our Sites or use any features or resources available on or through a Site.
We collect or obtain Personal Data when you use any of our Sites or services.
Content and advertising information
If you interact with any third party content or advertising provider (including third party plugins and cookies) we receive Personal Data from the relevant third party provider of that content or advertising.
Third party information
We collect or obtain Personal Data from third parties who provide it to us, or from public registers (e.g., correspondent banks, participants in payment system (including Bacs participants, Faster Payments), Pay.UK, UK Finance, payment service providers and other business partners or from other third parties involved in a payment transaction (or from third parties who have been authorised by you to provide transaction data to us), service providers specialised in gathering data related to previous criminal convictions and offences, financial sanctions and negative news published from public and private registers, credit reference agencies, law enforcement authorities, etc.)
We create Personal Data about you (e.g., records of your interactions with us).
We also create Personal Data about you in certain circumstances, such as records of your interactions with us, and details of your past interactions with us. We may also combine Personal Data from any of our Sites or services, including where those data are collected from different devices.
We Process: your personal details (e.g., your name); your contact details (e.g., your address); records of your consents; payment and transaction details (e.g., bank account card details that you provide to us or our Clients, and related transaction data); information about our Sites (e.g., the type of device you are using); information about your interactions with our content or advertising; and any views or opinions you provide to us.
We Process Personal Data relating to employees, directors, board members and other representatives of our Clients and prospective clients (“Client Representatives”) and in respect of visitors to our corporate website, www.lhv.com.
Some of our Clients use our payment services in order that they may themselves provide payment services in the UK to their own underlying customers (“Customers”). This means that we Process Personal Data, including transaction data, relating to these underlying Customers (or their representatives) when necessary for the purpose of processing payments to or from them, at our Clients’ request. The transaction data that we Process may also include Personal Data of the other party involved in the payment transaction (sender or beneficiary).
Accordingly, we Process the following categories of Personal Data about you:
given name(s); preferred name; and photograph.
correspondence address; billing address; telephone number; email address; online messaging details; and social media details.
your CV; records of your expertise; professional history; practising details and qualification details; information about your experience; participation in meetings, seminars, advisory boards and conferences; information about your professional relationship with other individuals or institutions; language abilities; and other professional skills.Professional detailsyour CV; records of your expertise; professional history; practising details and qualification details; information about your experience; participation in meetings, seminars, advisory boards and conferences; information about your professional relationship with other individuals or institutions; language abilities; and other professional skills.
gender; date of birth / age; nationality; salutation; title; and language preferences.
records of visits to our premises.
records of any consents you have given, together with the date and time, means of consent, and any related information (e.g., the subject matter of the consent).
records of purchases and prices.
invoice records; payment records; billing address; payment method; bank account number or credit card number; cardholder or accountholder name; card or account security details; card ‘valid from’ date; card expiry date; Bacs details; SWIFT details; IBAN details; payment amount; and payment date.
Data relating to our Sites
device type; operating system; browser type; browser settings; IP address; language settings; dates and times of connecting to a Site; usage data; and aggregate statistical information.
where you interact with us in your capacity as an employee of a third party; and the name, address, telephone number and email address of your employer, to the extent relevant.
Content and advertising data
records of your interactions with our online advertising and content, records of advertising and content displayed on pages displayed to you, and any interaction you may have had with such content or advertising (e.g., mouse hover, mouse clicks, any forms you complete in whole or in part) and any touchscreen interactions.
Views and opinions
any views and opinions that you choose to send to us, or publicly post about us on social media platforms.
We Process Personal Data for the following purposes: providing our Sites and services to you, including our payment services; KYC, anti-money laundering and payment fraud monitoring and screening activities; detecting negative news; administering business relationships; marketing and conducting surveys; communicating with you; conducting investigations where necessary; compliance with applicable law; improving our Sites and services; risk management and fraud prevention, and the establishment, exercise and defence of legal claims.
We have set out below, in a table formats, a description of the types of Personal Data that we may collect, the ways we may Process your Personal Data, and which of the legal bases we rely on to do so.
We have also identified what our legitimate interests are where appropriate (and in each case that they apply, to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms).
Note that we may Process your Personal Data for more than one lawful ground depending on the specific purpose for which we are using your data, subject to applicable law. Please contact us if you need details about the specific legal ground we are relying on to Process your Personal Data where more than one ground has been set out in the table below.
|PURPOSE OF PROCESSING||TYPE OF PERSONAL DATA||LEGAL BASIS FOR PROCESSING|
|Providing our Sites or services, and communicating with you in relation to those Sites or services|
|Providing payment services to Clients or their Customers|
|KYC, anti-money laundering and payment fraud monitoring and screening|
|Detecting negative news about our Clients that might have an adverse effect on its reputation|
|Providing services to existing Clients, administration of business relationship|
|Marketing, however we only use the contact details of our corporate Clients|
|Engaging with you for the purposes of obtaining your views on our Sites or our services|
|Risk management, monitoring and investigating to counter fraud (e.g., payment fraud)|
|To use data analytics to improve our website, products/services, marketing, customer relationships and experiences|
|To make suggestions and recommendations to you about our goods or services that may be of interest to you|
|To comply with our legal and regulatory obligations under applicable law|
|To establish, exercise and defend legal claims|
In general, we do not Process Sensitive Personal Data. However, we do Process information about criminal convictions and offences for the purpose of carrying out anti-money laundering and fraud prevention checks. Where we do so, our legal basis is:
Detection and prevention of crime
We may Process your Sensitive Personal Data where the Processing is necessary for the detection or prevention of crime (e.g., the prevention of fraud);
Establishment, exercise or defence of legal claims
We may Process your Sensitive Personal Data where the Processing is necessary for the establishment, exercise or defence of legal claims; or
We may Process your Sensitive Personal Data where we have, in accordance with applicable law, obtained your express consent prior to Processing your Sensitive Personal Data (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way).ConsentWe may Process your Sensitive Personal Data where we have, in accordance with applicable law, obtained your express consent prior to Processing your Sensitive Personal Data (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way).
We disclose Personal Data to: legal and regulatory authorities; our external advisors; our Processors; our third party service providers to whom we have delegated certain activities, including CRAs; any party as necessary in connection with legal proceedings; any party as necessary for investigating, detecting or preventing criminal offences; any purchaser of our business; and any third party providers of advertising, plugins or content used on our Sites.
Yes, we disclose Personal Data to other entities within the LHV Group, for legitimate business purposes and the operation of our Sites or services to you, in accordance with applicable law.
In addition, in order to provide payment services we need to send your data to certain trusted third party companies who provide essential payment system and payment processing services, including participants in Faster Payments and Bacs.
If we engage a third party Processor to Process your Personal Data, the Processor will be subject to binding contractual obligations to: (i) only Process the Personal Data in accordance with our prior written instructions; and (ii) use measures to protect the confidentiality and security of the Personal Data; together with any additional requirements under applicable law.
Together with the Society of Worldwide Interbank Financial Telecommunication (SWIFT) we act as joint Controllers in respect of the payments messaging service provided by SWIFT, meaning that we have jointly determined the purpose and measures of this data Processing. Please find the details of SWIFT’s responsibilities here and our respective responsibilities here.
As a part of Processing, we may perform credit and identity checks on you with one or more CRAs. We may also carry out further periodic searches at CRAs in the provision of services to you.
To do this, we will supply your personal information to CRAs. This will include your name, date of birth and residential address. It may also include additional information such as your salary, previous residential addresses and other information you may have provided to us.
The CRAs will match this information to the records they hold about you, and in return will provide us with, both public information (including the electoral register) and shared credit, financial situation and financial history information and fraud prevention information.
We may continue to exchange information about you with CRAs while you have a relationship with us. We will also inform the CRAs about your settled accounts. If you borrow and do not repay in full or on time, CRAs will record the outstanding debt. This information may be supplied to other organisations by the CRAs. When CRAs receive a search from us they will place a search footprint on your credit file that may be seen by other lenders.
If you are making a joint application, or tell us that you have a spouse or a financial associate, we will link your records together, so you should make sure you discuss this with them, and share with them this information. CRAs will also link your records together and these links will remain on your and their files until such time as you or your partner successfully files for a disassociation with the CRAs to break the link.
The identities of the CRAs, their role also as fraud prevention agencies, the data they hold, the ways in which they use and share personal information, data retention periods and your data protection rights with the CRAs are explained in more detail at www.equifax.co.uk/crain
We transfer Personal Data to recipients in other countries. Where we transfer Personal Data from the EEA or the UK to a recipient outside the EEA or the UK (as applicable) that is not in an Adequate Jurisdiction, we do so on the basis of Standard Contractual Clauses.
As a general rule, we do not send your Personal Data outside the European Economic Area (“EEA”), or the UK, and if this is done, appropriate protection measures are applied. You are entitled to request a copy of our Standard Contractual Clauses using the contact details provided in Section 19 below.
In the absence of appropriate protection measures, we are entitled to forward your Personal Data outside the EEA or the UK in situations where forwarding the data is, for example, necessary for performing a contract between you and us or for implementing measures adopted on the basis of your application (e.g., use of correspondent banks for making foreign payments).
If the conducting of an international bank transaction involves a financial institution located in a country with insufficient level of data protection, e.g., a correspondent bank or other payment intermediary, including SWIFT, we cannot ensure that the Processing of your Personal Data by financial institutions in such countries would have identical obligations to those of us and that the identical rights are guaranteed for you at the same level as in the EEA or the UK, as applicable, or other country with sufficient levels of data protection.
For detailed information on transferring your Personal Data outside the EEA or the UK (as applicable) please contact us.
We implement appropriate technical and organisational security measures to protect your Personal Data. Please ensure that any Personal Data that you send to us are sent securely.
We have implemented appropriate technical and organisational security measures designed to protect your Personal Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure, unauthorised access, and other unlawful or unauthorised forms of Processing, in accordance with applicable law.
Because the internet is an open system, the transmission of information via the internet is not completely secure. Although we will implement all reasonable measures to protect your Personal Data, we cannot guarantee the security of your data transmitted to us using the internet – any such transmission is at your own risk and you are responsible for ensuring that any Personal Data that you send to us are sent securely.
We take every reasonable step to ensure that your Personal Data are kept accurate and up-to-date and are erased or rectified if we become aware of inaccuracies.
We take every reasonable step to ensure that:
- your Personal Data that we Process are accurate and, where necessary, kept up-to-date; and
- any of your Personal Data that we Process that are inaccurate (having regard to the purposes for which they are Processed) are erased or rectified without delay.
From time to time we may ask you to confirm the accuracy of your Personal Data.
We take every reasonable step to limit the volume of your Personal Data that we Process to what is necessary.
We take every reasonable step to ensure that your Personal Data that we Process are limited to the Personal Data reasonably necessary in connection with the purposes set out in this Notice.
We take every reasonable step to ensure that your Personal Data are only retained for as long as they are needed in connection with a lawful purpose.
During the periods relating to applicable limitation period under applicable law, we will restrict our Processing of your Personal Data to storage of, and maintaining the security of, those data, except to the extent that those data need to be reviewed in connection with any legal claim, or any obligation under applicable law.
Once the applicable retention periods described above have concluded, we will either permanently delete or destroy the relevant Personal Data, or anonymize the relevant Personal Data.
Profiling is an automated Processing of your data used for evaluating certain of your personal traits – for example, to analyse or predict your behaviour, location, movements, economic situation, personal preferences or interests.
We use profiling in our anti money laundering and fraud screening and monitoring process. The use of profiling is necessary for us to comply with legal obligations stipulated in different legal acts covering anti money laundering and payment fraud screening. Profiling is also used during negative news screening, which in addition to AML screening also serves the purpose of reputational risk management.
The profiling that we carry out may result in a decision being made that your payment transaction cannot proceed or we cannot provide you services. However, all such decisions are subject to manual review and no automatic decisions are made based on profiling.
Subject to applicable law, you may have a number of rights, including: the right not to provide your Personal Data to us; the right of access to your Personal Data; the right to request rectification of inaccuracies; the right to request the erasure, or restriction of Processing, of your Personal Data; the right to object to the Processing of your Personal Data; the right to have your Personal Data transferred to another Controller; the right to withdraw consent; and the right to lodge complaints with Data Protection Authorities. In some cases it will be necessary to provide evidence of your identity before we can give effect to these rights.
Subject to applicable law, you may have the right to:
Not provide your Personal Data to us
However, please note that we will be unable to provide you with the full benefit of our Sites or services, if you do not provide us with your Personal Data – e.g., we might not be able to Process your requests without the necessary details.
to, or copies of, your Personal Data (commonly known as a "data subject access request"). This enables you to receive a copy of the Personal Data we hold about you, together with information regarding the nature, Processing and disclosure of that Personal Data, and to check that we are lawfully Processing it.
of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Prohibit the further use of your contact details for sending out offers and marketing materials
We only use the contact details of our corporate customers for such purpose and they can choose to opt-out from receiving such materials either by unsubscribing or by contacting us directly before receiving any offers.
Withdraw your consent
for Processing your Relevant Personal Data in situations where we Process such data on the basis of consent. However, this will not affect the lawfulness of any Processing carried out before that date on which we receive notice that you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you, and it may not prevent the Processing of your Personal Data in reliance upon any other available legal bases. We will advise you if this is the case at the time you withdraw your consent.
Complain to a Data Protection Authority
regarding the Processing of your Relevant Personal Data with a Data Protection Authority (i.e., in relation to the UK, the Information Commissioner’s Office or in relation to the EU, the Data Protection Authority for EU Member State in which you live, or in which you work, or in which the alleged infringement occurred).
Request our legitimate interest assessments
Request that we stop
Processing your Personal Data if and to the extent such Processing occurs unlawfully, i.e. we lack a valid legal basis for the Processing.
Request deletion of your Personal Data
This enables you to ask us to delete or remove Personal Data where there is no good reason or legitimate ground for us continuing to Process it. You also have the right to ask us to delete or remove your Personal Data where you have successfully exercised your right to object to Processing (see below), where we may have Processed your information unlawfully or where we are required to erase your Personal Data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Request restriction of Processing your Personal Data
This enables you to ask us to suspend the Processing of your Personal Data in the following scenarios:
- If you want us to establish the data's accuracy.
- Where our use of the data is unlawful but you do not want us to erase it.
- Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
- You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your Personal Data to you or to a third party
We will provide to you, or a third party you have chosen, your Personal Data in a structured, commonly used, machine-readable format, to the extent applicable. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Subject to applicable law, you may also have the following additional rights regarding the Processing of your Relevant Personal Data:
- the right to object, on grounds relating to your particular situation, to the Processing of your Relevant Personal Data by us or on our behalf, where such processing is based on Articles 6(1)(e) (public interest) or 6(1)(f) (legitimate interests) of the GDPR; and
- the right to object to the Processing of your Relevant Personal Data by us or on our behalf for direct marketing purposes
This does not affect your statutory rights.
You may exercise your rights by contacting us via the contact details provided in Section 18 below. We shall respond to your queries without undue delay, and no later than one month of receiving your request. If, prior to responding, it is necessary to ascertain circumstances, ask for additional details or perform checks, we may extend the deadline for responding, notifying you thereof in advance. In some cases it will be necessary to provide evidence of your identity before we can give effect to these rights. Where your request requires the establishment of additional facts (e.g., a determination of whether any Processing is non-compliant with applicable law) we will investigate your request reasonably promptly, before deciding what action to take.
You will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
We Process Personal Data to contact you with information regarding Sites or services that may be of interest to you. You may unsubscribe for free at any time.
We Process Personal Data to contact you via email, telephone, direct mail or other communication formats to provide you with information regarding Sites or services that may be of interest to you. We also Process Personal Data for the purposes of displaying content tailored to your use of our Sites or services. If we provide Sites or services to you, we may send or display information to you regarding our Sites or services, upcoming promotions and other information that may be of interest to you, including by using the contact details that you have provided to us, or any other appropriate means, subject always to obtaining your prior opt-in consent to the extent required under applicable law.
You may unsubscribe from our promotional email list at any time by simply clicking on the unsubscribe link included in every promotional electronic communication we send. Please note that it may take up to 2 weeks to process your unsubscribe request during which time you may continue to receive communications from us. After you unsubscribe, we will not send you further promotional emails, but in some circumstances we will continue to contact you to the extent necessary for the purposes of any Sites or services you have requested.
|Controller entity||Contact details|
|LHV Bank Limited is registered with the UK data protection authority (the Information Commissioner’s Office or ICO) under number ZB323856||Address: One Angel Court,1 Angel Court, London, EC2R 7HJ, United Kingdom|
Phone: +44 20 3005 0150
You can contact our data protection officer using the details set out above at Section 2.
We have appointed a Representative in accordance with the UK GDPR.
LHV Bank Limited has appointed AS LHV Pank, whose details are set out in section 18 above, to be its representative for the purposes of Article 27 of the UK GDPR.
Any changes we may make to this document will be posted on our website and, where appropriate and possible, notified to you by e-mail. Please check back frequently to see any updates or changes to this document.
It is important that the Personal Data we hold about you is accurate and current. Please keep us informed if your Personal Data changes during your relationship with us.
Subject to applicable law, you may have the right to:Subject to applicable law, you may have the right to:
- “Adequate Jurisdiction” means a jurisdiction that has been formally designated by the European Commission as providing an adequate level of protection for Personal Data.
- “Client” has the meaning given in Section 1.
- “Client Representatives” has the meaning given in Section 5.
- “Controller” means the entity that decides how and why Personal Data are Processed. In many jurisdictions, the Controller has primary responsibility for complying with applicable data protection laws.
- “CRAs” means credit reference agencies.
- “Customers” has the meaning given in Section 5.
- “Data Protection Authority” means an independent public authority that is legally tasked with overseeing compliance with applicable data protection laws.
- “EEA” means the European Economic Area.
- “GDPR” means the General Data Protection Regulation (EU) 2016/679.
- “LHV Group” means the Controllers outlined in the AS LHV Group Policy.
- “Personal Data” means information that is about any individual, or from which any individual is directly or indirectly identifiable, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that individual.
- “Process”, “Processing” or “Processed” means anything that is done with any Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
- “Processor” means any person or entity that Processes Personal Data on behalf of the Controller (other than employees of the Controller).
- “Profiling” means 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 analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
- “Relevant Personal Data” means Personal Data in respect of which we are the Controller.
- “Sensitive Personal Data” means Personal Data about race or ethnicity, political opinions, religious or philosophical beliefs, trade union membership, biometric data, physical or mental health, sexual life, any actual or alleged criminal offences or penalties, national identification number, or any other information that are deemed to be sensitive under applicable law.
- “Standard Contractual Clauses” means template transfer clauses adopted by the European Commission or adopted by an independent public authority that is legally tasked with overseeing compliance with applicable data protection laws and approved by the European Commission.
- “Site” means any website operated, or maintained, by us or on our behalf.
- “UK GDPR” means the GDPR as it forms part of the laws applicable in the UK by virtue of section 3 of the European Union (Withdrawal) Act 2018, and as applied and modified by Schedule 2 of the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (SI 2019/419) or as modified from time to time by other laws applicable in the UK).