Privacy Policy

1. ABOUT Fenix Charity

Labdaros ir paramos fondas Fenix Charity, established and operating under Lithuanian law, legal entity code 306556124, registered address at Žalgirio g. 92-216, LT-09303 Vilnius, Lithuania, is a charity fund which is considered as Data Controller for the purposes of this Privacy policy.

Fenix Charity DPO contact information

You can reach out to Fenix Charity Data Protection Officer by sending an e-mail to info@fenix.eu or sending a letter by post to Žalgirio str. 92-216, Vilnius, Lithuania, LT-09303, marked for ‘Data Protection Officer’.

Short Summary of this Policy

2. LEGAL BASIS FOR DATA PROCESSING

Fenix Charity processes your data on the legal basis of:

In accordance with Article 6 (1)(b) of General Data Protection Regulation. Necessity for performance of a contract with you. The data is processed to open provide our Services under the Terms and Conditions.

In accordance with Article 6 (1)(c) of General Data Protection Regulation – Necessity for compliance with a legal obligation to which the controller (Fenix Charity) is subject. This legal basis is used by Fenix Charity when maintining proper records on charity and donations under the Law on Charity and Donations of the Republic of Lithuania.

In accordance with Article 6 (1)(a) of General Data Protection Regulation – Your consent. This is applicable to Fenix Charity’s use of Cookies as also your contact information processing for contacting you regarding Service provided by Fenix Charity.

3. DEFINITIONS

‘You‘ The following definitions when used in this Privacy policy have the following meanings: means any natural person who uses, has used or has expressed a wish to use the Services or is in other way related to the use and/or user of any of the Services and/or has any other relationship with Fenix Charity.

‘Data Controller‘ means anyone who alone or jointly with others determines the purposes and means of the Processing of Personal Data. For the Processing of Personal Data described in these Principles, Fenix Charity is the Data Controller.

‘Data Processor‘ means anyone who Processes Personal Data on behalf of the Data Controller.

‘Data Protection Legislation‘ means the applicable EU and national data protection legislation that Fenix Charity is subject to, for example, Regulation (EU) 2016/679 (General Data Protection Regulation or the GDPR).

‘EU/EEA‘ means the European Union/European Economic Area.

‘Personal Data‘ means any information directly or indirectly related to you. means any operation or set of operations performed with regard to Personal Data, whether or not performed by automated means, such as collection, recording, organization, storage, adaptation, alteration, retrieval, use, combination, erasure or destruction.

‘Processing‘ means any operation or set of operations performed with regard to Personal Data, whether or not performed by automated means, such as collection, recording, organization, storage, adaptation, alteration, retrieval, use, combination, erasure or destruction.

‘Regulatory Legislation and Obligations‘ means the applicable legal acts that Fenix Charity is subject to, for example, relating to anti-money laundering, banking secrecy, commercial activity, data protection, taxes, bookkeeping, e-money, payment, e-money issuing and payment services.

‘Services‘ means Fenix Charity provided Services to you as described in Terms and Conditions.

4. SCOPE OF PRIVACY POLICY

This Privacy Policy describes how Fenix Charity collects, uses, stores, shares and protects your Personal Data whenever you use Services through the Website.

We assume that you have carefully read this document and understand it. This Privacy Policy is an integral part of Fenix Charity ’s  Terms and Conditions.

Fenix Charity can change this Privacy Policy from time to time. All Privacy Policy changes will be posted on Website additionally sending you an email informing about the update. Continued use of Fenix Charity’s Services implies you have read the revised Privacy Policy.

5. PERSONAL DATA WE COLLECT

In order to provide you with Services , Fenix Charity collects various types of your Personal Data. Personal Data is collected and processed during 3 principal steps:

• contacting us
• use of Fenix Charity Services and Website

When using our Services, using our website or contacting us with regards to either of them, you directly or indirectly provide us with any of your presonal data: name, surname, personal identification number (if it is mandatory to collect such information), e-mail, address, phone No., account number, credit/payment institution, payment information and history, VAT payer code, payer data, information specified in tax documents, arrears data, communication data.

6. OTHER PURPOSES FOR USE OF PERSONAL DATA

Developing the Website.

We use Personal Data to conduct research and development of our Website and Services in order to provide you and others with a better, more intuitive and personalized experience.

Providing support.

We use Personal Data to keep in touch with you in order to provide you with customer service, notify you on news and updates, provide you with the security notices or information.

Security.

We use Personal Data for security. We use your Personal Data (including your communications) if we think it’s necessary for Security purposes or other violations of our Terms and Conditions, this Privacy Policy, implementing legal obligations.

7. PERSONAL DATA RECEIVED FROM THIRD PARTIES

We collect and receive your Personal data from yourself, as well as from the following sources:

We work closely with third parties in order to help us deliver our Service to you. These third parties are service providers in technical, payment and delivery services, advertising networks, analytics providers, search information providers and developers. Information we collect about you from such parties can include information which helps us to verify your identity or information relating to your payment transactions.

Other legal sources, such as public registers, internet search engines, public sources such as social media.

8. HOW WE SHARE PERSONAL DATA

In order to provide you with the Services and meet our legal and contractual obligations, we use third parties services and such third parties use personal data in delivering their services to us. Therefore, we share the information we collect about you with our service providers (Data processors) such as:

Cloud storage/servers providers. We use their service in order to store your data safely and securely.

Financial institutions. For the purpose of processing your payments.

Law enforcement agencies. For the purpose of crime prevention and investigation.

Tax authorities. For the purpose of complying with  requirements for charity funds.

Auditors, accountants and lawyers: In order to complete financial, technical and legal audits of Fenix Charity operations, we need to share information about your Account as part of such audit.

Other service providers with which we have concluded service provision agreements or when such sharing is mandatory according to applicable law.

We only use the services of those data processors which ensure safeguards and use technical and organizational security measures equivalent to the ones required by EU General Data Protection Regulation.

Processing personal data inside and outside the EEA

The data that we collect from you will be transferred to, and stored at a destination inside the European Economic Area (EEA).

You personal data can be processed outside of the EEA in order for us to fulfill our contractual obligations towards you to provide the Services. There are some examples where Fenix Charity will need to send your data outside of EEA, for example:

• to implement a Service when so is necessary for a specific project you choose to donate to;
• process your payment details.

We will take all steps to ensure that your data is treated securely and in accordance with legislation, specifically:

• the data sent will be as minimal as necessary to complete the processing purpose;
• data will be sent only through encrypted communication channels.

9. YOUR RIGHTS

You are entitled to the following rights regarding the protection of your Personal Data:

The right to request access information we process about you: this right enables you to receive a copy of the personal data we hold about you;

The right to request to correct incorrect / inaccurate information about you: this right enables you to have any incomplete or inaccurate Personal data we hold about you to be corrected. Please note that we need to verify the accuracy of the new data you provide to us.

The right to request to transfer all or part of the Personal data: This right enables you to ask us to provide you with your Personal data in a structured, commonly used, machine-readable format, which you can then transfer to other appropriate data controller. Note that this right only applies to automated information which you initially provided for us to use and consented for it use or where we used the information to perform a contract with you.

The right to request erasure of Personal data: This right enables you to ask us to delete or remove personal data where there is no legitimate reason for us to process it, or if you have successfully exercised your right to object to processing (as described in paragraph 9 herein below). Please note that Fenix Charity as a regulated financial institution is obligated under the applicable laws regarding prevention of money laundering and terrorist financing as well as of Law on Electronic Money and Electronic Money Institutions of the Republic of Lithuania to retain certain information you have provided for a number of years, therefore we are not always able to comply with your request of erasure for the mentioned reasons. We will notify you at the time of your request if it the situation is as described.

The right to request restriction of data processing: This right enables you to ask us to suspend the processing of your personal data in the following cases:

• if you want us to establish the data 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.

Please note that such requests can lead to a situation that we are unable to perform our contractual obligations towards you or enter into a contract with you. If this would be the case we will notify you about it.

The right to object to processing of Personal Data when processing is carried out on the basis of legitimate interest: This right can be exercised in a situation where we are relying on our legitimate interest (or those of a third party) but in your particular situation such processing impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. Please note that Fenix Charity as a regulated financial institution is obligated under the applicable laws regarding prevention of money laundering and terrorist financing as well as of Law on Electronic Money and Electronic Money Institutions of the Republic of Lithuania to process your certain Personal data for compliance purposes, therefore in some cases, we can demonstrate that we have compelling legitimate grounds to process your Personal data which override your rights. Please note that requirements of the mentioned laws supersede any right to objection under applicable data protection laws. If you object to the processing of certain data then we may not be able to provide you Services and it is likely we will have to terminate your account.

To exercise any of the rights mentioned above, please reach out to our you support team via email of by filling request form on our Website or contact our Data Protection Officer as indicated below. We will ask you to verify your identity and for more information regarding your request.

10. COOKIES

When using our Website you will be subjected to the use of Cookies.

Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser.

We use both session and persistent Cookies for the purposes set out below:

Necessary / Essential Cookies

Type: Session Cookies

Administered by: Us

Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

Functionality Cookies

Type: Persistent Cookies

Administered by: Us

Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

3rd Party service Cookies – Google Analytics.

Administered by: Google

Purpose: to analyze non personalized customer behavior (country website accessed from, pages visited, etc).

Your Choices Regarding Cookies

If You prefer to avoid the use of Cookies on the Website, first You must disable the use of Cookies in your browser and then delete the Cookies saved in your browser associated with this website. You may use this option for preventing the use of Cookies at any time.

If You do not accept Our Cookies, You may experience some inconvenience in your use of the Website and some features may not function properly.

If You’d like to delete Cookies or instruct your web browser to delete or refuse Cookies, please visit the help pages of your web browser.

For the Chrome web browser, please visit this page from Google: https://support.google.com/

For the Internet Explorer web browser, please visit this page from Microsoft: https://support.microsoft.com/

For the Firefox web browser, please visit this page from Mozilla: https://support.mozilla.org/

For the Safari web browser, please visit this page from Apple: https://support.apple.com/

For any other web browser, please visit your web browser’s official web pages.

11. HOW LONG DO WE KEEP YOU DATA

Fenix Charity as a regulated charity fund is obligated under the applicable laws to retain your Personal data for a number of years:

transaction data – up to 10 (ten) years in accordance with the legal acts regulating financial operations and accounting, as well as in accordance with the General Document Storage Terms Index approved by the Chief Archivist of the Republic of Lithuania;

Communication data (if any) – up to 3 (three) years in accordance to our legitimate interest

12. COMPLAINTS

If you feel that Fenix Charity has breached this policy or processed your data incorrectly, you should send a request or complaint directly to Fenix Charity by sending an e-mail to info@fenix.eu or a letter to our office at Žalgirio str. 92-215, LT-09303, Vilnius, Lithuania.

Please note that Fenix Charity identify you by personal data and e-mail, which you have provided to Fenix Charity when you signed up for the services. When you submit your request always provide your personal details and sent your request via e-mail you have submitted when you signed up for the services. In other case we are unable to identify you properly and submit the information requested by you or to fulfill your request.

Fenix Charity will review the complaint and send you response within 15 working days, or inform you that we need more time to provide you with an extensive response.

If for any reasons Fenix Charity’s answer does not satisfy you, have the right to lodge a complaint to the national Data Protection Agency (DPA) in the country of your residence or to Lithuania State Data Protection Inspectorate (https://vdai.lrv.lt/en/) at ada@ada.lt

We would, however, appreciate the chance to deal with your concerns before you approach the DPA and find a solution at your satisfaction. So please contact us in the first instance.