Where did PAIR Finance get my data?
If we have contacted you, then we, as a debt collection company, have been charged by a company to work with you to find a solution to an outstanding debt you should originally have paid to this company following a purchase contract or service contract you concluded.
In order for us to send you a reminder of the outstanding debt and enable an amicable repayment, of course we need to be able to contact you. Therefore, our client can and must pass on your personal data, including your name and address, reason for and level of debt, etc., to us. Only with this data is it possible for use to approach you and assert the claim.
It can also be the case that we are acting with respect to a debt that is not owed by you, but by a third party, and we need to contact you in this context. This could be the case if you have been appointed as a carer or to act as a solicitor. In these cases, your contact data is saved as a correspondence address in the claim file and you also receive information on the processing of your personal data by a debt collection company in accordance with article. 13 or 14 GDPR.
What data is PAIR Finance authorised to process?
As a registered debt collection service provider, PAIR Finance can essentially process any data required to recover a debt. This requires regular data about the debtor, e.g. name, address and telephone number, and the debt to be collected, including the reason for the debt, amount and due date.
PAIR Finance can also obtain, save and use information itself where necessary for the processing of the relevant case. This includes, in particular, obtaining credit ratings, determining addresses and other data necessary for evaluating the debt.
Why is PAIR Finance processing my data without my consent?
All companies are free to call upon the services of a solicitor or debt collection company with respect to an outstanding debt, even if it is only presumed. If a debt is outstanding, even if it is disputed, a company can and must pass on personal data, especially your name and address and the reason, amount and due date for the debt, to PAIR Finance. After all, it is only with this data that it is possible for us to get in contact with you and find a solution to an outstanding debt. Consent is not required to pass data on to a legal service provider. Under data protection laws, PAIR Finance’s activities are authorised by the statutory circumstances set out in article 6, para. 1, clause 1, letters b and f GDPR (data processing for contract fulfilment, data processing based on the justified interests of the creditor).
Is PAIR Finance obliged to delete my data?
As what is known as a “Data Subject”, you have the right to deletion of your personal data in accordance with article 17, para. 1 GDPR, under the conditions specified therein. We at PAIR Finance take this right very seriously, as we do all other rights set out in the GDPR. We have developed blocking and deletion systems for all data we process.
The legislation also takes into consideration the fact that the other party will not always grant consent in cases relating to the assertion of outstanding claims. Therefore, the right to delete data does not apply if a company is processing your data for the assertion, exercise or defence of legal claims. This is in accordance with article 17, para. 3 letter e GDPR. Therefore, personal data can continue to be saved as long as claims are outstanding and being processed in line with debt collection activities. Once the debt collection process is complete, the data is no longer required to fulfil the debt collection process, and could essentially be deleted in accordance with art. 17, para., letter a GDPR.
Instead of being deleted, processing can be restricted if legal, statutory or contractual storage periods are contrary to deletion (art 17, para. 3, letter b GDPR in conjunction with section 35, para. 3, BDSG( Federal Data Protection Act). Of course, personal data may also need to be retained based on commercial or tax law provisions, but it is then retained only for this purpose. The periods can vary. The Contributions Ordinance (AO) and the German Commercial Code (HGB) specify deletion periods of up to 10 years.
I would like to object to the processing of my data!
The exertion of a right to object to processing of data based on the balance of interests (article 6, para. 1, letter f GDPR) in accordance with article 21, para. 1 GDPR requires you to cite specific reasons to PAIR Finance arising from your own particular situation. This means that you must demonstrate that there is an unusual situation and why this particular case lends particular weight to your interests. It is not sufficient, for example, to dispute the claim (“I did not conclude a contract”) or to assert that the creditor’s service was faulty or non-existent.
In accordance with article 21, para. 1 GDPR, the right to object also does not apply if the processing of the data serve the assertion, exercising or defence of legal claims. In the typical cases for debt collection processes (recovery of outstanding claims), your objection to our data processing is therefore likely to come to nothing. How else would it be possible to recover debts if the processing of the necessary information could be prevented. It is only logical.
Why has PAIR Finance carried out a credit search on me?
PAIR Finance is authorised to collect credit-worthiness data in accordance with article 6, para. 1, clause 1, letter f GDPR, if it has a justified interest in collecting data in this way. From our perspective, this interest is valid, for example, if a decision on the initiation of further measures is associated with a financial default risk, including in relation to the recovery costs incurred. Credit agencies can also provide current address data. Therefore, where applicable, PAIR Finance researches address data from credit agencies, as this information is a fraction of the costs of a resident registration search and this must be taken into consideration from the point of view of our obligation to minimise damages.
Will PAIR Finance report my case to credit agencies?
The reporting of unpaid debts to a credit agency such as Schufa Holding AG is authorised under the terms of article 31, para. 2 of the Federal Data Protection Act (BDSG). For example, it is allowed if you acknowledge the claim, an enforcement order is granted as part of court collection proceedings or if the prerequisites for termination of an ongoing contract without notice are met because of payment arrears. Another important reason for reporting claims to credit agencies is that at least two written reminders have been received about the debt, and at least four weeks have passed since the first reminder, you are warned that you will be reported to a credit agency and you accept that the debt is undisputed.