In this Policy, we use the terms:
“we”, “us”, and “our” (and other similar terms) to refer to either:
Fiduciam Nominees Limited is registered under the Data Protection Act 1998 (Act) with the Information Commissioner’s Office under registration reference ZA155195.
Fiduciam Services Limited is registered under the Data Protection Act 1998 (Act) with the Information Commissioner’s Office under registration reference ZA264098.
Fiduciam Limited is registered under the Data Protection (Bailiwick of Guernsey) Law, 2001 with the Information Office of the Data Protection Commissioner under registration reference 50241.
“Agreement” refers to a written document which sets out the terms and conditions of the engagement of/with a specific Fiduciam entity and which describes the services to be provided and/or the terms of any such engagement, such as a facility agreement, platform agreement, personal guarantee, non-disclosure agreement, engagement letter, employment contract, etc. Such Agreement terms should be relied upon in determining liability for the services provided.
“you” and “your” (and other similar terms) refer to our borrowers, guarantors, brokers, intermediaries, sub-contractors, investors, clients, contacts, suppliers, funding partners, directors, shareholders and ultimate beneficial owners where the aforementioned are legal entities, employees, job applicants and website visitors.
“Personal Data” means any information relating to an identified or identifiable natural person.
“Confidential Data” means non-public information relating to legal entities, assets, financial instruments, investments, activities, Agreements and which does not constitute Personal Data.
This Policy is an important document. We recommend that you read it carefully and print and keep a copy for your future reference. When you instruct us, interact with us, or otherwise contact us, we will assume you agree to the uses of your Personal Data and Confidential Data described in this Policy according to the terms and conditions described herein.
We are aware of our obligations under the European General Data Protection Regulation, and shall always ensure that your Personal Data is processed in accordance with the following principles:
You are entitled to a number of rights in relation to the Personal Data that we hold about you. You have the following rights in respect of your Personal Data:
Please note that aforementioned rights are curtailed in following instances:
How long we will keep your Personal Data
We will hold your Personal Data for as long as the purpose exists increased by any minimum period as prescribed by law, regulations and regulatory guidance. As of the date of this Policy, this means that we will keep:
Prior to erasing the Personal Data, we may ask your consent to hold the Personal Data for a longer period if you may wish to obtain loans from us in the future. Furthermore, we may hold Personal Data beyond the aforementioned time limits without your consent in case of a commercial dispute, ongoing litigation or investigation.
What Personal Data and other Confidential Data do we collect?
From our initial contact with you through to providing you with our services or working together in other ways, we may collect various data (including Personal Data) about you and/or the company on behalf of which you act. We may collect, store and use the following data:
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.
We use the following cookies:
You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our sites.
How will we use Personal Data and other Confidential Data?
The ways in which we may use your Personal Data and other Confidential Data necessarily depends on the relationship you have with us. The list below (non-exhaustive) sets out the purposes for which we use your Personal Data and other Confidential Data:
We are allowed to save and process your Personal Data on the following legal bases:
Where we save and process your Personal Data for the purposes of a contract, these purposes include (but shall not be limited to):
Where we save and process your Personal Data in order to comply with legal and regulatory obligations, these shall include (but not be limited to) all laws and regulations in respect of:
Where we save and process your Personal Data for our legitimate interests, these shall include (but not be limited to):
Where we save and process your Personal Data based on consent, this shall typically be for:
Potential borrowers: fraud prevention
If you are a potential borrower, you must be aware that it is a criminal offense to knowingly supply false information to obtain a loan.
Before we provide services or financing to you, we undertake checks for the purposes of preventing fraud and money laundering, and to verify your identity. These checks require us to process Personal Data.
The Personal Data you have provided, we have collected from you, or we have received from third parties, will be used to prevent fraud and money laundering, and to verify your identity. Where information is obtained from third parties, we shall ensure that at all times the source from which or the intermediary through which the information is provided
can be disclosed to you.
Details of the Personal Data that will be processed, for example include name, address, date of birth, address, contact details, financial information, tax information, employment details, device identifiers including IP address and personal identifiers.
We and fraud prevention agencies may also enable law enforcement agencies to access and use your Personal Data to detect, investigate and prevent crime.
We may run a search for similar loan applications you have made, as a potential borrower, to other lenders. If fraud is suspected, we may share relevant details with those lenders.
Information we share with fraud protection agencies may be used by other entities such as lenders making financial or credit-related decisions about you.
Your Personal Data may also be used to check against the existing open accounts with other lenders to prevent and/or detect fraud.
Fraud prevention agencies can hold your personal data for different periods of time.
If we, or a fraud prevention agency, determine that you pose a fraud or money laundering risk, we may refuse to provide the services and financing you have requested, or we may stop providing existing services to you.
A record of any fraud or money laundering risk will be retained by the fraud prevention agencies, and may result in others refusing to provide services, financing or employment to you.
Who else may have access to your Personal Data and other Confidential Data?
We may need to share your Personal Data and other Confidential Data with third parties:
These third parties may keep a record of your Personal Data and the other Confidential Data. We impose contractual obligations on these third parties to protect your Personal Data and the other Confidential Data.
Where you have provided us with Personal Data about other people
Where you provide information about other people, e.g. information about directors, partners, members, shareholders or beneficial owners other than yourself then you confirm that you have their consent to provide us with such information, that they have read, understood and agreed to the terms of this Policy, including how we may use such information.
Monitoring for quality assurance and training
We strive to ensure that the services we deliver to our clients are of the highest possible standard. With this aim in mind, it may sometimes be necessary for us to monitor telephone and e-mail communications between you and our employees for the purpose of quality assurance and training or as otherwise permitted by law.
We will only ever conduct communications monitoring in compliance with applicable law, and will at all times continue to protect the confidentiality of your communications in accordance with this Policy.
International transfers of Personal Data
As described above, from time to time, we may need to transfer your Personal Data to affiliates and third parties that may have offices that are located in territories outside of the European Economic Area (“EEA”), in order to provide you with the services required.
Where we transfer your Personal Data to another country outside the EEA, we will ensure that it is protected and transferred in compliance with our legal obligations. Transfers outside of the EEA may be achieved in one of the following ways:
How we look after your Personal Data and other Confidential Data
We use a range of measures to keep your Personal Data safe and secure, which may include encryption and other forms of security. Fiduciam requires our staff and any third-party subcontractors to comply with appropriate data protection standards. Our employees receive periodic training in respect of data protection and must adhere to this Policy as well as our Data Protection Manual. Unauthorised use or disclosure of Personal Data or Confidential Data by an employee may result in disciplinary measures.
Personal Data and Confidential Data may be processed by either automated or manual methods. Automated decisions will only ever be made if they are necessary for us to fulfil our contractual obligations, for legal reasons, or if you have provided consent and such processing is allowed under EU or national laws applicable to us.
We have put in place appropriate technical and organisational security measures, such as confidentiality agreements, to protect your Personal Data and other Confidential Data against unauthorised or unlawful use, and against accidental loss, damage or destruction.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your Personal Data, we cannot guarantee the security of your data transmitted to or from our sites; any transmission is at your own risk.
Questions, concerns, complaints and exercising your rights
If you have any questions, concerns or complaints about this Policy, about how we collect, store and use Personal Data and Confidential Data, if you wish further information explaining with which fraud prevention agencies we work, how data held by fraud prevention agencies may be used, or to exercise your rights set out in this Policy, please e-mail us our Data Protection Officer, Henrik Takkenberg at:
Mail: Josaron House, 2nd Floor, 5-7 John Prince’s Street, London W1G 0JN
Telephone: +44 203 290 1933
Our Data Protection Officer is the first point of contact for supervisory authorities, employees and customers.
We reserve the right to modify this privacy statement or any part of it at any time and any changes will be posted on our websites.