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 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, etc. Such Agreement terms should be relied upon in determining liability for the services provided.
“you” and “your” (and other similar terms) to refer to our borrowers, guarantors, brokers, intermediaries, sub-contractors, investors, clients, contacts, suppliers, funding partners and job applicants and website visitors.
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 and Confidential Information described in this Policy according to the terms and conditions described herein.
Your rights in relation to the data and how to exercise them
You are entitled at any time to obtain confirmation of the existence of your Personal and Confidential Information and to be informed of the contents and origin, verify its accuracy, or else request that such data be supplemented, updated or rectified according to the provisions of local law.
Your Personal and Confidential Information is protected by legal rights, which include your rights to object to our processing of your personal data; request that your personal data is erased or corrected; request access to your personal data.
It is important to note that once we have entered into a financial transaction with you, the Personal and Confidential Information which is relevant from a contract law and regulatory perspective cannot be erased. Furthermore, to comply with anti-money laundering and other regulatory obligations, we are obliged to hold on to certain Personal and Confidential Information for 5 years following the cessation of the business relationship.
To exercise your rights and if you have any questions about how we collect, store and use Personal and Confidential Information, then please e-mail us at email@example.com
You also have a right to complain to the Information Commissioner’s Office which regulates the processing of personal data.
What Personal and Confidential Information do we collect?
From initial contact through to providing you with our services or working together in other ways, we may collect various Personal and Confidential Information about you. We may collect, store and use the following Personal and Confidential Information:
You acknowledge that the information provided by you in any manner may amount to personal or sensitive data under the Act and by continuing to use our sites you give consent to your data being processed as set out in this Policy.
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 your Personal and Confidential Information?
The ways in which we may use your Personal and Confidential Information necessarily depends on the relationship you have with us. For example, if you are a client, then we will use your Personal and Confidential Information to provide you with our services.
We only process the Personal and Confidential Information on legitimate grounds:
The processing operations connected with your Personal and Confidential Information are only handled by authorised subjects or by persons appointed on each case.
Potential borrowers: fraud prevention
If you are a potential borrower, you must be aware that it is a criminal offence 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 and Confidential Information about you.
The Personal and Confidential Information you have provided, we have collected from you, or we have received from third parties will be will be used to prevent fraud and money laundering, and to verify your identity.
Details of the Personal and Confidential Information 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 and Confidential Information to detect, investigate and prevent crime.
We process your personal data on the basis that we have a legitimate interest in preventing fraud and money laundering, and to verify identity, in order to protect our business and to comply with laws that apply to us. Such processing is also a contractual requirement of the services or financing you have requested.
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.
The Personal and Confidential Information you provide may also be used to check against the existing open accounts of 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.
If you would like to obtain further information explaining with which fraud prevention agencies we work, how data held by data prevention agencies may be used, you can request this information from us by sending us an e-mail at firstname.lastname@example.org or calling us on +44 20 3290 0160.
Who else may have access to your Personal and Confidential Information?
We may need to share your Personal and Confidential Information with third parties.
We may disclose your Personal and Confidential Information with authorities, including tax authorities, and regulators as required by law or regulation.
We may share your Personal and Confidential Information with our affiliates and subsidiaries.
To enable us to provide our services to you, we may need to share your Personal and Confidential Information with our business partners (including other professional advisers such as accountants or auditors), external service providers, software and IT sub-contractors and professional intermediaries.
If you are a potential borrower, we will assume, unless you instruct us otherwise in writing at the time of applying for the loan, that we can disclose your Personal and Confidential Information to third parties including our funding partners, funding vehicles, insurance providers, solicitors and other professional subcontractors, fraud prevention agencies and credit reference agencies. These third parties may keep a record of your Personal and Confidential Information. We impose contractual obligations on these third parties to protect your personal data.
Where you have provided us with Personal and Confidential Information about other people
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 and Confidential Information (including to outsourced service providers)
As described above, from time to time, we may need to transfer your Personal and Confidential Information to affiliates and third-parties who may have offices that are located in territories outside of the European Economic Area (“EEA”), in order to provide you with the services required.
Please note that the legal regimes of some territories outside of the EEA do not always offer the same standard of data protection as those inside the EEA, although we will ensure that your Personal and Confidential Information is only ever treated in accordance with this Policy and, if you are a client, our Agreement.
How we look after your Personal and Confidential Information
Personal and Confidential Information may be processed by either automated or manual methods. We have put in place appropriate technical and organisational security measures, such as confidentiality agreements, to protect your Personal and Confidential Information 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.
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.