Introduction

 

This Privacy Policy (“Policy”) describes how Fiduciam Nominees Ltd, Fiduciam Services Ltd., Fiduciam Ltd and Fiduciam Holdings Ltd (collectively “Fiduciam”) collects, stores and uses personal information and/or other confidential information (collectively, “Personal and Confidential Information”) including information about borrowers, guarantors, brokers, intermediaries, sub-contractors, investors, clients, contacts, suppliers and job applicants.

In this Policy, we use the terms:

“we”, “us”, and “our” (and other similar terms) to refer to either:

• Fiduciam Nominees Limited,
• Fiduciam Services Limited,
• Fiduciam Limited,
• In each of the above cases the relevant entity will be the data controller as prescribed in the entity’s local law (the “Data Controller”). In the UK Fiduciam Nominees Ltd is the Data Controller.

 

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 notice@fiduciam.co.uk

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:

• Information you provide us with. You may give us information about you by filling in forms or by corresponding with us by phone, e-mail, during meetings or otherwise. This also includes information you provide when you register with us. The information you give us may include your name, address, e-mail address, phone number, date of birth, nationality, passport or national ID number and expiry date, marital status, tax identification number, employment details, bank details, passwords, financial information, corporate information, financial income, personal assets and liabilities, bankruptcy history, court judgements, sensitive information such as medical information, credit history, references, credit reports, track record and CV, business plans, project descriptions, trading performance, shareholders, directors, partners and beneficial owners, correspondence, etc.
• Information from third parties. We may obtain information about you from third parties such as fraud prevention agencies, credit agencies, banks, public authorities, tax authorities, employers, referees, insolvency practitioners, debt advisors, tracing agents, accountants, RICS surveyors, intermediaries and brokers, consultants, commercial databases, the electoral register, publicly available information sources, other lenders, etc.
• Information from technical sources. We may obtain information about you by web scraping, algorithmic models, cookies and tracking (IP address and URL clickstream).

 

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.

 

Cookies

 

Our sites use cookies to distinguish you from other users of our sites. This helps us to provide you with a good experience when you browse our sites and also allows us to improve our sites (amongst others). By continuing to browse the sites, you are agreeing to our use of cookies.

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:

• Strictly necessary cookies. These are cookies that are required for the operation of our sites. They include, for example, cookies that enable you to log into secure areas of our sites.
• Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our sites when they are using it. This helps us to improve the way our sites work, for example, by ensuring that users are finding what they are looking for easily.
• Functionality cookies. These are used to recognise you when you return to our sites. This enables us to personalise our content for you and remember your preferences.
• Targeting cookies. These cookies record your visit to our sites, the pages you have visited and the links you have followed. We will use this information to make our sites more relevant to your interests.

 

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:

• For contact and communication purposes;
• For contractual and legal reasons if you have entered into a transaction with us;
• To comply with relevant regulation such as anti-money laundering regulations;
• To provide our services;
• To receive services from our suppliers needed for the services we offer to you;
• To assess your loan application and credit profile;
• To evaluate your business;
• For opening and maintaining accounts;
• For enforcing loan provisions or tracing you in the case of a default;
• To comply with anti-money laundering, counter-terrorist financing and anti-bribery regulations;
• To comply with know-your-customer practices;
• To recover debt;
• To collect our fees or costs;
• To make and receive payments;
• For recruitment and selection purposes;
• To apply correct withholding taxes;
• To prevent fraud;
• To evaluate your personal guarantee;
• To evaluate the probability you may not be able to service the loan;
• To value any loan security;
• To understand your overall financial and business situation, as well as your credit track record and reputation;
• To take underwriting decisions on loans;
• For internal administrative purposes which relate to the services we offer to you;
• To share with third parties who provide us with funding to grant the loans;
• To share with insurance companies to cover some of the risk inherent in the services we offer to you;
• For cross-verification to reduce risk;
• To better understand your financial objectives;
• To improve our website; and
• Any other purposes which may not be mentioned explicitly but are coherent with the above purposes.

 

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 notice@fiduciam.co.uk 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

 

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, understand and agree to the terms of this Privacy 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 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.

 

Changes to our privacy policy

 

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.

 

July 2017