This Privacy Policy (“Policy”) describes how Fiduciam Nominees Limited, registered under the Data Protection Act 2018 (Act) with the Information Commissioner’s Office under registration reference ZA155195, and the Fiduciam Group (“Fiduciam” “we”, “us”, and “our”) collect, store and use Personal Data and/or other Confidential Data including information about borrowers, guarantors, brokers, intermediaries, sub-contractors, investors, clients, contacts, suppliers, employees and job applicants. Where the aforementioned are legal entities, we may collect, store and use information about their directors, shareholders and other beneficial owners.
This Policy intends to be an umbrella policy that shall be applicable to Fiduciam Nominees Limited and the Fiduciam Group in relation to their processing of Data in the context of their financing and direct lending activities, either as Data controllers or processors and in addition to any other potential policies applicable in any specific jurisdiction in which the Fiduciam Group operates.
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.
“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, including but not limited to a facility agreement, platform agreement, personal guarantee, non- disclosure agreement, engagement letter, security document, employment contract, etc. Such Agreement terms should be relied upon in determining liability for the services provided.
“Confidential Data” means non-public information relating to legal entities, assets, financial instruments, investments, activities, Agreements and which does not constitute Personal Data.
“Data” means Personal Data and Confidential Data.
“Fiduciam Group” means the following entities:
“Personal Data” means any information relating to an identified or identifiable natural person.
“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.
We are aware of our obligations under the European General Data Protection Regulation as amended (the GDPR), and the Data Protection Act 2018 as amended (the DPA), 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:
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.
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:
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, the principal categories of personal data processed and the applicable lawful bases:
Purpose | Data categories | Legal basis |
---|---|---|
For contact and communication purposes as well as to manage our business contacts. | Identification and contact Data. |
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To provide our services, which may involve:
| Identification, contact, financial, business, loan, loan security, investment portfolio composition and transactional Data. |
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To deal with suppliers, advisers, intermediaries and other professional experts, to manage internal administrative purposes which relate to the services Fiduciam offers to you, and to allow audits to be performed. | Identification, contact, financial, business, loan, security, investment portfolio composition and transactional Data. |
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To comply with our legal, regulatory and internal obligations, which include:
| Identification, contact, financial, business, loan, security and transactional Data. |
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To purchase, collect and recover debt, to collect Fiduciam’s fees, to recover costs, to make and receive payments, to service loans, to enforce loan provisions, to trace you in the case of a default, and to enforce on the loan security and/or your personal guarantee. | Identification, contact, financial, business, loan, security and transactional Data. |
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To prevent fraud and to apprehend and prosecute offenders. | Identification, contact, financial, loan, security and transactional Data. |
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To take underwriting decisions on loans and value any loan security; to enable us to act as principal for any financial transaction including mortgage loans; and to make cross-verification to reduce risk. | Identification, contact, financial, business, loan, security, investment portfolio composition and transactional Data. |
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To enable our funding partners to finance our loans, which may involve:
| Identification, contact, financial, business, loan, security, investment portfolio composition and transactional Data. |
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To enable third parties to perform loan servicing, including on a standby basis, which may involve:
| Identification, financial, business, loan, security, investment portfolio composition and transactional Data. |
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To obtain insurance, which may involve:
| Identification, financial, business, loan, security, investment portfolio composition and transactional Data. |
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For recruitment and selection purposes and to support and manage our staff. | Identification, contact, national insurance, fiscal, medical and academic Data |
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For statistical analysis and improving our website. | Technical Data and online identifiers. | Our legitimate interest in analysing our services to improve them. |
To handle complaints and enquiries. | Identification and contact Data |
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To promote our services. | Contact Data. | Your consent. |
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):
For processing operations in respect of Personal Data based on our legitimate interests, we have carried out a legitimate interest assessment to ensure that our interests are not prejudiced by your interests or fundamental rights and freedoms; you can request this assessment via the contacts listed at the end of this Privacy Policy.
Where we save and process your Personal Data based on consent, this shall typically be for:
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.
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 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.
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.
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 UK and 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 UK or EEA, we will ensure that it is protected and transferred in compliance with our legal obligations. Transfers outside of the UK or EEA may be achieved in one of the following ways:
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.
UK Privacy 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 at:
E-mail: [email protected].
Mail: Josaron House, 2nd Floor, 5-7 John Prince’s Street, London W1G 0JN
Telephone: +44 203 290 1933
Our Privacy Officer is the first point of contact for supervisory authorities, employees and customers. You also have the right to complain to the Information Commissioner’s Office in the UK (click here) if you are protected by the DPA.
European Economic Area Privacy 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 at:
E-mail: [email protected]
Mail: Parklaan 8, 3016, BB Rotterdam, the Netherlands.
Telephone: +31 (35) 799 4106
Fiduciam is not required to appoint a Data Protection Officer as per Article 37 of the GDPR and has instead appointed a Privacy Officer. Our Privacy Officer of Fiduciam Nominees Ltd (Dutch Branch) is responsible for any queries or complaints related to EU data. Our Privacy Officer is the first point of contact for supervisory authorities, employees and customers.
We are usually able to resolve privacy questions or concerns promptly and effectively. If you are not satisfied with the response you receive from our Privacy Officer, you may escalate concerns to our lead supervisory authority- Autoriteit Persoonsgegevens in Netherlands (click here) or the applicable privacy regulator in your jurisdiction.
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.
November 2023