Privacy Policy

22nd May 2018

Funding Options Limited (“we”, “us”, “our”, “Funding Options”) take data protection very seriously and we are committed to taking care of your business data and any data that may be used to identify individuals (“personal data”) in the course of operating the Funding Options service (“Service”). This Privacy Policy (“Privacy Policy”), which includes our Cookie policy (“Cookie Policy”), sets out the basis on which we will collect, process, store and disclose personal data as a controller under the Data Protection Act 1998/2018 (including the General Data Protection Regulation (EU) 2016/679, and any replacement statute from time to time (the “DPA”).

Capitalised terms not otherwise defined in this Privacy Policy shall have the meaning given to them in your contract with us for the supply of the Service (the “Service Agreement”), of which this Privacy Policy forms part, or the DPA.

The Service Agreement and the Privacy Policy determine our responsibilities under the DPA.

By using our Services, you agree to grant us a royalty-free, transferable, sub-licensable, license to use your personal data for the purposes and on the basis set out in this Privacy Policy.

If you have any questions regarding this Privacy Policy, please email us at support@fundingoptions.com. We are registered with the Office of the Information Commissioner (Z2992318).

1. The information we collect

We only collect personal data relevant to your finance applications via the Service. Such personal data may be given directly by you or by others authorised to act or share such information on your behalf. The table in Annex A specifies the personal data we collect, the relevant purpose and the legal basis for processing.

To keep your personal information up-to-date, please advise us of any changes by e-mail to support@fundingoptions.com, and as soon as possible after any change in your name, residential address, telephone number, e-mail address and any other such important details.

2. Disclosure of your information

We will keep your personal data confidential and only disclose it to others for the purposes explained in Annex A.

3. Processing of personal data not provided to us by you

We may receive personal data from existing or prospective providers of finance to you (“Finance Providers”) in the course of considering whether to make an application or making an application to them.

We will also check your details with a fraud prevention agency/agencies and if you give false or inaccurate information and we identify fraud, this will be recorded and may be shared by those agencies with other organisations and us, so that we and other organisations, including law enforcement agencies and debt collection agencies, may access, use and search these records to:

  1. Help make decisions about credit and credit related services, for you and members of your household;
  2. Help make decisions on motor, household, credit, life and other insurance proposals and insurance claims, for you and members of your household;
  3. Trace debtors, recover debt, prevent fraud, and to manage your accounts or insurance policies;
  4. Prevent fraud and money laundering, for example, when:
    • Checking details on applications for credit and credit related or other facilities;
    • Managing credit and credit related accounts or facilities;
    • Checking details on proposals and claims for all types of insurance; and
    • Checking details of job applicants and employees.

You acknowledge that credit reference agencies link together the records of you and anyone that you have advised is a financial associate (e.g. someone with whom you have a joint credit account) including previous and subsequent names of parties to the account. Links between financial associates will remain on your, and their, credit reference files until such time as you or your partner successfully files for a disassociation with the credit reference agencies. When assessing the affordability of your repayments, we may take into account information about your financial associates in your credit reference.

If you want to receive details of the relevant fraud prevention agencies, please email us at support@fundingoptions.com.

More information about credit reference agencies, their role as fraud prevention agencies, the data they hold, for how long, your rights and how they use personal data is available at the following links to each agency’s Credit Reference Agency Information Notice:

4. Use of Personal Information

We may use the personal data we hold in one or more of the following ways explained in Annex A to this Policy.

5. Where and how we store your personal data

We will take all steps reasonably necessary to ensure that your personal data is treated and stored securely and in accordance with this Privacy Policy. When we receive your personal data, we will use (and require our suppliers to use) procedures and security features to try to prevent unauthorised and unlawful access and processing, as well as accidental loss or destruction of, or damage to it. Transmission of information, however, is not completely secure and, while we will do our best to protect your personal data in the course of transferring it ourselves, we cannot guarantee the security of your data when it is send to us and any such transmission is at your own risk.

We currently store the personal data described in Annex A in the UK, but you acknowledge and agree that personal data may be transferred to, and stored at, any destination(s) outside the UK including outside the European Economic Area ("EEA") and may be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff may be engaged in, among other things, the provision of customer support or other services (such as data processing and analysis). We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.

Your personal data will be stored for the duration of the Service Agreement and for such time thereafter as required by Applicable Law or the limitation period for bringing contractual claims under or in relation to the Service Agreement.

6. Your rights

The table in Annex B to this Privacy Policy explains your rights under the DPA and how to exercise them. This Privacy Policy provides confirmation of the details required in relation to your right of access.

The Service may contain links to and from the websites of other service providers who may have their own privacy policies. Where you follow those links we do not accept any responsibility or liability for how those service providers collect, use, process, disclose or store your personal data. Please check their privacy policies before you submit any personal data directly via those websites or to those third parties.

You can complain to the Information Commissioner’s Office if you consider there has been a breach of the DPA in connection with your personal data.

This Privacy Policy shall be governed by and construed in accordance with English law and the parties agree that the courts of England shall have exclusive jurisdiction to decide any dispute arising under it, except that you may bring proceedings in the courts of Northern Ireland or Scotland if you are resident in either of those jurisdictions.

Annex A

Personal Data Collected Purpose Basis for processing
  1. Information that you provide by filling in forms on the Service. This includes information provided atthe time of registering to use the Service, posting material, requesting further services and reporting a problem with the Service;
  2. Information about your financial interests, financial position, or repayment history;
  3. Your contact details, including your e-mail address, home address and telephone numbers;
  4. Records of any telephone calls and other communications between you and us;
  5. Checks to establish the creditworthiness of your Business.
  • To manage and administer the Service;
  • To enable you to use and interact with the Service (and Finance Providers where necessary);
  • To deal with enquiries, complaints and feedback from you;
  • To give you any notices under the Service Agreement;
  • To keep you informed about your dealings with us and applications for finance;
  • To update our records;
  • To assess credit and insurance risks, including creditworthiness and affordability;
  • To identify, prevent, detect or tackle fraud, money laundering and other crime;
  • To carry out checks required by applicable regulation or regulatory guidance;
  • To carry out our obligations arising from and exercise our rights under, any agreements between you and either of us or other users of the Service;
  • To check any instructions given to us, for training purposes, for crime prevention and to improve the quality of our customer service;
  • For statistical analysis;
  • To develop and improve the Service;
  • To ensure that content on the Service is presented in the most effective manner for you and for your device(s) from which we support access to the Service;

To disclose to the following third parties:

  • To Finance Providers to whom you are making an application for finance via the Service;
  • To a credit reference agency to check your identity and to prevent fraud, (it will also keep a record of your request and use it whenever anyone applies to be authenticated in your name);
  • To our agents and subcontractors to use for the purpose of operating the Service, including customer support and providing services to us;
  • To investigate, prevent or detect fraud or carry out checks against money laundering;
  • To organisations providing a centralised application matching service which they collect from and about credit applications, for the purpose of preventing and detecting fraud;
  • For audit purposes and to meet obligations to any relevant regulatory authority or taxing authority.
  • If we sell or buy any business or assets, in which case it may disclose your personal data to the prospective seller or buyer of such business or assets, and personal data held by us will be an asset transferred;
  • If we must disclose your personal data to comply with any legal obligation, enforce any agreements to which you are a party, protect our rights, property, safety or that of our other customers or third parties (for example for protection against fraud and reducing credit risk);
  • To comply with a current judicial proceeding, a court order or legal process served on us or our Service, any request by the FCA or any other regulator who may have jurisdiction over us from time to time or for audit purposes and to meet obligations to any relevant regulatory authority or taxing authority;

(b) processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract;

(c) processing is necessary for compliance with a legal obligation to which we are subject;

(f) processing is necessary for the purposes of the legitimate interests pursued by us or a third party, except where such interests are overridden by your interests or fundamental rights and freedoms which require protection of personal data.

information obtained by our cookies (see our Cookie policy) about the device(s) you use to access the Service and your visits to and use of the Service (including your Internet Protocol address, location, browser/platform type and version, internet service provider, operating system, referral source, exit pages, length of visit, page views, website navigation and search terms used)

  • to improve your browsing experience by personalising the Service;
  • To develop and improve the Service;
  • To ensure that content on the Service is presented in the most effective manner for you and for your device(s) from which we support access to the Service;

To disclose to third parties:

  • To comply with a current judicial proceeding, a court order or legal process served on us or our Service, any request by the FCA or any other regulator who may have jurisdiction over us from time to time or for audit purposes and to meet obligations to any relevant regulatory authority or taxing authority;
  • If we must disclose your personal data to comply with any legal obligation, enforce any agreements to which you are a party, protect our rights, property, safety or that of our other customers or third parties (for example for protection against fraud and reducing credit risk);

(b) processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract;

(f) processing is necessary for the purposes of the legitimate interests pursued by us or a third party, except where such interests are overridden by your interests or fundamental rights and freedoms which require protection of personal data.

We may make and retain copies of passports or other identification evidence that you provide for anti-money laundering and anti-fraud purposes;

  • To identify, prevent, detect or tackle fraud, money laundering and other crime;
  • To carry out checks required by applicable regulation or regulatory guidance;

To disclose to third parties for:

  • To comply with a current judicial proceeding, a court order or legal process served on us or our Service, any request by the FCA or any other regulator who may have jurisdiction over us from time to time or for audit purposes and to meet obligations to any relevant regulatory authority or taxing authority;
  • If we must disclose your personal data to comply with any legal obligation, enforce any agreements to which you are a party, protect our rights, property, safety or that of our other customers or third parties (for example for protection against fraud and reducing credit risk);
  • to a credit reference agency to check your identity and to prevent fraud, (it will also keep a record of your request and use it whenever anyone applies to be authenticated in your name);
  • to organisations providing a centralised application matching service which they collect from and about mortgage and/or credit applications, for the purpose of preventing and detecting fraud;

(b) processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract;

(c) processing is necessary for compliance with a legal obligation to which we are subject;

(f) processing is necessary for the purposes of the legitimate interests pursued by us or a third party, except where such interests are overridden by your interests or fundamental rights and freedoms which require protection of personal data.

Your contact details and product preferences

  • To provide you with information, products or services that you request or which we decides may interest you;
  • For statistical analysis;
  • To identify which products or services or elements of the Service or other products might interest you, including from third parties so as to enable them to contact you and us about your situation;

With your consent

Annex B

Your Rights

Your Rights and How to Exercise Them Exception

Right of Access: To obtain from us confirmation as to whether or not personal data concerning you are being processed, and, where that is the case, access to the personal data and the following information: (a) the purposes of the processing; (b) the categories of personal data concerned; (c) the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations; (d) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period; (e) the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing; (f) the right to lodge a complaint with a supervisory authority; (g) where the personal data are not collected from the data subject, any available information as to their source; (h) the existence of automated decision-making, including profiling, referred to in Article 22(1) of the GDPR and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

How to exercise:

This Privacy Policy provides confirmation of the details required in relation to your right of access.

Under the DPA, you have a right to access certain personal records that we hold about you. Any access request may be subject to a fee to meet our costs in providing you with details of the information we hold about you if the request is unfounded or excessive. You can exercise the right at any time by contacting us at support@fundingoptions.com.

Right to rectification: to obtain from us without undue delay the rectification of inaccurate personal data concerning you.

We must communication to each recipient to whom the rectified personal data have been disclosed, unless this proves impossible or involves disproportionate effort.

We shall inform the data subject about those recipients if the data subject requests it.

You can exercise the right at any time by contacting us at support@fundingoptions.com.

Right to erasure: to obtain from us the erasure of personal data concerning you without undue delay where:

(a) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;

(c) you object to the processing based on legitimate interest where there are no overriding legitimate grounds for the processing;

(d) the personal data have been unlawfully processed;

(e) the personal data have to be erased for compliance with a legal obligation to which we are subject.

We must communication to each recipient to whom the erased personal data have been disclosed, unless this proves impossible or involves disproportionate effort.

We shall inform the data subject about those recipients if the data subject requests it.

You can exercise the right at any time by contacting us at support@fundingoptions.com.

Processing is necessary for

(b) compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in us; or

(e) the establishment, exercise or defence of legal claims.

Right to request the restriction of processing concerning you: to obtain from us restriction of processing where:

(a) the accuracy of the personal data is contested by you, for a period enabling us to verify the accuracy of the personal data;

(b) the processing is unlawful and you oppose the erasure of the personal data and request the restriction of its use instead;

(c) we no longer need the personal data for the purposes of the processing, but it is required by you for the establishment, exercise or defence of legal claims;

(d) you object to the processing based on legitimate interest pending the verification whether our legitimate grounds override yours.

We must communication to each recipient to whom the restricted personal data have been disclosed, unless this proves impossible or involves disproportionate effort.

We shall inform the data subject about those recipients if the data subject requests it.

You can exercise the right at any time by contacting us at support@fundingoptions.com.

Where processing has been restricted under this right, such personal data shall, with the exception of storage, only be processed:

with your consent; or

for the establishment, exercise or defence of legal claims; or

for the protection of the rights of another natural or legal person; or

for reasons of important public interest of the Union or of a Member State.

The right to data portability: to receive the personal data concerning you which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from us, where:

(a) the processing is based on consent or is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract; and

(b) the processing is carried out by automated means.

You have the right to have the personal data transmitted directly from us to another controller, where technically feasible.

The exercise of the right referred to in the first paragraph of this Article shall be without prejudice to the right to erasure.

You can exercise the right at any time by contacting us at support@fundingoptions.com.

That right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us.

The right to object to processing: to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on processing necessary for the purposes of the legitimate interests pursued by us or a third party (except where such interests are overridden by your interests or fundamental rights and freedoms which require protection of personal data), including profiling.

You can exercise the right at any time by contacting us at support@fundingoptions.com.

Where:

(a) we demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject; or

(b) or the establishment, exercise or defence of legal claims.

The right to ask us not to process your personal data for direct marketing purposes:

to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.

You have the right to ask us not to process your personal data for marketing purposes. We will inform you if we intend to use, or disclose your information to any third party, for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms used to collect your data.

You can exercise the right at any time by contacting us at support@fundingoptions.com.

The right not to be subject to automated individual decision-making, including profiling: to not be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.

You can exercise the right at any time by contacting us at support@fundingoptions.com.

If the decision:

(a) is necessary for entering into, or performance of, a contract between you and us;

(b) is authorised by Union or Member State law to which we are subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests; or

(c) is based on the data subject's explicit consent.

In the cases referred to in points (a) and (c) we shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on our part, to express his or her point of view and to contest the decision.