fbpx Privacy Policy - Fresh Thinking Capital
Fresh Thinking Capital

Privacy Policy

­­­­­­­­FRESH THINKING GROUP

                                                     PRIVACY POLICY                                                                           

ABOUT THIS POLICY

We, the Fresh Thinking Group (as further explained in the “Data Controller” section below), are committed to protecting your personal data. This privacy policy explains how we handle the personal data which we hold including the personal data which we collect when you use this website at www.freshthinkingcapital.com or otherwise when we collect personal data from you such as if you call us, engage us to provide services or sign up to our email newsletters. This privacy policy applies to the ways in which we process your data as a result of our provision of lending services.

It also explains your privacy rights and how the law protects you including how we comply with the UK General Data Protection Regulation and Data Protection Act 2018 and other related legislation which relates to the use of personal data.

Additional information may be provided on particular pages of this website, for example on any specific pages where we collect personal data, and you should also refer to those. We also operate cookies on our website and information about that is also provided separately in our Cookies Policy.

DATA CONTROLLER

Either Fresh Thinking Capital Ltd (CRN: 109757671) (“FTC”) or Fresh Thinking Capital Two Ltd (CRN: 12601254) (“FTC Two”), (both with a registered office address at Park House, Park Square West, Leeds, LS1 2PW will be the controller of your personal data and will be responsible for the use of your personal data. Whether FTC or FTC Two is the controller will depend on which of the organisations provides the lending services in respect of which your personal data is processed.

Both FTC and FTC Two have appointed a data protection manager, who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the data protection manager, using the details set out below.

Address: Park House, Park Square West, Leeds, LS1 2PW

Email: Courtni.Cheeseman@freshthinkinggroup.com

Tel: 03300 552 255

You have the right to make a complaint to the Information Commissioner’s Office (“ICO”) which is the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, like the opportunity to assist you with any concerns before you approach the ICO so please contact us in the first instance using the details above.

 

 

 

 

YOUR OBLIGATIONS

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

If you provide us with information about any other person, for example any other individuals within your organisation or your business partners, then you must ensure that you have their consent to pass those details to us and for us to use those details in accordance with this privacy policy. You should also make sure that you bring this privacy policy to their attention.

THIRD-PARTY LINKS

This website may include links to third-party websites, such as our Facebook, Twitter, Instagram and LinkedIn social media page, and websites which contain online articles the Fresh Thinking Group has featured in, including Yorkshire Post, Business Money, Bdaily News and Business Link. Clicking on those links may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy policies. You should read any policies and other statements on such websites carefully.

DATA WE COLLECT ABOUT YOU AND HOW WE WILL USE IT

Personal data means any information about an individual from which that person can be identified. It does not include data which has been anonymised such that a person’s identity is removed.

The following table explains the types of personal data which we may collect, use, store and transfer. We will only use your personal data as the law allows us to. The categories of personal data which we use include:

  • Identity and Contact Data such as name, title and other identifiers, date of birth, copies of identity documents such as passport and driving licence, together with address, email address and telephone numbers.
  • Financial Data such as bank account details, bank statements, mortgage statements, tax return information, information about your income and expenditure (such as direct debits, standing orders and other borrowings and loans), details of your assets and liabilities and your credit history.
  • Criminal Conviction Data such as whether you have been subject of any convictions for fraud or dishonesty offences.
  • Marketing Data which includes information about how you prefer to be contacted with marketing information, and information about your communication preferences generally.
  • Technical Data including internet protocol (IP) address, your login data, browser type and version, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website. This may also include information about how you use our website and our products and services.

The table below also explains the purposes for which we use different categories of personal data and the legal basis or bases which we believe applies to those uses. We may process your personal data for more than one lawful basis depending on the purpose for which we are using your data.

 

 

 

 

 

 

Purpose

  

Types of personal data used

  

Lawful basis for processing
To deal with new enquiries and contacts. This might include queries raised either over the phone or via our website. Identity and Contact Data

 

 

 This will be necessary for our legitimate interests in running our business, for example to be able to respond to and deal with new enquiries and answer any questions about our services and our business more generally. We will need to use your contact data in order to respond to an enquiry which you may raise.
To process your loan application. This may also involve us disclosing personal data to for example, professionals involved in the matter such as accountants and solicitors, and third-party credit reference agencies.

 

 Identity and Contact Data

Financial Data

Criminal Conviction Data

 This will be necessary for us to undertake the specific steps of processing your loan application before we enter into a contract with you. It will also be necessary for us to comply with our legal and regulatory obligations.

In the case of Criminal Conviction Data, this is provided on the basis that you have consented to provide this to us by answering the relevant questions of the loan application process.
To provide our services to you, including for example, to manage your borrowing, to contact you, and to deal with our internal record keeping. This may also involve us disclosing personal data to for example, professionals involved in the matter such as accountants and solicitors.

To manage the relationship which we have with you, such as dealing with enquiries or complaints.

 Identity and Contact Data

Financial Data

 

 This will be necessary for the performance of the contract in place between us.

This will be necessary for our legitimate interests in ensuring that the services we provide are properly managed, and to comply with our regulatory obligations for example in respect of handling complaints.
Where the organisation you represent is one of our suppliers / contractors, to correspond with you about goods and/or services we have ordered from you and to make necessary arrangements with you, as well as to carry out any audits required. Identity and Contact Data

Financial Data

 The use of personal data of contact persons within supplier organisations is in our legitimate interests in order to allow us to manage enquiries, purchases and payments.

 
To administer our website, including troubleshooting, data analysis, testing, system maintenance and support. Identity and Contact Data

Technical Data

 

 This will be necessary for our legitimate interests in providing and improving our website and customer service to you, improving the services we offer you and to ensuring our website operates properly and for network security.
To ensure our third-party providers can perform their obligations to us, such as to complete credit reference checks via external credit reference agencies, and where appropriate, to obtain property valuations from our valuation provider. Identity and Contact Data

Technical Data

Financial Data

 This will be necessary for our legitimate interests in ensuring that our third-party providers perform their services for us and may be required for us to comply with our legal obligations and to take steps to process your loan application.

From time to time we may also use IT providers for the proper function of the website.
To ensure we comply with the rules specified by the Financial Conduct Authority (FCA) such as the rules relating to avoidance of money laundering and other financial crime. For example, we will collect your date of birth, and copies of identification documents (such as your passport and driving licence) to comply with those rules, as part of the loan application process, but will also carry out further checks on an ongoing basis. Identity and Contact Data

Financial Data

 This will be necessary to ensure that we comply with the legal obligations which we are subject to, particularly those we adhere to as an FCA regulated business, including regulations in relation to anti-money laundering.
To send you information about our services, including testimonials from existing and previous customers, and upcoming events. Identity and Contact Data

Marketing Data

Technical Data

 This will be necessary for our legitimate interest in developing, marketing and promoting our services.

 

 

 

 

 

 

In addition, we may disclose information about you to the extent that we are required to do so by law, in respect of any legal proceedings or prospective legal proceedings, in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk) and / or where we may otherwise do so in accordance with applicable data protection legislation.

We may also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Technical Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

HOW IS YOUR PERSONAL DATA COLLECTED?  

Most of the personal data which we hold is provided directly by you (or your colleagues), your broker, your accountant and/or your solicitor as part of the loan application process. We may also collect your personal data when you otherwise get in contact with us, for example by email or phone, or through your use of our website. For example, you might provide certain Identity Data when you complete our online form such as on our “Contact” page in order to get further information from us, or when you enter your email address to sign up to receive our email newsletters.

Some of the Technical Data which we collect may be collected automatically as you interact with our website for example via the use of cookies and similar technologies. For further information about how we use cookies, please read our Cookie Policy.

IF YOU FAIL TO PROVIDE PERSONAL DATA

Where we need to collect personal data by law, under the terms of a contract we have with the organisation you represent or for another lawful reason and you fail to provide that data, we may not be able to fully perform our obligations in accordance with our contract, provide you with the information you require or otherwise properly deal with your loan application or other request.

CHANGE OF PURPOSE

We will only use your personal data for purposes connected with the reasons that we collected it. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please also note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law, save for in the case of data we are only able to collect with your consent, such as information about any criminal convictions. In this case, we will always notify you of our proposed usage of this and ensure that you consent to this new usage.

DISCLOSURES OF YOUR PERSONAL DATA

We may transfer your personal data to other companies within our group structure (or to affiliated companies) to the extent that it is necessary to fulfil the purpose of the processing activity detailed above and provide related services. We have listed the relevant companies below and provided an example of why they may process your personal data although those examples are not exhaustive:

  • We Are Finance Ltd (CRN: 11634439) which may, for example, provide funding in place of FTC and FTC Two if requested;
  • Fresh Thinking Management Ltd (CRN: 10975463) which may for example, provides operational support services to the group of companies.
  • Fresh Thinking Network Ltd (CRN: 13898345) which may, for example, manage networking events on behalf of FTC and FTC Two;
  • Fresh Thinking Partners Two LLP (CRN: OC386815) which may, for example, provide consultancy and finance broker services;
  • Fresh Thinking Partners Ltd (CRN: 10529097) which may, for example, provide consultancy and business advisory services as well as funding when requested;
  • Fresh Thinking Property Ltd (CRN: 12601389) for example, process transactions for clients /properties on behalf of the FTC and FTC Two;
  • Fresh Thinking Property Two Ltd (CRN: 12601366) for example, process transactions for clients /properties on behalf of the FTC and FTC Two;

We may also transfer your data to third parties who provide their services to us. We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

We do not transfer your personal data outside the European Economic Area.

Please note that we may also need to disclose your personal information where we (i) sell any or all of our business or assets or we buy another business or assets in which case we may disclose your personal data to the prospective buyer or seller, (ii) are under a legal duty to comply with any legal obligation or in order to enforce or apply our terms and conditions; or (iii) need to disclose it to seek legal advice, to protect our rights, property or safety of our customers or others, including the exchange of information with other companies, organisations and/or governmental bodies for the purposes of fraud prevention and credit risk reduction.

MARKETING AND COMMUNICATIONS

From time to time we may use your data, including Identity and Contact Data, Technical Data and Marketing and Communications Data, to contact you with information about our services. You will receive such communications from us if you have given us your consent to them, or in some circumstances, where you are an existing or previous customer of ours.

Email communications may contain tracking beacons/tracked clickable links or similar server technologies in order to track subscriber activity within email marketing messages. Where used, such marketing messages may record a range of subscriber data relating to engagement, geographic, demographics and already stored subscriber data.

DATA SECURITY

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know it. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

DATA RETENTION 

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

Generally, we retain your personal data until the expiry of seven years after the end of our relationship with you (if we loaned monies to you), or until the expiry of seven months after your application aborted (if we did not loan monies to you).

In some circumstances, we may anonymise personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further reference to you.

YOUR LEGAL RIGHTS

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Those rights are listed below. Please contact us if you would like to exercise any of them.  You have the right to:

  • Request access to your personal data (a “data subject access request”). This means you can receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
  • Request correction of your personal data. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us. If you believe personal data we hold about you is inaccurate or incomplete, or any of the information you provide to us changes, please let us know as soon as possible so that we can make the necessary changes to the information we hold for you on our database.
  • Request erasure of your personal data. In some circumstances, you have the right to ask us to delete personal data we hold about you. This right is available to you: (i) where we no longer need your personal data for the purpose for which we collected it; (ii) where we have collected your personal data on the grounds of consent and you withdraw that consent; (iii) where you object to the processing and we don’t have any overriding legitimate interests to continuing processing the data; (iv) where we have unlawfully processed your personal data (i.e. we have failed to comply with GDPR); (v) where the personal data has to be deleted to comply with a legal obligation; and (vi) where the personal data we process relates to the offer of online services to a child. There are certain scenarios in which we are entitled to refuse to comply with a request. If any of those apply, we’ll let you know
  • Object to processing. You are entitled to object to us processing your personal data: (i) if the processing is based on legitimate interests or performance of a task in the public interest or exercise of official authority; (ii) for direct marketing purposes (including profiling); and/or (iii) for the purposes of scientific or historical research and statistics.

In order to object, you must have grounds for doing so based on your particular situation. We will stop processing your data unless we can demonstrate that there are compelling legitimate grounds which override your interests, rights and freedoms or the processing is for the establishment, exercise or defence of legal claims.

  • Request restriction of processing. In some circumstances you are entitled to ask us to suppress processing of your personal data. This means we will stop actively processing your personal data but we don’t have to delete it. This right is available to you: (i) if you believe the personal data we hold isn’t accurate – we’ll cease processing it until we can verify its accuracy; (ii) if you have objected to us processing the data (see above) – we’ll cease processing it until we have determined whether our legitimate interests override your objection; (iii) if the processing is unlawful; or (iv) if we no longer need the data but you would like us to keep it because you need it to establish, exercise or defend a legal claim.
  • Request a data transfer. We will provide to you, or your chosen third party, your personal data in a structured, commonly used, machine-readable format. This only applies to automated information which you provided consent for us to use or necessary to perform a contract with you.

 

  • Withdraw consent at any time where we rely on consent to process your personal data. This will not affect the lawfulness of processing carried out before you withdraw your consent. Please bear in mind that if you object this may affect our ability to carry out tasks for your benefit.

EXERCISING YOUR RIGHTS

You will not have to pay a fee to access your personal data (or to exercise any other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure personal data is not disclosed to a person who has no right to receive it. We may also contact you to ask you to clarify your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made several requests in which case, we will keep you updated.

 

Fresh Thinking Capital