FRESH THINKING GROUP
ABOUT THIS POLICY
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.
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.
Address: Park House, Park Square West, Leeds, LS1 2PW
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.
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.
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:
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.
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
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
|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
|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
|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
|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
|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
|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.
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.
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 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.
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.
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:
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.
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.