Fair Processing Notice for Clients & Sureties

If you are a Relevant Individual in relation to a company, sole trader or partnership that makes an application for an invoice finance facility to eCapital Commercial Finance Group (“we”, “us” or “our”),  you have a right to know how we will use personal information about you.  It is important that each Relevant Individual is made aware of the matters referred to below. 

In this notice, ‘Agreement’ refers to an agreement between us and a client under which we provide an invoice finance facility. 

Credit Reference and Fraud Prevention Agencies 

In considering applications we will search each Relevant Individual’s record with our credit reference agency or agencies.  They will add to their record details of our search.  This will be seen by other organisations that make searches with such agency to: 

• help make decisions about credit and credit related services, for the Relevant Individuals and members of their households; 
• trace debtors, recover debt, prevent money laundering and fraud; 
• manage accounts.
  

The credit reference agency will also use the records for statistical analysis about credit.  We will also check each Relevant Individual’s identity with our credit reference agency to prevent money laundering unless we are provided with satisfactory proof of identity. We may provide your name and email address to our third-party provider of facial recognition technology so that they may contact you and invite you to take part in an online process to verify your identity.  

Full details of the use of information by credit reference agencies can be found at:- 

https://help.creditsafeuk.com/en/support/solutions/folders/7000028677 

It is important that you always give us accurate information. We may at any time search your record with our fraud prevention agency.  If at any time you give us or procure the giving of false or inaccurate information and we suspect fraud we will record this. Our fraud prevention agency will use information recorded for statistical analysis about fraud and will also share it with other organisations to: 

• help make decisions on motor, household, credit, life and other insurance proposals and claims by you, members of your household or any other businesses associated with you; 

• prevent fraud.
  

Other uses of Personal Information 

Personal Information about Relevant Individuals will be used by us to decide whether and upon what terms to enter into an Agreement with you or your organisation.  It will also be used by us for training purposes, credit or financial assessment, market and product analysis, market research and preparing statistics.   

Personal Information about you will also be used so that we can develop, improve and market our services to you and other clients and to protect our interests (including establishing credit limits for the benefit of other clients or obtaining settlement of any liability of yours to us).  You agree that in future we may use some or all of the information to be held about you (from wherever obtained) to decide whether to continue with an Agreement or to vary its terms.  

We will tell you if we make a significant decision about you solely using an automatic decision making process, such as credit scoring.  If your request is refused you can then request a review by us of the decision using other means. 

We may also give information about the Relevant Individuals and the invoice finance facility to: 

• businesses who provide insurance services to us – to quote for and issue any policy and deal with any claims; 
• any proposed guarantor or indemnifier of the prospective client’s obligations to us – so they can decide whether to proceed; 
• any bankers or adviser acting on our, your or their, behalf – so they can carry out their services to us, you or them; 
• any business providing a similar service to ours to whom you may wish to transfer – to facilitate such transfer; 

• any business to whom we may wish to transfer the debts – to facilitate such transfer; 
• anyone else to whom we transfer our rights or duties under an Agreement – so they can comply with or enforce the Agreement; 
• other organisations – so they can assess applications by you for credit or financial services; 
• other organisations providing us with finance.
  

For training and/or security purposes your phone calls to us may be monitored and/or recorded. 

Legal Basis for Processing 

We consider that our processing of personal information is necessary for our legitimate interests in assessing applications and operating Agreements. It is a requirement of entering into an Agreement. 

We normally retain personal information for a period of 12 months from receipt for an enquiry which does not result in an Agreement, and where an Agreement is made, for a period of 6 years after its termination. 

The personal data we process about you 

We may process personal data including your name, address, email address, telephone number, your financial data, job role or title, details of your shareholdings, your credit history, and images of your appearance (where you agree to the use of facial recognition technology). We do not normally collect any special categories of personal data about you, but if we do, we will request your prior consent. 

Your right to object 

You have a right to object to our processing your information on grounds relating to your particular situation where we are relying on a legitimate interest and you feel the processing impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms. 

Your other rights 

You may wish us to amend or delete information we hold, and you have the right to request from us access to and rectification or erasure of personal information or restriction of its processing. Further details of these rights and the way we process your personal data can be found in our Privacy Policy available at ecapital.co.uk. 

Supervisory authority 

You also have a right to complain about our use of your personal information by making a complaint the Information Commissioner’s Office (ICO), the UK regulator for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

Marketing 

We would like to send you information about products, services and topical information that we think would be of interest to you. 

You have the right, at any time, to stop us from contacting you or processing your information for marketing purposes. 

How to contact us 

Each Relevant Individual can telephone our Data Protection Compliance Officer on 01491 824993 if they want to contact us about this notice or to request details of the credit reference and fraud prevention agencies from whom we obtain and with whom we record information about them.  They have a legal right to these details. 

They also have a right at any time to receive a copy of the information we hold about them if they apply to us in writing at 9^th Floor, Reading Bridge House, George Street, Reading, RG1 8LS. We may need to request specific information from them to help us confirm their identity and ensure their right to access their personal data (or to exercise any of your other rights).