2 Use of your information
DISCLOSURE - APPLICABLE DATA PROTECTION LAWS
IMPORTANT - USE OF YOUR INFORMATION
You have a right to know how we use your personal information. Please carefully read and understand this section 2.
Credit decisions and also the prevention of fraud and money laundering
We may use credit reference and fraud prevention agencies to help us make decisions. What we do and how both we and credit reference and fraud prevention agencies will use your information is detailed in sections 2.4 and 2.5 below.
The personal information we have collected from you will be shared with fraud prevention agencies who will use it to prevent fraud and money-laundering and to verify your identity. If fraud is detected, you could be refused certain services, finance or employment.
If you would like to read the full details of how your data may be used by us and these fraud prevention agencies and credit reference agencies, and your data protection rights, please contact our Data Protection Officer at the contact details stated below:
Data Protection Officer:
Pepper (UK) Limited
1 George Street
2.1 We may hold information in our records or with persons providing storage facilities and use and disclose information:
- to process, obtain and check other information, manage your account and administer any product or services that we provide you with at your request or otherwise;
- to perform obligations or exercise rights that we may have under any agreement with you;
- for the purposes of market research, statistical and business analysis and creating and maintaining a customer profile;
- to analyse and improve the content and functionality of our website (such as to determine pages of our website visited by users);
- to assess this mortgage product and further applications from you or other members of your household for this and other products and/or services and make decisions on questions about any such application(s), any agreement or correspondence which you may have with us;
- when responding to proceedings of a court of law or similar legal process, or in cooperating with law enforcement agencies; and/or
- with the intention of preventing, detecting, prosecuting or mitigating the consequences of fraud and money laundering or other crimes, trace debt and recover debt and to comply with applicable law and regulations.
2.2 We may disclose any information to and make enquiries to:
- any person (including any actual or potential party, that party's professional advisers and any rating agency) in connection with any actual or potential transfer (see section 8 below) and each such person may also rely upon the truth, completeness and accuracy of the information and may use the information for the purposes and as otherwise described in this Fair Processing Notice;
- any other party to any agreement with you and/or any other person with whom we have entered into or made and/or consider entering into or making any other arrangement in connection with any agreement with you (including in connection with the provision of funding to us);
- insurers of any asset securing or proposed to secure your liabilities;
- financial and other organisations involved in fraud prevention to prevent or detect fraud and protect themselves and their customers or to assist in verifying your identity;
- agents or contractors appointed to administer or operate your account or any agreement with you on behalf of us or otherwise to provide services to or on behalf of us for which such agents or contractors will have access to information;
- persons (including brokers, agents and solicitors) assisting you from time to time in connection with any agreement with you;
- market research organisations for the purpose of confidential market research conducted on behalf of us;
- the Electoral Register, any relevant legal and regulatory authorities and any other body having a legal right to access the information and anyone you authorise us to give information to;
- any person including (without limitation) current and previous lenders, other creditors, employers, landlords, accountants, bankers, registries, government bodies in the processing of any information and the administration of, or exercising our rights under, any agreement with you; and
- any credit reference agencies (CRAs), debt recovery agencies, tracing agencies and fraud prevention agencies (FPAs) (any of whom may keep a copy of such enquiry whether or not your application proceeds and this will be seen by other organisations that make searches).
2.3 A condensed guide to the use of your personal information by ourselves
(a) When you obtain a loan from us, we will check the following records about you and others (see (b) below):
- our own;
- those at CRAs; and
- those at FPAs.
Please see sections 2.4 and 2.5 for more details of how your personal information is used by ourselves and at CRAs and FPAs.
(b) If you made a joint application or tell us that you have a spouse or financial associate, we will link your records together so you must be sure that you have their agreement to disclose information about them.
(c) If you have borrowed from us and do not make payments that you owe us, we will trace your whereabouts and recover debts.
(d) Your data may also be used for other purposes for which you give your explicit consent or, in very limited circumstances, when required by law or where permitted under applicable data protection laws.
Where necessary, we will seek your explicit consent to the processing of special categories of personal data about you contained within the information for the purpose of administering any product or services we provide to you. Special categories of personal data comprises information relating to your health.
Information (including your name) may be disclosed to lenders and other creditors by being placed on registries or databases in which you have assets and/or are resident. If details of default are given to certain persons (including lenders, providers of finance, FPAs and CRAs) this may affect your ability to obtain further credit.
If you give false or inaccurate information and we or other organisations suspect fraud, this may be recorded. We and other persons may use this information, if decisions are made about you or others at your address(es), on credit or credit related services or motor, household, credit, life or any other insurance facilities and for debt tracing, claims assessment and to verify identities.
Both incoming and outgoing telephone calls may be recorded and monitored for training and quality control, to monitor compliance with any regulatory requirements, and to establish facts. Any recordings remain our sole property and will be retained in accordance with section 3 below. The content of such recordings may constitute your personal information, and as such will be processed in accordance with this Fair Processing Notice.
2.4 A condensed guide to the use of your personal information by us and Credit Reference Agencies (CRAs)
(a) In order to manage your mortgage product, we perform credit and identity checks on you with one or more CRAs and we may also make periodic searches at CRAs to manage your account with us.
(b) To do this, we supply your personal information to CRAs and they give us information about you. This includes information from your credit application and about your financial situation and financial history. CRAs supply to us both public (including the electoral register) and shared credit, financial situation and financial history information and fraud prevention information.
(c) We use this information to:
- assess your creditworthiness and whether you can afford to take the product;
- verify the accuracy of the data you have provided to us;
- prevent criminal activity, fraud and money laundering;
- manage your account(s);
- trace and recover debts; and
- ensure any offers provided to you are appropriate to your circumstances.
(d) We will continue to exchange information about you with CRAs while you have a relationship with us.
(e) We will also inform the CRAs about your settled accounts. If you borrow and do not repay in full and on time, CRAs will record the outstanding debt. This information may be supplied to other organisations by CRAs.
(f) When CRAs receive a search from us they will place a search footprint on your credit file that may be seen by other lenders.
(g) If you made a joint application, or tell us that you have a spouse or financial associate, we will link your records together, so you should make sure you discuss this with them, and share with them this information, before lodging any such applications. CRAs will also link your records together and these links will remain on your and their files until such time as you or your partner successfully files for a disassociation with the CRAs to break that link.
(h) The identities of the CRAs, their role as fraud prevention agencies, the personal information they hold, the ways in which they use and share personal information, data retention periods and your data protection rights with the CRAs are explained in more detail at https://www.peppergroup.co.uk/siteassets/downloads/CRAIN.pdf. CRAIN is also accessible from each of the three applicable CRAs – clicking on any of these three links will also take you to the same CRAIN document: Callcredit https://www.callcredit.co.uk/crain; Equifax https://www.equifax.co.uk/crain; Experian http://www.experian.co.uk/crain/index.html.
2.5 A condensed guide to the use of your personal information by us and Fraud Prevention Agencies (FPAs)
(a) Before we provide services, financing or a mortgage 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 about you.
(b) 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.
(c) Details of the personal information that will be processed include, for example: name, address, date of birth, contact details, financial information, employment details, device identifiers including IP address and vehicle details.
(d) We and FPAs may also enable law enforcement agencies to access and use your personal data to detect, investigate and prevent crime.
(e) We process your personal data on the basis that we have a legitimate interest in preventing fraud and money laundering, and to verify identity, in order to protect our business and to comply with laws that apply to us. Such processing is also a contractual requirement of the services, mortgage or financing you have requested.
(f) FPAs can hold your personal data for different periods of time, and if you are considered to pose a fraud or money laundering risk, your data can be held for up to six (6) years.
(g) If we, or a FPA, determine that you pose a fraud or money laundering risk, we may refuse to provide services, financing or a mortgage which you have requested, or we may stop providing existing services to you and we or an FPA may also pass this information to other FPAs and other organisations to prevent fraud and money laundering.
(h) A record of any fraud or money laundering risk will be retained by the FPAs, and may result in others refusing to provide services, financing or employment to you. If you have any questions about this, please contact us our Data Protection Officer whose contact details are set out at section 2 above.
(i) Whenever FPAs transfer your personal data outside of the European Economic Area, they impose contractual obligations on the recipients of that data to protect your personal data to the standard required in the European Economic Area. They may also require the recipient to subscribe to ‘international frameworks’ intended to enable secure data sharing.
(j) We and other organisations may access and use, from other countries, the information recorded by FPAs.
In order to process and use your personal information, we rely on one or more of the following legal bases:
(i) 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;
(ii) processing is necessary for compliance with a legal obligation to which we are subject; and/or
(iii) where applicable, you have given explicit consent to the processing of your special categories of personal information (e.g. medical information) for one or more specified purposes.
How to find out more
This is a condensed version and if you would like to read the full details of how your data may be used please contact our Data Protection Officer (see section 2 above).
You can contact the CRAs currently operating in the UK; the information they hold may not be the same so it is worth contacting them all. They will charge you a small statutory fee.
- CallCredit, Consumer Services Team, PO Box 491, Leeds, LS3 1WZ or call 0870 060 1414 or log on to www.callcredit.co.uk
- Equifax PLC, Credit File Advice Centre, PO Box 1140, Bradford, BD1 5US or call 0844 335 0550 or log on to www.equifax.co.uk
- Experian, Consumer Help Service, PO Box 8000, Nottingham NG80 7WF or call 0844 481 8000 or log on to www.experian.co.uk
Please contact our Data Protection Officer (see section 2 above) if you want to receive details of the relevant FPAs.
CRAs may use credit scoring methods to assess the information and to verify your identity.
Transfer of your information out of the EEA
We may transfer information for use in the ways described in this Fair Processing Notice to countries outside the European Economic Area (EEA) which may not have the same level of legal protection as countries within it. Any transfer of your personal data will be subject to the EU Model Clauses as permitted under applicable data protection laws that are designed to safeguard your privacy rights and give you remedies in the unlikely event of a misuse of your personal information. If you would like to find out more about any such transfers, please contact our Data Protection Officer whose details are set out in section 2 of this Fair Processing Notice.
Under applicable data protection law, you have a number of important rights free of charge. In summary, those include rights to:
- access to the personal information we hold about you;
- require us to correct any mistakes in your personal information which we hold;
- require the erasure of personal information concerning you in certain situations;
- receive the personal information concerning you which you have provided to us, in a structured, commonly used and machine-readable format and require us to transmit those data to a third party in certain situations
- object in certain circumstances to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you;
- object in certain other situations to our continued processing of your personal information; and/or
- otherwise restrict our processing of your personal information in certain circumstances.
If you would like to exercise any of these rights, please email or write to our Data Protection Officer (see details in section 2).