Merchant Privacy Policy

 

Clearpay strives to be fair and open about the way we collect information about you and what we intend to do with the information. 

Data Protection Law

This privacy policy (‘the Privacy Policy’) applies to Clearpay Finance Limited (company number 05198026) (‘Clearpay’, ‘we’, ‘us’ or ‘our’), and details how we collect, manage and use Personal Information. By “Personal Information” we mean information that is associated with a specific person and can be used to reasonably identify that person.  Personal information does not include information that has been made anonymous, and cannot reasonably identify a specific person.  It covers how we collect, use, and share that Personal Information as of the date that the Privacy Policy is posted. 

Clearpay is committed to respecting the privacy of the Personal Information of your people (as defined below). We appreciate that individuals are concerned about the security of their Personal Information and we are committed to protecting any Personal Information in our custody or control. 

We are the data controller in respect of the Personal Information that you give to us and which we hold about your people. 

Clearpay may amend the Privacy Policy at any time. The updated version will be available by following the ‘Privacy’ link on our website at https://www.ClearPay.co.uk. The revised version will be effective from the time we post it on the website. From time to time Clearpay may highlight major changes to the Privacy Policy on its homepage, but we recommend you check the Privacy Policy regularly for changes. You agree to share any amended Privacy Policy with your people. 

 


Before you apply to be a Clearpay Retailer

 
If we contact your beneficial owners, directors or other employees of your business (referred to in the Privacy Policy as “your people”), their contact information (being information such as name, business email address, business address and business telephone number) will be obtained from publicly or commercially available sources, such as your website, LinkedIn and Companies House. In addition, we may collect information directly from your people, from time to time. Our use of information that we collect about your people is necessary for our legitimate interest of assessing whether you may be interested in applying to be a Clearpay Retailer. 

 


Where you apply to be a Clearpay Retailer

 
We will use Personal Information that we obtain about your directors and beneficial owners (referred to together in the Privacy Policy as “your directors”) to assess whether to accept you as a Clearpay Retailer. 

 
We will use your directors’ Personal Information to obtain information about them from credit reference and fraud prevention agencies to verify their identity and prevent fraud and money laundering. The searches we will make at the credit reference agencies will be "soft" searches which do not leave a footprint on the credit file of your directors.

 
Following the credit reference and fraud prevention agencies search, if we determine that any of your directors pose a fraud or money laundering risk, we may refuse to appoint you as a Clearpay Retailer. A record of any fraud or money laundering risk will be retained by us - The use of your directors’ Personal Information in this way is necessary as 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. 

 


Location of the Personal Information

 
The Personal Information that we collect in relation to your people may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also 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 support services. Where adequate protections for your people’s Personal Information do not exist under the applicable laws of that third country, we (or the party transferring your people’s Personal Information) will take necessary steps to ensure that appropriate safeguards are put in place to maintain the same levels of protection as are needed under UK data protection legislation. Safeguards include imposing contractual obligations on the recipient of your people’s Personal Information or subscription to ‘international frameworks’ that ensure adequate protection (for example, the EU-US Privacy Shield for transfers to the US). Please contact us for more information about the protections that are in place.

 
Whenever fraud prevention agencies transfer your people’s personal data outside of the European Economic Area, they impose contractual obligations on the recipients of that data to protect your people’s 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.

 
By submitting your people’s personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your people’s data is treated securely and in accordance with the Privacy Policy.

 


Your people’s rights

 
Your people have certain rights in relation to their Personal Information, being the right to (i) be informed about how their Personal Information will be used (at no cost to them or you), (ii) ask us to restrict processing, (iii) if it is technically feasible, transmit their Personal Information from our systems to a third party’s system in a safe and secure way, (iv) object to our use of their Personal Information where we are using it for the purposes of our legitimate interests as described in this agreement, (v) not to be subject to a decision when is it based on automated processing and it produces a legal effect or a similarly significant effect on them and if it does then they have the right to request a human intervention – please contact us using the contact details below for more information about exercising this right (vi) access their Personal Information at no cost (unless their request is unfounded or unreasonable), (vii) if their Personal Information is inaccurate or incomplete, then they can ask us to have it rectified, (viii) in certain circumstances, they have the right to ask us to delete their Personal Information. For more information or to exercise their data protection rights, your people should contact us using the contact details below.

 


Retention of your people’s Personal Information

 
Prior to you applying to become a Clearpay Retailer, if your people advise us that they did not wish to hear about our Clearpay product and/or be contacted again, their contact information will be deleted within 5 days of us being informed. 

 
If your application to become a Clearpay Retailer is declined or if your application is accepted but you do not proceed, we keep your people’s Personal Information for the remainder of the calendar year of the decline/acceptance, (as the case may be), plus 6 years, or as long as necessary to deal with any queries you may have. If your application is accepted and you proceed, we will hold your people’s Personal Information for the duration of our agreement and the remainder of the calendar year in which our agreement comes to an end, plus 6 years.

 


Resolving concerns

 
Please refer to our websites for details of our complaints procedure.

Your people have the right to lodge a complaint with the Information Commissioner’s Office where their data has or is being used in a way that they believe does not comply with data protection laws.

 

How to find out more

 
Your directors can contact the credit reference agencies currently operating in the UK; the information they hold may not be the same so it is worth contacting them all. They will charge a small statutory fee.

 
CallCredit, Consumer Services team, PO Box 491, Leeds, LS3 1WZ or call 0870 060 1414.

 
Equifax PLC, Credit File Advice Centre, PO Box 3001, Bradford, BD1 5US or call 0870 010 0583 or log on to www.myequifax.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.

 


These three credit reference agencies have together produced a joint Credit Reference Agency Information Notice (CRAIN) which provides further information as to how they use your personal data. You can find the most up to date version of the CRAIN at http://www.experian.co.uk/crain/index.html. 

 


If your people have any queries or concerns about the way in which we use their information, or if your directors want details of the relevant fraud prevention agencies, they can contact us at:

 
Data Protection Officer

Clearpay Finance Limited

Suite 226, Peter House

Oxford Street

Manchester

M1 5AN

or through the Contact Us section of our website which can be found by clicking here.


You must make your people aware of the content of the Privacy Policy.