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Privacy Declaration

In this Privacy Declaration, unless the context otherwise requires:

We, us, our means ClearPay Finance Limited trading as ClearPay (“ClearPay”/”we”/”us”), and any person to whom any of our respective rights and/or duties in connection with the agreement with you are transferred.

Group means any company within the ThinkSmart group of companies.

More information on ClearPay can be found at www.clearpay.co.uk

Data Protection Law

We are the data controller in respect of the information that you give to us and which we hold about you.

If we propose to enter into an agreement with you, it is a condition of you being assessed for that purpose for you to provide us with the personal information that we request from you (or from the retailer who introduces you to us) which it is necessary for us to have for the purpose of entering into the agreement with you, administering the agreement and for the purposes described below. If you fail to provide us with the information we request from you, we will not be able to proceed with the checks that we need to perform to enter into the agreement (described below) and, subsequently, we will not enter into the agreement with you.

Information We Require From You

Before we enter into an agreement with you, we will collect directly from you, or the retailer who introduces you to us will pass, the following information to us:

Title
First Name
Middle Name
Surname
Mobile Number
Date of Birth
Email address
Home Address
Credit or Debit Card Number / CV2 / Expiry
Name on the Credit or Debit Card

How We Use Your Information

(A) Before We Enter Into an Agreement with You

Purpose

Before we provide services, goods or financing 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. The personal data that we collect about you (listed above) will be used to prevent fraud and money laundering, and to verify your identity. These checks will also confirm whether you have any county court judgments.

Lawful basis of processing

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 financing you have requested.

(B) Administration

Purpose

Our main use of your information is to administer your agreement with us. We will use your information to process payments, notify you of any late or overdue payments and to contact you regarding any other matter relating to your agreement.

Lawful basis of processing

The use of your information in this way is necessary for the performance of the agreement with you and, initially, to take steps to enter into the agreement with you.

Purpose

We and fraud prevention agencies may also enable law enforcement agencies to access and use your personal data to detect, investigate and prevent crime.

Lawful basis of processing

We process your personal data on the basis that we have a legitimate interest in preventing fraud and money laundering.

(C) Credit Referencing and Fraud Prevention

Purpose

If you apply to us for credit, when processing applications, we will use the information that you provide to us to obtain information about you from credit reference agencies to verify your identity (ID search) and prevent fraud and money laundering. We will record information about you with them to help make decisions about your application. Following the ID search, if we determine that you pose a fraud or money laundering risk, we may refuse to provide the credit that you have requested. A record of any fraud or money laundering risk will be retained by us.

Lawful basis of processing

This is necessary for the purposes of our legitimate interests in establishing any risks in entering into an agreement with you and any risks throughout the agreement and to prevent, detect and prosecute fraud and other crimes.

Purpose

We will give details of any loan agreement that you have with us and how it is conducted to credit reference agencies and fraud prevention agencies. If you do not make repayments in full and on time, we will tell credit reference agencies who will record the outstanding debt. The information at the end of this Privacy Declaration (under ‘How To Find Out More’) provides a link which gives you further details about how credit reference agencies, fraud prevention agencies, we and other lenders use your information in this way – we currently submit data to both Experian and TransUnion (formerly Callcredit).

Lawful basis of processing

Use of your information in this way is necessary for the purposes of our legitimate interests in recovering any debt owed to us and detecting and preventing fraud. We currently obtain information from TransUnion (formerly Callcredit) (relating to the ‘ID search’) and we currently pass information about you to Experian and TransUnion (formerly Callcredit).

Please contact us at the details provided below in the ‘How to find out more’ section, if you would like the details of those credit reference agencies from which we obtain information (relating to the “ID search”) and the credit reference and fraud prevention agencies to which we pass information about you in accordance with this Privacy Declaration.

(D) Introducers, Agents and Other Third Parties

Purpose

We may pass your information to companies within our Group, who may use and update your information to assess lending risks, to recover debts, to prevent, detect and prosecute fraud and other crimes, and to manage our and any member of our Group’s relationship with you.

Lawful basis of processing

This is necessary for the purposes of our legitimate interests in establishing any risks in entering into an agreement with you and any risks throughout the agreement, the ability for us to recover any debt owed to us by you and for the administration of the agreement with you. The Group also has legal obligations that it must comply with (such as to report fraud).

Purpose

Sometimes we need to give information to the retailers who introduce you to us for the following purposes:

  • to enable the relevant retailer to deal with complaints made by you;
  • to coordinate responses to requests made by you relating to you rights under the Data Protection Laws;
  • to effect the exercise of any rights that you have under applicable laws and regulations.

Lawful basis of processing

This is necessary for the purposes of our legitimate interests in order to protect our business and to comply with relevant Data Protection Laws that apply to us.

Purpose

If we become entitled to terminate any agreement we have with you, we may pass your information to a debt collection agency in connection with recovery of monies due on your agreement.

Lawful basis of processing

Use of your information in this way is necessary for the purposes of our legitimate interests in recovering any debt owed to us.

Purpose

We will share your information with other organisations if we sell or buy any business or assets (as we will share your data with the prospective seller or buyer), or if we or substantially all of our company assets are acquired by another party, in which case your information will be one of the transferred assets.

Lawful basis of processing

This is necessary for the purposes of our legitimate interests to ensure that we or our business remains commercially viable.

Purpose

We will share your information with any funder who provides the finance for your agreement.

Lawful basis of processing

This is necessary for the purpose of our legitimate interests in maintaining our funding lines so that our business remains commercially viable.

(E) Call Recording

Purpose

We will record phone conversations with our customers.

Lawful basis of processing

This is necessary for the purposes of our legitimate interests to enable us to properly resolve complaints, to improve our service standards and for staff training purposes.

(F) Analytics

Purpose

We use analytics tools (including Google Analytics) on our website that are provided to us by third parties acting on our behalf; we will ensure that your information is secure and protected in accordance with our obligations under data protection law.

Lawful basis of processing

We use your information in this way as it is necessary for our legitimate interests in (i) detecting fraud by understanding behaviours and patterns that correlate to committing fraud; and (ii) understanding the customer journey so that we can understand your needs and provide a better service to you, and to help us develop and improve our products and services.

These tools may process some of your personal data by converting it into statistical or aggregated data.

Marketing Preferences

You can change the marketing preferences that you have selected at any time – to make a change please log into either the customer portal or the mobile app and select preferences, alternatively you can call us on 0161 333 2410.

Retention Of Your Information

Information that we provide to credit reference agencies remains on their file for 6 years after any loan agreement with us is closed, whether settled by you or upon default. Fraud prevention agencies 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 years.

If we have an agreement with you, when the agreement ends for any reason, we retain your records for the remainder of the calendar year in which the agreement ends plus six years, after which your information will be removed from our records.

All other information that we hold about you will be held for a period of six years from the end of the calendar year following the date of your application.

Location Of Your Information

The information that we collect from you 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 processing of your payment details and the provision of support services. Where adequate protections for your information do not exist under the applicable laws of that third country, we (or the party transferring your 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 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 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.

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

Your Rights

Under the Data Protection Act 1998 you have certain rights including the right of access to your personal data. We may charge a fee of £10 for this service. If anything is inaccurate or incorrect, please let us know and we will correct it.

You have the right to (i) be informed about how your information will be used (at no cost to you), (ii) ask us to restrict processing, (iii) if it is technically feasible, transmit your information from our systems to a third party’s system in a safe and secure way, (iv) object to our use of your 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 you and if it does then you 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 your information at no cost (unless your request is unfounded or unreasonable), (vii) if your information is inaccurate or incomplete, then you can ask us to have it rectified, (viii) in certain circumstances, you have the right to ask us to delete your personal information. For more information or to exercise your data protection rights, please contact us using the contact details below.

Customer Complaints

You have the right to lodge a complaint with the Information Commissioner’s Office where your data has or is being used in a way that you believe does not comply with data protection laws. We encourage you to contact us before making any complaint and we will seek to resolve any issues or concerns you may have.

Changes To This Privacy Declaration

We may make changes to this Privacy Declaration at any time by sending you an e-mail with the modified terms or by posting a copy of them on the customer area of our website. Any changes will take effect 7 days after the date of our e-mail or the date on which we post the modified terms on the customer area of our website, whichever is the earlier. Your continued use of the website after that period expires means that you agree to be bound by the modified policy.

How To Find Out More

You 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 you a small statutory fee.

TransUnion (formerly 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.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.

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. Although we perform searches with credit reference agencies, this is to verify your identity only and does not involve a full credit search.

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

Data Protection Officer
ClearPay Finance Limited
7th Floor, Oakland House,
Talbot Road,
Manchester,
M16 0PQ

or send an e-mail to [email protected] with the subject heading “data protection query”.

Retailer Privacy Declaration

Before you apply to be a ClearPay retailer

If we contact your beneficial owners, directors or other employees of your business (referred to herein 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 accessible 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 obtain information from credit reference and fraud prevention agencies about your directors and beneficial owners (referred to together in this Privacy Declaration as “your directors”). This is necessary for our legitimate interest of assessing your application and making decisions about you.

We will share information about your directors with credit reference and fraud prevention agencies. 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.

Fraud prevention agencies will use the information shared with them to prevent fraud and money-laundering and to verify identity. If fraud is detected, your directors could be refused certain services, finance or employment. Further details of how your director’s information will be used by us and these fraud prevention agencies, and your people’s data protection rights, can be found below.

Retention of your 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 does not proceed, we keep your people’s information for the remainder of the calendar year of the decline/acceptance, (as the case may be), 6 years plus or as long as necessary to deal with any queries you may have. If your application is accepted and you proceed, we hold your people’s information for 6 years from the date on which our agreement with you comes to an end, plus the remainder of the calendar year in which it comes to an end.

Information that we provide to credit reference agencies about your directors remains on their file for 6 years. Fraud prevention agencies can hold your directors’ personal data for different periods of time, and if one of your directors is considered to pose a fraud or money laundering risk, his or her data can be held for up to 6 years.

Location of your information

The 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 information do not exist under the applicable laws of that third country, we (or the party transferring your people’s 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 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 this Privacy Declaration.

Your rights

Your people have certain rights in relation to their information. From this date, your people will have the right to (i) be informed about how their 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 information from our systems to a third party’s system in a safe and secure way, (iv) object to our use of their 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 information at no cost (unless their request is unfounded or unreasonable), (vii) if their 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.

Customer Complaints

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. We encourage you or your people to contact us before making any complaint and we will seek to resolve any issues or concerns they may have.

Changes to this privacy declaration

We may make changes to this Privacy Declaration at any time by sending you an e-mail with the modified terms or by posting a copy of them on the “ClearPay Retailer” area of our website. Any changes will take effect 7 days after the date of our e-mail or the date on which we post the modified terms on the website, whichever is the earlier. You agree to share any amended privacy declaration with your people.

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.

TransUnion (formerly 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.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.

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
7th Floor, Oakland House,
Talbot Road
Manchester
M16 0PQ

or send an e-mail to [email protected] with the subject heading “data protection query”.

You must make your people aware of the content of this Privacy Declaration.

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