Privacy Notice – Customers (last update: 03.07.18)

Under the EU’s General Data Protection Regulation personal data is defined as:

‘any information relating to an identified or identifiable natural person (data subject).’

For us to provide a revolving credit facility to pay for any goods or services, we need to collect personal data limited to contact details and information to verify identity. This is in respect of platform signatories and admin users as well as directors and shareholders with a holding of 20% or more. Failure to provide this information may result in us being unable to provide the facility. Therefore, processing your personal data is necessary for the performance of a contract to which you have entered into, or in order to take steps at your request prior to entering into a contract.

In any event, we are committed to ensuring that the information we collect and use is appropriate for this purpose, and does not constitute an invasion of your privacy.

We may pass your personal data onto third-party service providers contracted to Pay4 to support us in providing a facility to you. Any third parties that we may share your data with are obliged to keep your details secure, and to use them only to support the fulfilment of the service we provide to you. When they no longer need your data to fulfil this service, they will dispose of the details in line with Pay4’s procedures.

The third-party entities we pass your information onto are as follows:

• Pay4’s funders
• Pay4’s credit insurers
• Platform and other IT software providers
• Legal advisors including, where appropriate, debt recovery providers
• Payment service providers
• Identity verification providers

Full details of the third-party service providers we use are available from our Data Protection Representative on request (detailed below).

Pay4 will process (collect, store and use) the information you provide in a manner compatible with the EU’s General Data Protection Regulation.

Credit Reference Agencies

You understand that when we assess any credit application, including any future request for new or increased facilities, we will use the information (including information about the conduct of any existing facility) for credit assessment, which may include credit scoring.

We may make any enquiries relating to you and the business that we consider necessary (for example, from other financial institutions) and search the files of credit reference agencies at your home and business address, who will keep a record of each search.

The credit reference agencies will supply both public (including the electoral register) and shared credit and fraud prevention information. This could affect your ability to get credit elsewhere within a short period of time.

If you are a director, we will seek confirmation from credit reference agencies that the residential address that you provide is the same as that shown on the restricted register of directors’ usual addresses at Companies House. Details about any applications (whether or not they go ahead) will be recorded at the credit reference agency, including information on the business and its proprietors, and credit reference agencies may create a record of the name and address of your business and its proprietors if there is not one already.

A financial link between joint applicants or between you and any named business partner or individual will be created at the credit reference agency. This will link your financial records (including records of any previous and subsequent names), where each will be taken into account in all future applications by either or both of you.

If an association linking your financial records with those of any other person already exists at the credit reference agency, any applications will be assessed with reference to these associated records. This situation will continue until one of you successfully files a ‘disassociation’ at the credit reference agency.

We will also pass details about you, the business and the conduct of your account (if this application is successful) to credit reference agencies. You understand that this will include any failure to make agreed payments, and that this information may affect your ability to get credit.

Verifying your identity and fraud checks

Before we can approve a facility for you, we and other organisations may search and use the records held by credit reference and fraud prevention agencies to prevent and investigate crime, fraud and money laundering, in order to prevent or detect fraud. We may make searches at credit reference agencies who will supply us with information, including information from the electoral register, for the purposes of:

• to check details on applications for credit facilities
• to verify your identity
• to manage credit and credit-related facilities
• to recover debt and trace my whereabouts

Scoring methods may be used to verify your identity. A record of this process will be kept that may be used to help other companies to verify your identity. If false or inaccurate information is provided and fraud identified, details will be passed to fraud prevention agencies. Law enforcement agencies may access and use this information.

For further information on credit scoring, please refer to:

www.callcredit.co.uk/

We will endeavour to keep your information accurate and up to date, and not keep it for longer than is necessary. Pay4 is required to retain information in accordance with the law, such as information needed for audit purposes. How long certain kinds of personal data should be kept may also be governed by specific business-sector requirements and agreed practices.

Personal data may be held in addition to these periods depending on individual business needs. Details of our record retention schedule is available on request from our Data Protection Representative (detailed below).

Our aim is not to be intrusive, and we undertake not to ask irrelevant or unnecessary questions. Moreover, the information you provide will be subject to measures and procedures to minimise the risk of unauthorised access and disclosure.

Unless you have consented to Pay4 marketing to you, we will not share any of the information you have provided with any third-parties for marketing purposes or store any of your information outside of the European Economic Area. Regardless of any marketing preferences you have or may consent to, we will continue to communicate with you in respect of significant policy information. For example, changes to our transaction fees.

Marketing

We may use the data we collect to deliver and personalise our communications with you. For example, we may contact you by email or by phone to inform you about new Pay4 products or services. However, we will only do this if you have consented to marketing communications. To support us with Marketing, Pay4 utilise the services of ‘Mailchimp’ who provide us with a marketing automation platform. Whilst Mailchimp are based in America, they have certified their compliance with the EU-US Privacy Shield Framework. More about Mailchimp’s privacy policy can be found here.

In addition, when visiting our website, you should be aware that our site uses cookies that are placed on your machine to help Pay4 provide a better user experience. To understand more about our cookie policy please click here.

At any point while we are in possession of or processing your personal data, you, the data subject, have the following rights:

• Right of access – you have the right to request a copy of the information that we hold about you.
• Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete. If at any point you become aware that any of the personal data we hold in respect of you is inaccurate, then please call or email us via the contact details below whereby, once verified, we will arrange for the information to be updated.
• Right to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records.
• Right to restriction of processing – where certain conditions apply to have a right to restrict the processing.
• Right of portability – you have the right to have the data we hold about you transferred to another organisation.
• Right to object – you have the right to object to certain types of processing such as direct marketing.
• Right to object to automated processing, including profiling – you also have the right to be subject to the legal effects of automated processing or profiling.
• Right to judicial review: in the event that Pay4 refuses your request under rights of access, we will provide you with a reason as to why. You have the right to complain as mentioned below.
• All the above requests will be forwarded on should there be a third party involved (as stated above) in the processing of your personal data.

At your request Pay4 can confirm what information we hold about you and how it is processed. If Pay4 does hold personal data about you, you can request the following information:

• Identity and the contact details of the person or organisation that has determined how and why to process your data.
• Contact details of the data protection representative, where applicable.
• The purpose of the processing as well as the legal basis for processing.
• The categories of personal data collected, stored and processed.
• Categories of recipients that the data is/will be disclosed to.
• If we intend to transfer the personal data to a third country or international organisation, information about how we ensure this is done securely. The EU has approved sending personal data to some countries because they meet a minimum standard of data protection. In other cases, we will ensure there are specific measures in place to secure your information.
• How long the data will be stored.
• Details of your rights to correct, erase, restrict or object to such processing.
• Information about your right to withdraw consent at any time.
• How to lodge a complaint with the supervisory authority.
• Whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether you are obliged to provide the personal data and the possible consequences of failing to provide such data.
• The source of personal data if it wasn’t collected directly from you.
• Any details and information of automated decision making, such as profiling, and any meaningful information about the logic involved, as well as the significance and expected consequences of such processing.

Pay4 may modify or update this notice when necessary to reflect feedback and changes in our products and service; so, please review it regularly. When we update this notice, we will revise the ‘Last Update’ date at the top of the notice.

If there are material changes to the notice or in how we use your personal data, we will notify you either by posting a notice of such changes before they take effect or by directly sending you a notification. We encourage you to regularly review this notice, which can be accessed via our external website or requested from our Data Protection Representative, to learn more how Pay4 is using and protecting your information. Your continued use of the service or products after any modification to this notice will constitute your acceptance of such modification and updates.

In the event that you wish to make a complaint about how your personal data is being processed by Pay4 (or third parties as mentioned above), or how your complaint has been handled, you have the right to lodge a complaint directly with the supervisory authority and / or Pay4’s Data Protection Representative.

The details for each of these contacts are: