POSITIVE LENDING PRIVACY STATEMENT

At Positive Lending we take your privacy seriously and will only use your personal information to administer your account and to provide the products and services you have requested from us.

The personal data you provide in connection with your loan application will be held by us securely. Where we need to, and only with your prior consent, we share this information with third parties such as credit reference agencies; electronic identity verification systems; and lenders via their secured systems.

Your personal data will only be used for the purpose of your loan application and will not be shared with any third party not connected to the application. We have strict measures in place to safeguard against unauthorised or unlawful processing or accidental loss of your data.

We need your consent to share your information. However, this consent will be deemed to have lapsed on the earlier of the loan completion, your withdrawal of the application or the lender declining to lend. We will explain how your information is being used at key points through your application and you have the right to withdraw your consent at any time. You can notify us by telephone, email or in writing.

For bridging loans we will need to keep in touch through the life of the borrowing to ensure your repayment plans are working and, if not, ensure timely assistance to help you avoid penalty rates and/or defaults. You will be asked to consent to this once the bridging loan funds have been released.

Where we store your personal data:

Client Data

The data 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 fulfilment of your order, the processing of your payment details and the provision of support services. 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 policy.

All information you provide to us is stored on our secure servers. Any payment transfers will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site: any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try and prevent unauthorised access.

Business introducers

The data we obtain from our business introducers will be held on our customer management system for marketing purposes. We update introducers on the latest products and exclusives via email communication. The data 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 fulfilment of your order, the processing of your payment details and the provision of support services. 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 policy, you can opt out of emails at any time. Please note that if you choose to opt out, we may not be able to reinstate this service later.

You are entitled to request access to your personal data held by us. We will ask for proof of your identity before providing any information requested. If you have any questions concerning how your personal data is going to be used, or require a copy of information held please contact our Data Protection Officer, on 01202 850 830, or by email at [email protected].

Retention of client data

We gather your personal information to process your loan application and need to retain this information to comply with our legal and regulatory responsibilities. We also need to retain the data so that we can respond to queries in the future.

We will only keep your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. When you leave us as a client, we shall agree a data retention period with you and after expiry of this period, your personal data shall be archived. We are unable to delete your personal data as we may need to refer to it at a latter date should you chose to make a complaint, however we will ensure that it is removed from the main area of our customer management system and is only accessible by our management team.

Your rights

You have the right to ask us not to process your personal data for marketing purposes. We will inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at [email protected].

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers, and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Under the GDPR you have the following specific rights in respect of the personal data we process:

1. The right to be informed about how we use personal data – This Privacy Statement explains who we are; the purposes for which we process personal data and our legitimate interests in so doing; the categories of data we process; third party disclosures; and details of any transfers of personal data outside the UK
2. The right of access to the personal data we hold. In most cases this will be free of charge and must be provided within one month of receipt
3. The right to rectification where data are inaccurate or incomplete. In such cases we shall make any amendments or additions within one month of your request
4. The right to erasure of personal data, but only in very specific circumstances, typically where the personal data are no longer necessary in relation to the purpose for which it was originally collected or processed; or, in certain cases where we have relied on consent to process the data, when that consent is withdrawn and there is no other legitimate reason for continuing to process that data; or when the individual objects to the processing and there is no overriding legitimate interest for continuing the processing.
5. The right to restrict processing, for example while we are reviewing the accuracy or completeness of data or deciding on whether any request for erasure is valid. In such cases we shall continue to store the data, but not further process it until such time as we have resolved the issue
6. The right to data portability which, subject to a number of qualifying conditions, allows individuals to obtain and reuse their personal data for their own purposes across different services
7. The right to object in cases where processing is based on legitimate interests, where our requirement to process the data is overridden by the rights of the individual concerned; or for the purposes of direct marketing (including profiling); or for processing for purposes of scientific / historical research and statistics, unless this is for necessary for the performance of a public interest task
8. Rights in relation to automated decision making and profiling

Who to contact:

If you have any questions, you require further information or you wish to make a complaint regarding how we have stored, used or shared your data please email [email protected].

Alternatively, you may get in touch with our supervisory authority for data protection compliance at: www.ico.org.uk

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Tel: 0303 123 1113 (local rate) or 01625 545 745 (national rate)

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