INTRODUCTION

Welcome to the ThinCats Group policy notice.

The ThinCats Group respects your privacy and is committed to protecting your personal data. This privacy notice explains how we look after your personal data, tells you about your privacy rights and how the law protects you. 

“You/your” means an individual who is:

a “Lender Member” - a firm, partnership, company or other entity that has mandated a member of the ThinCats Group to act on its behalf in relation to lending activities.

a “Key Account Party” - an individual who is a director, company secretary, partner, member, shareholder, beneficial owner, trustee or other controlling official within a business that is or has made an application to borrow monies through facilities arranged by a member of the ThinCats Group.

an “Account Party” - an individual other than a Key Account Party who has provided personal data to us in connection with a Key Account Party.

A person who visits any website or forum operated by the ThinCats Group.

Please also use the Glossary to understand the meaning of some of the terms used in this privacy notice.

2. THE DATA WE COLLECT ABOUT YOU

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender, passport details.

Contact Data includes home address, email address and telephone numbers.

Financial Data includes bank account and payment details together with details of your financial position, status and history.

Transaction Data includes details about payments to and from any account held with us.

Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access any TC Website.

Profile Data includes your username and password, feedback and survey responses and forum posts. 

Usage Data includes information about how you use any TC Website.

Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

3. HOW IS YOUR PERSONAL DATA COLLECTED?

We use different methods to collect data from and about you including through:

Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

apply for our products or services;

subscribe to our service or publications;

request marketing to be sent to you;

enter a competition, promotion or survey; or

give us some feedback.

Automated technologies or interactions. As you interact with any TC Website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs, and other similar technologies.

Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:

Technical Data from the following parties:

analytics providers such as Google based outside the UK; 

advertising networks based inside or outside the UK; and

search information providers based inside or outside the UK.

Contact, Financial and Transaction Data from providers of technical, payment and delivery services based inside the EU.

Identity and Contact Data from data brokers or aggregators based inside the EU.

Identity and Contact Data from publicly availably sources such as Companies House and the Electoral Register based inside or outside the UK.

Credit reference agencies such as Callcredit, Equifax and Experian.

Fraud prevention agencies such as CIFAS, National Hunter and National SIRA.

5. DISCLOSURES OF YOUR PERSONAL DATA

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

Internal Third Parties as set out in the Glossary.

External Third Parties as set out in the Glossary. See further below regarding credit reference agencies.

Specific third parties listed in the table in paragraph 4 above.

Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

When we ask credit reference agencies about you or your business, we may supply personal data relating to Key Account Parties and Account Parties to those credit reference agencies (CRAs) and they will give us information about you or your business, such as your financial history. We do this to assess creditworthiness and product suitability, check identities, manage your accounts, trace and recover debts and prevent criminal activity. The CRAs may note it on your credit file as a credit search. Other organisations that may see such note and we can see searches done by other organisations.

We will continue to exchange information about you or your business with CRAs on an ongoing basis, including any debts not paid in time. CRAs will share this information with other organisations. If there are other Key Account Parties in relation to a business then we will link your records with theirs. Credit reference agencies will also link your records together. These links will stay on your records unless you or the Key Account Parties linked to you asks the credit reference agency to break the link. You will normally need proof that you are no longer financially linked.

You can find out more about the CRAs and the ways in which they use and share personal data on their websites. The following are links to the information notice of the three main credit reference agencies:

www.transunion.co.uk/crain

www.equifax.co.uk/crain 

www.experian.co.uk/crain

Fraud Prevention Agencies – Fair Processing

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. Further details of how your information will be used by us and these fraud prevention agencies, and your data protection rights, can be found in our Fair Processing Notice, a copy of which is set out in the Schedule to this Policy. https://www.cifas.org.uk/fp

6. INTERNATIONAL TRANSFERS

In respect of Lender Members we do not transfer your personal data outside the UK.

In respect of Key Account Parties personal data may be transferred outside the UK.

In the event that we are required to transfer any personal data to any external third party which may be based outside the UK their processing of your personal data will involve a transfer of data outside the UK. 

Whenever we transfer your personal data out of the UK, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented: 

We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data.

Where we use certain service providers, we may use specific contracts approved for use in the UK which give personal data the same protection it has in the UK.

Where we use providers based in the US, we may transfer data to them only in accordance with UK GDPR, as defined below (i.e, one of a limited number of exceptions applies, or rights of individuals are protected in another way as specified by UK GDPR).

UK GDPR means the retained EU law version of the General Data Protection Regulation ((EU) 2016/679). Personal Data is subject to the legal safeguards specified in the UK GDPR.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK.

8. YOUR LEGAL RIGHTS

Under certain circumstances, you have rights under data protection laws in relation to your personal data. In particular you may:

Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated. 

9.GLOSSARY

LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

THIRD PARTIES

Internal Third Parties

Other companies in the ThinCats Group acting as joint controllers or processors and who are based in the UK and provide IT and system administration services and undertake leadership reporting. 

ThinCats ThinCats Limited (Company No. 09707863) whose registered office is at 2&3 Charter Point Way, Ashby Park, Ashby De La Zouch, Leicestershire, United Kingdom, LE65 1NF.

ThinCats Group ThinCats Group Limited (Company No. 13393055), Thincats, Business Loan Capital Limited (Company No. 09867563), ESF Loans Limited (Company No. 10725890), TC Loans I Limited (Company No. 097212350, TC Loans II Limited (Company No. 11680000), TC Loans Limited (Company No. 13031559), TC Security Trustee Limited (Company No. 12633574).

External Third Parties

Service providers acting as processors based in the UK or the European Economic Area (EEA) who provide IT and system administration services.

Service providers based in the UK or the EEA who act as agents or servicers in relation to the business activities of the ThinCats Group.

Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the UK or EEA who provide consultancy, banking, legal, insurance and accounting services.

HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.

Potential institutional investors acting as processors who require reporting of processing activities and loan portfolios in certain circumstances. These are usually based in the UK or EEA.

Lender Members based in the UK or EEA who require information in relation to lending activities in relation to which they are actual or prospective lenders.

Financial processing providers acting as processors or joint controllers based in the United Kingdom who provide transactional and administration services.

Identity agencies acting as processors or joint controllers based in the United Kingdom who provide identity checking services.

Credit reference agencies (CRAs) such as Callcredit, Equifax and Experian.

Fraud prevention agencies such as CIFAS, National Hunter and National SIRA.

Schedule – Fraud Prevention Agencies Fair Processing Notice

GENERAL 

(a) 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.

(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, for example: name, address, date of birth, address, contact details, financial information, employment details, device identifiers including IP address and vehicle details.

(d) We and fraud prevention agencies 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 or financing you have requested.

(f) 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.

(g) You can request confirmation of which fraud prevention agencies we use from time to time. If you require this confirmation please contact us at legal_services@thincats.com or Legal Services, Thincats, 2&3 Charter Point Way, Ashby de la Zouch, Leicestershire, LE65 1NF.

(h) If we, or a fraud prevention agency, determine that you pose a fraud or money laundering risk, we may refuse to provide the services and financing you have requested, or to employ you, or we may stop providing existing services to you.

(i) A record of any fraud or money laundering risk will be retained by the fraud prevention agencies, and may result in others refusing to provide services, financing or employment to you. If you have any questions about this, please contact us on the details above.

DATA TRANSFERS 

(j) Fraud prevention agencies may allow the transfer of your personal data outside of the UK. This may be to a country where the UK Government has decided that your data will be protected to UK standards, but if the transfer is to another type of country, then the fraud prevention agencies will ensure your data continues to be protected by ensuring appropriate safeguards are in place.

YOUR RIGHTS 

(k) Your personal data is protected by legal rights, which include your rights to object to our processing of your personal data; request that your personal data is erased or corrected; request access to your personal data.

(l) For more information or to exercise your data protection rights, please contact us using the contact details above.

(m) If you are unhappy about how your personal data has been used please refer to our complaints policy. A copy can be obtained by contacting us at complaints@thincats.com or Complaints, Thincats, 2&3 Charter Point Way, Ashby de la Zouch, Leicestershire, LE65 1NF. You also have a right to complain to the Information Commissioner's Office (www.ico.org.uk), which regulates the processing of personal data.

The owner of this document is Ian Ilersic.  If you have any queries or comments regarding the information contained in the document, please contact:

Contact:                                           Ian Ilersic

Email:                                               ian.ilersic@thincats.com