Fair Processing Notice

FAIR PROCESSING NOTICE

The data controller in respect of your personal data is Mollitium Finance Limited, trading as MotaFinance (referred to as "we", "our" or "us" in this Fair Processing Notice). If you have any queries about our handling of your information, you can contact our Data Protection Officer by writing to MotaFinance, The Court Lodge Centre, Stansted, Kent, TN15 7PG or by telephone on 0333 241 3145.

This Fair Processing Notice explains how we will use the personal data that you provide to us via your intermediary or that we have obtained about you through our use of the personal data you have provided (referred to in this Fair Processing Notice as your "information") when you enter into a loan agreement with us. Please read this Fair Processing Notice carefully.

Where we refer to "intermediary" in this Fair Processing Notice, this means the dealership or finance broker that has contacted us on your behalf regarding a loan.

HOW WE USE YOUR INFORMATION

(A) Before We Enter Into an Agreement with You

Purpose

Before we provide a loan to you, we undertake checks for the purposes of preventing fraud and money laundering, to verify your identity and to assess whether you are sufficiently likely to repay amounts which you would owe to us if we were to enter into an agreement with you. These checks require us to process personal data about you (for example, name, nationality, visa, address, date of birth, contact details, employment details, bank details, credit/debit card details, loan details, monthly rent or mortgage payments, passport, driving information, utility bills, living costs, credit report data and monthly income) which you have provided, we have collected from you or we have received from third parties. This personal data will be used to prevent fraud and money laundering, to allow us to assess the credit risk and affordability of entering into an agreement with you and to verify your identity. Further information about the role of credit reference agencies and fraud prevention agencies when you apply for a loan is set out at (C) below.

Lawful basis of processing

We process your personal data on the basis that we have a legitimate interest and a legal obligation in preventing fraud and money laundering, to verify your identity, in order to protect our business, to assess the credit risk of entering into an agreement with you and to comply with laws that apply to us. Such processing is also a contractual requirement of the loan 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.

(C) Credit Referencing and Fraud Prevention

Purpose

Use by Credit Reference Agencies ("CRAs")

In order to process your application, we will perform credit and identity checks on you with one or more CRAs. When processing your personal data, decisions about your application will be made by automated means. We will use a scoring matrix (or other automated process) to assess your application and may automatically decide that we consider your credit risk to be too high or that you pose a fraud or money laundering risk if our processing reveals your behaviour to be similar to that of fraudsters or money launderers. You have rights in relation to automated decision making: if you want to know more please contact us using the details set out at the start of this Fair Processing Notice.

To do this, we will supply your personal information to CRAs and they will give us information about you. This will include information from your credit application and about your financial situation and financial history. CRAs will supply to us both public (including the electoral register) and shared credit, financial situation and financial history information and fraud prevention information.

We will use this information to:

  • Assess your creditworthiness and whether you can afford to take the loan;
  • Verify the accuracy of the data you have provided to us;
  • Prevent criminal activity, fraud and money laundering;
  • Trace and recover debts; and
  • Ensure any offers provided to you are appropriate to your circumstances.

We will continue to exchange information about you with CRAs while you have a relationship with us. We will also inform the CRAs about your settled accounts. If you borrow and do not repay in full and on time, CRAs will record the outstanding debt. This information may be supplied to other organisations by CRAs.
When CRAs receive a search from us it will place a search footprint on your credit file that may be seen by other lenders.

If you are making a joint application, or tell us that you have a spouse or financial associate, we will link your records together, so you should make sure you discuss this with them, and share with them this information, before lodging the application. CRAs will also link your records together and these links will remain on your and their files until such time as you or your partner successfully files for a disassociation with the CRAs to break that link.

The identities of the CRAs, their role also as fraud prevention agencies, the data they hold, the ways in which they use and share personal information, data retention periods and your data protection rights with the CRAs are explained in more detail at www.experian.co.uk/crain or www.equifax.co.uk/crain or www.callcredit.co.uk/crain (please note that the Credit Reference Agency Information Notice is the same for each of the CRAs).

The CRAs we use are as follows:

Credit Kudos
www.creditkudos.com
0203 096 7180

CallCredit
www.callcredit.co.uk
0330 024 7574

Use by Fraud Prevention Agencies

Before we provide services, goods or financing to you, or allow you to act as a guarantor, we undertake checks for the purposes of preventing fraud and money laundering, and to verify your identity. These checks require us to process your information. If we or a fraud prevention agency, as a result of our processing of your personal data, determine that you pose a fraud or money laundering risk, we may refuse to provide the services and financing you have requested or we may stop providing existing services to you. 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 the appropriate fraud prevention agency using the details provided below.

CIFAS
www.cifas.org.uk
0300 123 2040

National Hunter
www.nhunter.co.uk

SIRA
www.synectics-solutions.com
01782 664000

Lawful basis of processing

This is necessary for the purposes of our legal obligations 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.

Use of your information in this way is also 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 Callcredit and Credit Kudos (relating to the 'credit search') and we currently pass information about you to Callcredit and Credit Kudos.

(D) Introducers, Agents and Other Third Parties

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

  • to enable the relevant intermediary to deal with complaints made by you;
  • to coordinate responses to requests made by you relating to you rights under the GDPR;
  • 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:

  • debt collection agents;
  • repossession agents; and/or
  • legal advisers

in connection with recovery of your vehicle and/or recovery of monies due under 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 direct debit and card processing companies. We also share your information with third parties acting on our behalf, such as back-up and server hosting providers, IT software and maintenance providers and their agents and third parties that provide income verification services, affordability checks and communication fulfilment services.

Lawful basis of processing

This is necessary for the performance of the agreement with you and, initially, to take steps to enter into the agreement with you.

(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 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

Opt out of marketing for our own similar products and services

We may contact you with details of similar products and services we provide which we feel may be of interest to you. If you would prefer not to receive this information through any of the communication methods below please opt out by ticking the relevant boxes within your members area.

Opt in to marketing for our other (non-similar) products and services

We would like to contact you with details of other (non-similar) products and services that we provide. If you consent to this please tick the relevant boxes within your members area to confirm how you would like to be contacted.

Post and telephone marketing

We may also contact you by post or telephone to provide you with information about products or services we feel may be of interest to you.

We will do this on the basis that we have a legitimate interest in facilitating your compliance with your insurance and payment obligations under the Agreement, and in promoting our products and services.

Where you have not given your specific consent to be contacted by post or telephone, we will only contact you if your telephone number or address is not registered with the Mailing Preference Service or Telephone Preference Service.

If you would prefer not to be contacted for marketing purposes by post or telephone, you can opt-out of such communications by contacting Our Data Protection Officer by telephone on 0333 241 3145 or in writing to the Data Protection Officer, MotaFinance, The Court Lodge Centre, Stansted, Kent, TN15 7PG.

You can change the marketing preferences that you have selected at any time - please call MotaFinance on 0333 241 3145.

RETENTION OF YOUR INFORMATION

If your application for a loan is declined or if your application is accepted but you do not proceed, we keep your information for 6 months or as long as necessary to deal with any queries you may have. If your application is accepted and you proceed, we hold your information for 7 years from the date at which your agreement is closed, (whether settled by you or upon default).

Information that we provide to credit reference agencies remains on their file for 6 years after any loan agreement with us is closed. 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.

We may hold your information for a longer or shorter period from that described above where:

  • the law requires us to hold your personal information for a longer period, or delete it sooner;
  • you exercise your right to have the information erased (where it applies) and we do not need to hold it in connection with any of the reasons permitted or required under the law; and
  • in limited cases, the law permits us to keep your personal information indefinitely provided we put certain protections in place.

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 Fair Processing Notice.

YOUR RIGHTS

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 above.

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 FAIR PROCESSING NOTICE

As we are continuously looking for new and innovative ways to respond to the needs of our customers, this notice may change over time. Any changes will be notified to you by posting an updated version on our website and/or by contacting you by email or post. Any changes will take effect 7 days after the date of our email or letter or the date on which we post the modified terms on our website, whichever is the earlier.