This is the Privacy Policy of Toomey Leasing Group Limited of Service House, West Mayne, Basildon, Essex SS15 6RW. This policy sets out the basis on which any personal data we collect from you (or others provided to us), will be processed by us and shared with third parties. Please read the terms of this Privacy Policy carefully.
We have put in place several measures to ensure that any personal data we obtain from you is processed and maintained by legal requirements and the Accepted principles of good information handling by the Data Protection Act 2018 (the “DPA”) and the General Data Protection Regulations (“GDPR”).
The Data Controller is Laindon Holdings Limited. We determine the purposes for which and how your data will be processed.
This Policy applies to customers who seek leasing or other finance facilities from us (either where we act as a direct funder or where we broker deals to other funders). It covers how we process personal data in connection with the initial finance application and then our ongoing management and servicing of the account. As well as individuals, “customers” will also include partnerships, and unincorporated and incorporated bodies (including limited companies and limited liability partnerships). This policy also applies to guarantors.
Although in general, the legal requirements applicable to the handling of personal data about individuals, we also seek to apply the same standards of good information handling in respect of all customers. Where there are two or more persons named in the finance agreement or guarantee, this Policy applies to each of them separately.
This is any information that either alone, or in combination with other information, would identify a person as a living individual (for example, your name and date of birth).
We take the security of all the data we hold seriously. Relevant staff are trained on data protection, confidentiality and security. We have a framework of policies and procedures which ensure we regularly review the appropriateness of the measures we have in place to keep the data we hold secure. All information you provide to us is stored on our secure servers.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your 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 to prevent unauthorized access.
We may as a result of your interaction with our website and when you apply for finance, process and store your information on our computer systems and our manual files. We will also collect and store personal and financial information about you:
when you or an introducer (such as a dealer or broker) provide us with information over the telephone or by email
when you or an introducer sends us documents (which may be in paper form or electronic)
when we access information held by credit reference, fraud prevention and business information agencies about you
when we communicate with you during our servicing of your lease or other agreement with us.
We will collect the data shown below, whether or not you become a customer in connection with your application. If you become a customer we will use it to manage and service your account.
The type of data we collect and the reasons why include the following:
Credit Assessment. We collect personal and financial information from you and from credit reference agencies (CRAs) and fraud prevention agencies to help us carry out identity checks. We will also use the information to assess your ability to meet your financial commitments and to check that you are creditworthy. Where you will act as a personal guarantor we will assess your financial suitability to do so. For individuals, the information we collect includes your current and recent addresses, whether you are on the electoral roll, your age, e-mail address and telephone number, whether you are a homeowner or tenant, and personal data about bank accounts, credit cards, mortgages and other agreements that involve a credit arrangement like utilities and communications contracts (including mobile and internet) and how you are meeting your payments obligations to these organisations and whether you have any court judgments.
We may also collect information about a business you own or are involved with including requesting financial records, such as accounts and information held by public bodies such as Companies House. Similar information will also be collected where you are an incorporated body and may include your registered office, business addresses and contact details, bank details, VAT number, number of employees, business history and information obtained from credit information providers about your financial performance and credit standing.
Prevention and detection of crime: We are obliged to collect personal and financial information from you and from CRAs, fraud prevention agencies and public or government bodies to help us to detect and prevent crime and fraud and to verify your identity (or in the case of a company, its beneficial owners) under our anti-money laundering obligations.
Servicing of your facility: The information we collect will enable us to communicate with you about your finance facility and to service your account, for example, to issue statements, process your payments onto our systems, contact you about any missing payments and trace you. We will make a record of our communications with you and your account activity to help us to monitor and manage your account, check that we are providing an adequate service and help us to deal with any complaints. We will collect information about your bank account to enable us to process your rental or finance payments.
Improve our services and products: We will use your information, for research, assessment and analysis (including market and product analysis) and develop and improve our services to you and other customers.
The UK’s data protection law allows us to process your data where we have a proper reason for doing so. This includes fulfilling a contract we have with you, where it is in our legitimate interest, where we have a legal duty and when you consent to it.
a) We rely based on the legitimate interests in respect of our credit assessment activities described above. We will also share your data with credit reference and fraud prevention agencies. A legitimate interest is when we have a business or commercial reason to use your information and where this does not conflict with your data rights.
b) We rely on the contract performance basis to take steps to enter into a lease or finance agreement with you, to service your facility and enforce our rights and remedies under those agreements.
c) We rely on the legal duty for processing by collecting information to prevent and detect crime and by sharing data with fraud prevention and government agencies and authorities. We will also collect information necessary for us to maintain records as required by government and regulatory bodies.
d) We will rely on your consent where
you ask us to disclose your information to others
we process any special categories of personal data at your request where you are an individual (for example about your racial or ethnic origin or concerning your ethnic or racial origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, data concerning health, sex life or sexual orientation) and
To send you marketing communications (see below).
We may from time to time give you details of products or services which are similar to the ones you have recently taken out with us. We will only do this if we consider this to be a legitimate business interest of ours or in the case of electronic marketing, with your prior consent. If we do send you marketing communications you may ask us to stop sending these messages at any time.
We may give information about you and how you manage your account to the following organisations. Where we do so we will take reasonable steps to ensure that your rights are protected and that they will keep the information confidential:
a) People who provide a service to us or are acting as our agents. This includes any organisation where we have decided to outsource all or part of the administration or servicing
of your facility including in respect of data storage, direct debit processing and debt collecting, tracing and asset recovery agents;
b) To the manufacturers or suppliers of the goods in connection with any repairs or maintenance of the goods.
c) Our insurers, auditors and accountants, solicitors, consultants and other professional advisers;
d) Anyone to whom we transfer or may transfer our rights and duties under your finance agreement (for example if we were to sell your agreement to another finance company);
e) Any funders or investors (or prospective funders or investors) of our business (including other leasing and finance companies where we act as a broker) ;
f) To credit reference agencies and fraud prevention agencies (see below in section 9);
g) We may also give out personal information about you if we must do so to comply with any legal obligation (such as to Government agencies or regulators).
We occasionally send customer data outside of the UK as some of our software providers are based in the United States of America. However, if we were to send data to an organisation located outside of the European Economic Area, we will make sure that they agree to apply the same levels of protection as we are required to apply to information held in the UK and to use your information only to provide the service to us.
To assess a finance application, we will carry out credit and identity checks on you with one or more CRAs. When CRAs receive a search from us they will place a search footprint on your credit file (this does not usually happen in respect of guarantors) which may be seen by other lenders and funders. The CRAs also supply to us both public (including the electoral register) and shared credit and fraud prevention information.
We and other organisations may also access and use CRA information to:
a) assess your creditworthiness and whether you can afford the rental or credit repayments (and are suitable to act as a guarantor for such payments) ;
b) verify the accuracy of the data provided to us;
c) prevent criminal activity, fraud and money laundering;
d) manage the accounts; and
e) trace and recover debts
If you tell us that you have a spouse or financial associate, we will link your records together so you must be sure that you have their agreement to disclose information about them. CRAs also link your records together and these links will remain on your and their files until you or your partner successfully files for a disassociation with the CRAs to break that link.
Information relating to your applications will be shared by us and sent to CRAs and will be recorded by them. We will give them details of your account and how you manage it. We will continue to exchange information about you with CRAs while you have a relationship with us. If you do not repay in full and on time, CRAs will record the outstanding debt and that you have defaulted. This information may be supplied to other organisations by CRAs to perform similar checks. Records remain on file for six years after they are closed, whether settled by you or defaulted. We will also notify the CRAs when you settle your account.
Further information about the CRAs, their role also as fraud prevention agencies, the data they hold, how they use and share personal information, data retention periods and your data protection rights with the CRAs are explained in more detail at:
www.callcredit.co.uk/crain
www.equifax.co.uk/crain
www.experian.co.uk/crain
The CRA we normally use is Equifax and their details are Equifax plc, Credit File Advice Centre, PO Box 3001, Bradford, BD1 5US or call 0870 010 0583 or visit www.myequifax.co.uk
The length of time we retain your information will depend on the purpose for which the information was provided. In general, however:
a) We will keep the information that is necessary to enable us to manage your account and provide you with a service that you have requested for as long as it takes us to provide that service.
b) We will keep your contact details to send you marketing information unless you specifically opt-out
c) We will keep records of your account history for a period that will not usually exceed six years after your lease agreement has ended. This is to allow us to respond to any complaints or disputes that may arise during that period.
d) We will keep other information about you if we must do so to comply with the law or regulatory requirements.
The rights set out in this section are set out in the GDPR and apply to individuals. We will however seek to apply the same standards to incorporated bodies. You have the right to request a copy of the information that we hold about you (sometimes called a “subject access request”). If you would like a copy of some or all of your personal information, please
email or write to us at our above address. This is free of charge although we can charge a reasonable fee if your request is excessive or repetitive.
You also have the following rights. In most cases, we generally must respond within a month. We will inform you if it will take longer than one month.
You may ask us to rectify your information if you think is inaccurate.
You are entitled to request that the personal data we hold about you be deleted if you can show that the data (or some of it) is no longer necessary for the purpose for which it was originally collected or processed by us. This is because it has been obtained to provide finance to you and service and maintain your account and therefore we would usually have a legitimate interest in retaining it.
There may also be legal or regulatory reasons why we need to continue to retain it.
In certain circumstances, you have the right to restrict and/or object to certain processing if it meets legal requirements.
Where we rely on your consent to process your data, you may withdraw your consent at any time. However, we may continue to process your data if we have other legitimate or lawful reasons to do so. If you withdraw your consent, we may not be able to provide our products and services to you. If this is the case, we will tell you.
You have the right to ask us not to use your information for marketing purposes and to stop sending marketing communications.
You have the right to ask for your data to be provided in a simple electronic format that can be transferred to another provider if you wish to move your leasing arrangement with us.
You have a right to complain to us if you are dissatisfied with the way that we have handled your data. You may contact us using the contact details listed below in Section13 “Contacting us” for details of our complaints policy. If you are an individual, you also have a right to complain to the Information Commissioner’s Office if you are unhappy with the way we handle your data.
Their details are Customer Contact, Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, SK9 5AF, telephone 0303 123 1113 or email casework@ico.org.uk. You can also download and complete a complaint form by following the link at https://ico.org.uk/concerns/
You may contact us with any questions you may have regarding our privacy policy and if you want information about your rights. Please contact us using the following details:
Privacy Policy Enquires
Toomey Leasing Group Limited
Service House, West Mayne
Basildon, Essex
SS15 6RW
14. Changes to our Privacy Policy
We keep our privacy policy under regular review and we will place any updates on our website. This privacy policy was last updated on 07 the June 2018.