Legal Information & Privacy Policy




Complaints Procedure

At Federal Capital Limited we are committed to providing our customers with the highest quality service. However, if for any reason you are not entirely satisfied with any aspect of our service, by letting us know we can work together to understand what has happened and facilitate a resolution.

Should you wish to complain, you can contact us directly using the following methods

Phone: 01244 280665

Post: 14a Old Marsh Farm Barns, Welsh Road, Sealand, Flinsthire, CH5 2LY

Email: info@federalcapital.co.uk

At this stage you will be required to provide; business address, daytime contact number and any supporting information to help us understand what’s gone wrong and how you would like us to put thing right.

Complaint Handling

We aim to resolve your concerns within five business days, however if this is not possible we will acknowledge your complaint within five working days of it being received and conduct a thorough investigation, providing regular updates throughout.

You will receive our response within 5 weeks of raising your complaint.

Financial Ombudsman Service

If you have a complaint and we cannot resolve this, then if you are eligible you can refer your complaint to the Financial Ombudsman Service. Key contact methods are;

By post: Financial Ombudsman Service, Exchange Tower, London E14 9SR

By phone: 0800 023 4567

By email: complaint.info@financial-ombudsman.org.uk

Website: www.financial-ombudsman.org.uk

Fair Processing Notice

About us

Federal Capital Limited (referred to as ‘we’, ‘us’, ‘our’ in this Notice). We are what is known as the ‘controller’ of personal information we gather and use. This means that we are responsible for, and control the processing of, your personal information in accordance with data privacy laws. Our Data Protection Officer (‘DPO’) can be contacted at 14a Old Marsh Farm Barns, Welsh Road, Sealand, Flinsthire, CH5 2LY or by telephone on 01244 280665.

To attain further information in respect of our use of personal information, please visit our or contact our DPO using the details above.

Type of personal information we process

We will collect personal information from you directly as a result of your application for finance, but we will also collect personal information about you from other sources such as Credit Reference Agencies (CRA’s).

This personal information will include your name; your contact details including your email address, home and mobile telephone numbers; your date of birth; your employment details; your home address and address history together with information about your occupier status; your identification documents such as your passport; your nationality; your bank details; your solvency and/or litigation history; details of any criminal convictions.

Using your information

We will use your personal information to provide you with products and services (including making credit decisions about you or your business) to comply with the law and enforce our legal rights (including debt recovery), and to improve and market our products and services (including research).

Legal basis for using your personal information

Personal information is only used it is allowable by laws that protect your privacy rights. When we enter into a finance agreement with you we will use your personal information where:

  • we need to use the information to comply with our legal obligations;
  • we need to use the information to perform a contract with you;
  • we have your consent (if consent is needed)
  • it is fair to use the personal information either in our interests or someone else’s interests, where there is no disadvantage to you (what is known as ‘legitimate interests’) – this can include where it is in our interests to market additional products or services to you;

CRA’s, Fraud Prevention Agencies and Automated Decision Making

In considering your application we may search your credit record at the CRA’s (‘your records’). We or our funders may also search linked records of your spouse or partner. Such searches at CRA’s may include searches against those to whom you may be linked, which may include your spouse/partner, your fellow directors (where you are a company) or other persons with whom you are linked financially. For the purposes of your application, you may be treated as financially linked to such individuals and in such circumstances you will be assessed by reference to all such “associated records”. Where you are a company, you will inform each director of the company of this notice. The CRA will add to your record details of our search and your application and this will be seen by other organisations that make searches. We may use credit scoring or other automated decision making systems when assessing your application. We may also undertake further searches against you and any associations for the purpose of tracing and recovering debt.

It is imperative that you give us accurate information. We will check your details with Fraud Prevention Agencies, and if you give us false or inaccurate information and we suspect fraud, we will record this. We, the CRA’s and the fraud prevention agencies will also use your records for statistical analysis about credit, insurance and fraud.

We may undertake searches with Equifax for the purposes of verifying your identity and for anti-money laundering purposes. To do so Equifax may check the details you supply against any particulars on any database (public or otherwise) to which they have access. They may also use your details in the future to assist other companies for verification purposes. A record of the search will be retained. If you are a joint applicant, such as a partnership, unincorporated association or if you are a body corporate, such as a limited company or LLP or charity, you are responsible for obtaining the agreement of any partner/ trustee/ officer/ director/ shareholder (as so required) to create an identity search against them at a CRA and have ensured this notice is provided.

The identities of the CRA’s, their role also as fraud prevention agencies, the data they hold, the ways in which they use and share personal information, data retention period and your data protection rights with the CRAs are explained in more detail by the CRA (Equifax).

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 we may stop providing existing services to you.

Who we share your personal information with

For the purposes we have set out above, and in addition to CRA’s and Fraud Prevention Agencies, we will share your personal information with the following third parties:

  • Funders; we may provide your information to funders who provide finance to us.
  • Third party suppliers and contractors which support us in providing our services to you (for example, auditors (including third parties who will undertake ID checks);
  • Government or regulatory bodies, law enforcement agencies and professional service advisers in order for us to comply with applicable laws and our professional advisors;
  • Debt collection agencies, Insolvency Practices, Solicitors, Courts, Bailiffs who we might instruct in connection with any default on your account;
  • Third parties as a result of a sale, merger, consolidation, change of control, transfer of assets or reorganisation of our business;
  • Brokers who introduce you to us.

How long we will keep your personal information

We shall retain your personal information for the duration of our agreement with you and for the purposes of, complying with our legal obligations, or in our legitimate interests, in accordance with data privacy laws and our retention policy.

Your rights

You have the right to access, correct, in some cases delete, restrict and object to how we process your personal information. For more information about your rights or exercising your rights please contact our DPO or read the

You also have a right to complain to the data protection regulator, the Information Commissioner (the “ICO”). Details of how to make a complaint to the ICO are contained on their website: www.ico.org.uk/concerns .

Marketing

We will only contact you with marketing communication as permitted by law about similar products and services or where we have your consent. You have the right at any time to opt-out of receiving marketing communications and you can do so by ticking the boxes below and returning this to Federal Capital with your business name and address:

I do not wish to be contacted by:

  • Post
  • Phone
  • Email

Privacy Policy

Federal Capital ensure that the collection and usage of your personal information is done in accordance with the General Data Protection Regulation (GDPR) and its requirements.

Please read this Privacy Policy carefully as it pertains key information regarding your personal information. This Privacy Policy describes the categories of personal information we will process and the purposes for processing.

Overview

Federal Capital Limited (“Federal Capital”) takes your privacy seriously, in this Privacy Policy you can find out more information about your privacy rights and how Federal Capital gather, use and share your personal information. This will include personal information we collect directly from you, a third party or information we already hold about you.

Federal Capitals Data Protection Officer (“DPO”) can answer any queries regarding your personal information or if you wish to exercise any of the rights mentioned within this Privacy Notice.

If you have any concerns over your data usage, please contact our DPO at

Phone: 01244 280665

Post: 14a Old Marsh Farm Barns, Welsh Road, Sealand, Flinsthire, CH5 2LY

Email: info@federalcapital.co.uk

About Federal Capital

When Federal Capital collect and use personal information about you we become responsible for this information. When we do this we are regulated by the GDPR. Under this regulation Federal Capital is known as a ‘data controller’ of that personal information.

By personal information, we mean information which can be used to identify you. For the purposes of this privacy policy, where we refer to “you” or “your” we are referring to individuals whose information we process, this includes business owners and any key personnel from the party making the application or entering into an agreement.

B. How we collect personal information

Federal Capital will obtain personal information:

  1. Directly from yourself, from e.g. order form/application documents/telephone/email;
  2. Through the course of an agreement either directly from you, your association or with a business brokers who introduce you to us;
  • From third party organisations such as Credit Reference Agencies (‘CRAs’) and Fraud Prevention Agencies (‘FPA’);

Federal Capital may also obtain personal information from either monitoring or recording calls. We will record and monitor telephone calls for training, auditing, resolving queries and to improve overall quality and service delivery.

When we process your personal information this will be either for our legitimate business interest, to comply with our legal obligations. 

In the course of dealing with your application and any subsequent agreements you enter into we may collect the following personal information:

  • Your title, full name, contact details, email address, home and mobile telephone numbers;
  • Your home address and address history, together with information about your occupier status, whether you are a tenant, live with parents or are an owner occupier;
  • Your date of birth;
  • Your occupation, job title and employment details;
  • Your personal identification i.e. a passport or a driving license;
  • Your nationality if this is necessary for us to comply with our legal and regulatory requirements;
  • Your bank details;
  • Your solvency and/or litigation history;
  • Personal information obtained from third parties such as CRAs or FPAs and publicly available sources of information such as the electoral roll;

Those making an application should not share any other individual’s personal information with us except where they have shown them a copy of this privacy policy and obtained their confirmation that they know you will share it with us for the purposes described.

Depending on how you make your application we may collect this information directly or indirectly.

C. How we use your personal information

For Federal Capital to provide you with any products or services we will need to process your name, address, date of birth and email address. In certain circumstances we may be required to obtain additional personal information about you.

i. To consider an application and processing, we will use:

Your contact details, these include; your name, address, email address, telephone number and date of birth.

We process and use this personal information to comply with a legal obligation, to perform a contract and for our own legitimate business interest. 

ii. To make a credit decision about you we will use:

 

  • Information you provide to us directly;
  • Information we receive from third party credit reference and fraud agencies;
  • Information we obtained through the course of an agreement or previous agreements; and
  • Information we receive from third parties, most likely your finance broker

For this purpose of processing Federal Capital will share your personal information with CRA’s and FPA’s. The information could be used for:

  • CRA’s will add a search footprint onto your credit file when we have conducted a credit search, this may be seen by other lenders.
  • If you are making a joint application, or tell us you have a spouse or financial associate Federal Capital and the CRA’s or FPA’s may link your records together. This means that each other’s personal information (including information the CRA or FPA already holds) will be taken into account with all future credit applications by either or both of you. These links will remain on your and their files until such time as you or your partner successfully files for a ‘disassociation’ with the CRA’s to break that link. Therefore you should make sure you discuss this with them and share this Privacy Policy, before lodging an application.
  • We might add to your CRA or FPA records details of your agreements, this may include any defaults or failure to keep to the terms of your agreement and when a payment is overdue.
  • CRA’s or FPA’s could pass this personal information onto other companies who have no relation to us who conduct either credit or fraud prevention checks.

We process and use this personal information in order to comply with our legal obligations and for our own legitimate business interest.

iii. To fulfil or comply with our legal obligations, to prevent financial crime, including fraud and money laundering we will use:
  • Information you provide us directly, and
  • Information we receive from third party CRA’s and FPA’s

This personal information will only be used where it is necessary for us to comply with a legal obligation or for our own legitimate business interest. The personal information will include, name, address, date of birth and nationality.

We will provide personal information to and receive personal information from third parties such as CRA’s and FRA’s where it is necessary to meet our legal obligations. This may also include the police and other law enforcement and government agencies.

iv. To administer payments we will use:

Your contact details and the payment details that you have provided to us. We may provide your information to a third party payment provider to process the payment.

We process and use this personal information for our own legitimate business interest.

v. To operate and administer our products and services, including dealing with your complaints and fixing our mistakes, we will use:

Your contact details, these include; your name, address and date of birth.

We may share your information we use for this purpose with third parties who help us verify your contact details and equipment suppliers.

We process and use this personal information to comply with legal obligation, to perform a contract and for our own legitimate business interest.

vi. To comply with our legal obligation, to support our vulnerable customers:

Information you give us that identifies a vulnerability, such as a health condition.

We will give information to and receive information about a vulnerability from third parties where it is necessary to meet our legal obligations, for example from the police or someone acting on your behalf.

Where we process medical personal information that you have provided to us we will only hold this information once we have obtained your explicit consent to do so.

vii. For debt recovery purposes, we will use:

Your contact details, these will include your name, address and date of birth.

Federal Capital will give your personal information to and receive information from third parties where it is necessary to recover debts due by you to us, Third Parties may include, debt recovery agents, CRA’s, Solicitors, Courts, bailiff services, Land Registry, professional advisors and process servers. 

viii. To enable us to improve our services and for internal and external audit we may utilise your data including
Your contact details, these will include your name, address and date of birth, identification and your email address.

We process and use this personal information to comply with a legal obligation, contract and for our own legitimate business interest. 

ix. To market products and services to you, we will use:

We will market directly to you or where your employer has taken out a product using the contact details either you or they have provided to us unless you have opted out.

We process and use this information for our own legitimate business interest. You have the right to object to Federal Capital direct marketing at any time.

x. To record telephone calls:

Federal Capital may also obtain personal information from either monitoring or recording calls. We will record and monitor telephone calls for training, auditing, resolving queries and issues and to improve overall quality and service delivery. When we process your personal information this will be either to comply with a legal obligation, to perform a contract or for our own legitimate business interest.

D. Our legal basis for processing your personal information

Federal Capital will only use your personal information where it is permitted by laws that protect your privacy rights. When you apply for finance or enter into a finance/trading agreement with us we will use your personal information where:

It is fair to use the personal information either in our interests or someone else’s interests, where there is no disadvantage to you – we refer to this as legitimate business interest.

We need to use the information to perform a contract with you. Or, we need to use the information to comply with our legal obligations; and we have your consent (if consent is needed).

Where we have your consent, you have the right to withdraw this. Federal Capital will let you know how you can do this at the time we gather your consent.

E. Securing personal information

Federal Capital have adopted reasonable security measures to ensure your personal information remains secure. This prevents your personal information from being accidentally lost, used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected information security breach. We will notify you and any applicable regulator of a suspected information security breach where we are legally required to do so.

F. Individuals rights

GDPR gives you a number of rights in terms of how we use your personal information. You have the right to object how we use your personal information. You also have the right to access the personal information we hold about you. You can also ask us to delete, restrict or correct any inaccuracies in your information. You can also ask us to provide some of your information to a Third Party.

Right to Object

You have the right to object how we use your personal information. This means you may object at any time to processing of personal information for direct marketing and decisions being made by automated means in addition to information being processed in certain other situations. If you would like to make an objection please contact our DPO with the reasons for your objection.

Right of Access

This allows you access to your personal information and to certain other supplementary information that this Privacy Policy is already designed to address. You can request access to a copy of your personal information that we hold in addition to why we use it, how long we keep it for, who we share it with and whether it has been used for any automated decision making. This will be provided to you in an electronic format from a secure portal or hard copy. We may ask for additional information in relation to your identity for security reasons before providing any information.

Right to Rectification

This gives you the right to request Federal Capital to change or complete any incorrect or partial information we hold about you.

Right to Erasure

This gives you the right to ask for personal information that we hold about you to be erased where it is no longer necessary for us to use or keep the information, you have withdrawn consent or if we have no legal basis to keep the information.

Right to Portability

This gives you the right to transmit some of the personal information we hold about you to a third party. The information can either be provided to you in a commonly used, machine-readable format or can be provided to the third party direct. This only applies to personal information you have given to us direct, if it is for the performance of a contract, based on consent or when processing is done by automated means.

Right to Restriction

You have the right to restrict how we process your personal information in circumstances where you have exercised your right to object, rectification or erasure.

If you would like to exercise any of your rights listed above, please contact our DPO using the details listed in Section 1. Please provide us with the following:

Enough information to identify you, including proof of identity and address (passport, driving licence and a utility bill),

Any information that your request relates to, including any account or reference numbers.

For further information on each of your rights please refer to:

Guidance link: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/

G. Sharing your personal information

Who we share your personal information with is dependent on the products or services we provide to you. For the majority of our products and services we will share your personal information our  CRA’s and FPA’s. For more information on how we use your personal information see previous section: How we use personal information

The personal information we have about you is usually gathered from you direct or through the course of an agreement, from public domain or third parties. In some circumstances we will transfer and obtain personal information from third parties where it is necessary for purposes such as credit checking and fraud prevention or for marketing purposes.

H. Personal information retention

The length of time we keep your personal information for is dependent on how the information is used and recorded. Federal Capital will never retain your personal information for longer than the purposes we require it for or is necessary for us to retain. Generally, this will be up to seven years after the end of the agreement or application in order to comply with our legal obligations.

I. Online activities

Federal Capital uses cookies to track your use of our website www.federalcapital.co.uk

A cookie is a packet of data sent by an Internet server to a browser, which is returned by the browser each time it subsequently accesses the same server, used to identify the user or track their access to the server. We use cookies solely to gather information on IP addresses, administer the website and track your movements on the website. For more information about blocking the use of cookies, please refer to the guidance on your interest browser,

Please note you may not be able to use or access certain areas of our website if you block all cookie usage.

J. How to make a complaint

If you are unhappy with how we process and use your personal information you can make a complaint directly to us, please contact our DPO using details previously supplied.

We aim to resolve any query or concern you raise with us directly, however if we are unable to do so the GDPR also gives you right to lodge a complaint with a supervisory authority. The supervisory authority in the UK is the Information Commissioner’s Office (“ICO”).  Information on how to contact can be found on: https://ico.org.uk/make-a-complaint/

Terms & Conditions

Who we are - Federal Capital Limited is a funder providing finance through its panel of brokers.

“Federal Capital website” means a website provided by Federal Capital Limited.

Use of Federal Capital website

Access to and use of any Federal Capital website both within the UK and internationally is provided by Federal Capital on the following terms:

By using any Federal Capital Website you agree to be bound by these terms, which shall take effect immediately on your first use of any Federal Capital Website. If you do not agree to be bound by all of the following terms please do not access, use and/or contribute to Federal Capital Website.

Federal Capital Limited may change these terms from time to time and so you should check these terms regularly. Your continued use of any Federal Capital Website will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using these websites. If there is any conflict between these terms and specific local terms appearing elsewhere on any Federal Capital Limited Website then the latter shall prevail.

You agree to use Federal Capital Websites only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of any Federal Capital Website. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within any Federal Capital Website.

Intellectual Property

All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on any Federal Capital Website and all content (including all applications) located on the site shall remain vested in Federal Capital. You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use any Federal Capital Website content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any Federal Capital Website content except for your own personal, non-commercial use.

Disclaimers and Limitation of Liability

To the extent permitted by law, Federal Capital excludes all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

Federal Capital does not guarantee the timeliness, completeness or performance of the website or any of the content. While we try to ensure that all content provided by Federal Capital is correct at the time of publication no responsibility is accepted by or on behalf of Federal Capital for any errors, omissions or inaccurate content on the website.

General

If any of these terms are determined to be illegal, then the extent the term is illegal, it shall be severed and the remaining terms shall survive and continue to be binding and enforceable.

The failure or delay of Federal Capital to exercise or enforce any right in these terms does not waive Federal Capitals right to enforce that right.

These terms shall be governed by and interpreted in accordance with the laws of England and Wales which shall have exclusive jurisdiction over any disputes.