Terms & Conditions / Data Protection Notice
DATA PROTECTION NOTICE
PLEASE READ CAREFULLY THIS DATA PROTECTION NOTICE AND PARAGRAPH 5 (DATA PROTECTION) IN OUR TERMS OF BUSINESS BELOW.
If you have any questions or requests, then please contact us on 01590 610689 or write to: info@cgifinance.co.uk. If you have a complaint, then please get in touch with our Complaints Manager on 01590 610689 or by writing to complaints@cgifinance.co.uk or in writing to Compagnie Generale de Location d’Equipments UK, First Floor, 55 High Street, Lymington, Hampshire, SO41 9AH.
We are committed to protecting your privacy and want to ensure that all of the information and personal data we hold about you is correct, up-to-date, relevant and secure. More detailed information about how we do this and how we use your information and personal data is set out in Paragraph 4 (DATA PROTECTION) in our Terms of Business below.
Under applicable data protection laws, you have certain rights when it comes to the information and personal data we hold about you. These include (for example) a right to provide you with a copy of the personal information we hold about you. More information about your rights is set out in Paragraph 4 (DATA PROTECTION) in our Terms of Business below.
Please note that we will:
i. search Credit Reference Agencies and Fraud Prevention Agencies to check your identity, and credit status. For this loan application, we will assess you on your own (except where there is a second applicant to this Loan Application Form);
ii. check the information disclosed in a Loan Application Form and may decline the application if the information disclosed is inaccurate, incorrect, not up-to-date and/or incomplete. If false or inaccurate information is detected and/or fraud is identified, details may be passed to Fraud Prevention Agencies to prevent fraud and/or money laundering; and
iii. prepare analysis on your behalf (and the second applicant’s behalf if there is a second applicant to a Loan Application Form) and share this along with your personal information and your search results with our Head Office in France, Compagnie Générale de Location d’Equipements SA (CGI Finance), Societe Generale, the Societe Generale Group, as part of your application and for their credit and risk analysis.
Terms of Business – Credit Broking Services
This document sets out how we will deal with you in the provision of the loan.
1. AUTHORISATION
Compagnie Generale de Location d’Equipements UK (CGI FINANCE) is authorised and regulated by the Financial Conduct Authority (FCA). The Financial Conduct Authority (FCA) regulates financial services in the UK and you can check our authorisation and permitted activities on the Financial Services Register by visiting the FCA’s website www.fca.org.uk/firms/systems-reporting/register or by contacting the FCA on 0800 111 6768.
Compagnie Generale de Location d’Equipments UK is authorised and regulated by the Financial Conduct Authority (FRN: 959023). Compagnie Generale de Location d’Equipements UK is the UK branch of CGL, Compagnie Générale de Location d’Equipements SA, a French credit institution created in 1951 and a subsidiary of the Société Générale Banking Group. Both CGL and its UK branch trade under the name CGI FINANCE.
2. OUR SERVICES
We will at all times act in your best interests. We will provide loans that are suitable to the requirements you disclose to us.
When the preferred option has been agreed, we will provide you with information about the loan to ensure you understand your responsibilities and commitments before proceeding.
3. OUR CHARGES
We will not charge you arrange fee for your loan.
We will, in some circumstances, pay commission to the boat dealer who has introduced you to us. The amount of the commission does not vary depending on the features of your loan and this payment does not affect the amount you pay under the terms of the loan agreement.
4. DATA PROTECTION
We are the data controller of the information we hold about you under the Data Protection Act 1998 and other applicable data protection laws such as the General Data Protection Regulation.
References to (a) “we”, “us”, or “our” mean Compagnie Generale de Location d’Equipements (the UK branch and the French Headquarters), and (b) “you”, or “your” refer to you. References to “your information” includes but is not limited to your personal data.
Your rights
In this section, we have summarised the rights that you have under applicable data protection laws. Some of the rights are complex, and not all of the details have been included in our summaries below. Accordingly, you should read the applicable data protection laws and guidance from the UK Information Commissioner for a fuller explanation of these rights. You can do so by using this link https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/.
You may exercise any of your rights below in relation to your personal data by writing to:
• our UK Data Officer at: dataofficer@cgifinance.co.uk or by post: Data Officer, Compagnie Generale de Location d’Equipements UK, First Floor, 55 High Street, Lymington, Hampshire, SO41 9AH; or
• our French Data Officer at: pdcp-cgl@cgifinance.fr or by post: Compagnie Generale de Location d’Equipements, PCDP, 69 Avenue de Flandre, 59700 Marcq-en-Barœul, France.
For security reasons, your request must be accompanied by a copy of your proof of identity..
Your principal rights under the applicable data protection laws are:
(a) the right to access: You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee. We may ask for documentary evidence to prove your identity before we provide you with requested information;
(b) the right to rectification: You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed. You can ask us to make any necessary changes to ensure that your personal data is accurate and kept up to date;
(c) the right to erasure: In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data is no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; the processing is for direct marketing purposes; and the personal data has been unlawfully processed. However, there are certain general exclusions of the right to erasure. Those general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation to which we are subject; or for the establishment, exercise or defence of legal claims;
(d) the right to restrict processing: In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
(e) the right to object to processing: You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims;
(f) the right to data portability: To the extent that the legal basis for our processing of your personal data is consent, and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others;
(g) the right to complain to the UK Information Commissioner: If you consider that our processing of your personal data infringes the applicable data protection laws, you have a legal right to lodge a complaint with the UK Information Commissioner (www.ico.org.uk) which is the UK data protection regulatory body; and
(h) the right to withdraw consent: To the extent that the legal basis for our processing of your personal data is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
If you want to request the Credit Reference Agencies (“CRAs”) and/or the Fraud Prevention Agencies(“FPAs”) we use (see below to find out who these are) to provide you with information that they hold about you, you must contact them directly to do this.
What information do you collect and use about me?
The collection of such information is obligatory. Should you fail to provide complete information, your demand for finance may be refused by us. Any false or incorrect declaration may be the subject of special action intended to prevent fraud. We collect and use the following information about you (a) your name, address, phone numbers, email address, date of birth, nationality, residential address, employment, banking and financial details (e.g. your income), (b) information we receive about you so that we may make a decision about you or your application (including information collected from the CRAs), (c) details of the loans you may already have and may have had with us and all transactions, and (d) any other information which we reasonably need to comply with our legal obligations. As the case may be, we may collect information concerning members of your household. Your data will also be used to update information already held by us.
How do you collect my information?
We collect information about you in a number of ways (a) information you provide to us through your applications, (b) information you provide through communications with us, and (c) from third parties such as CRAs and FPAs. The (a) CRAs we use are Experian (registration number 00653331 with registered office at The Sir John Peace Building, Experian Way, Ng2 Business Park, Nottingham, NG80 1ZZ) and Dunn & Bradstreet (registration number 00160043 with registered office at Marlow International, Parkway, Marlow, Bucks, SL7 1AJ) and (b) the FPA we use is SmartSearch (registration number 05534508 with registered office at Mayfield House, Lower Railway Road, Ilkley, Leeds, LS29 8RL). We may also check any information provided by verifying such information with the HM Land Registry (address: PO Box 74, Gloucester, GL14 9BB or email: support@landregistrydocuments.uk).
How do you use my information?
• UK branch processing purposes
In the UK, we will process your information to:
(a) search CRAs’ records to verify your credit status. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract;
(b) search FPAs’ records to establish and verify your identity and, if necessary, that of the members of your household. The legal basis for this processing is for our compliance with a legal obligation to which we are subject;
(c) screen your loan application. We do this before we transfer your loan application to our Headquarters in France and to check the information we hold about you irrespective of whether this information was provided to us by you. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract;
(d) share your information, loan application, search results and make a decision regarding your loan application. Your information, loan application and search results will be shared between our UK branch and our Headquarters in France in order to make credit decisions about you, evaluate and decide on your loan application, assess lending risks and to check the details that you have communicated to us. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract;
(e) set up and manage guarantees. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract;
(f) identify, develop or improve our products and services. The legal basis for this processing is our legitimate interests, namely the proper administration and operation of our business as well as to monitor our business, products and services;
(g) manage your loan and customer relations. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract;
(h) carry out, monitor, analyse our business and carry out surveys. The legal basis for this processing is our legitimate interests, namely the proper administration and operation of our business;
(i) design and hosting of our software by our software provider. The legal basis for this processing is our legitimate interests, namely the proper administration and operation of our business;
(j) share your applicant information, and personal data, application and your search results with other firms, organisations or persons we use. The legal basis for this processing is our legitimate interests, namely the proper administration and operation of our business, the collection of payments or the provision of a product or service on your behalf;
(k) operate and manage your file and manage any loan application, agreement or correspondence you may have with us. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract;
(l) carry out, monitor and analyse our business. The legal basis for this processing is our legitimate interests, namely the proper administration and operation of our business;
(m) identify, prevent, detect or tackle fraud, money laundering, terrorism and other crimes. The legal basis for this processing is for our compliance with a legal obligation to which we are subject;
(n) create a limited profile of you as an individual as part of your loan application. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract;
(o) carry out market research (e.g. surveys), business and statistical analysis (e.g. develop statistical models). The legal basis for this processing is our legitimate interests, namely the proper administration and operation of our business as well as to monitor and improve our business;
(p) provide information to independent external bodies such as governmental departments and agencies and similar to carry out research. Where we are legally compelled to provide the information, the legal basis for this processing is for our compliance with a legal obligation to which we are subject. Where we are not legally compelled to provide the information, the legal basis for this processing is our legitimate interests, namely to provide information that can be highly useful to such external bodies and beneficial to society at large;
(q) carry out audits. The legal basis for this processing is our legitimate interests, namely the proper administration and operation of our business as well as to monitor and improve our business and services;
(r) perform other administrative and operational purposes. The legal basis for this processing is our legitimate interests, namely the proper administration and operation of our business;
(s) keep your contact details and address up to date. The legal basis for this processing is our legitimate interests, namely the proper administration and operation of our business and to communicate with you;
(t) retain, store and archive the information. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract. From the point when your finance is repaid in full and any mortgage has been removed, the legal basis for this processing is our legitimate interests, namely the proper administration and operation of our business, to comply with our legal and regulatory obligations, and the protection and assertion of our legal rights, your legal rights and the legal rights of others.
(u) to delete it when the information is no longer retained by us. The legal basis for this processing is our legal and regulatory obligations, namely the proper administration and operation of our business and our compliance with a legal obligation to which we are subject;
(v) when and to the extent necessary to comply with our legal and regulatory obligations; and
(w) (where necessary) for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
Your information may also be used for other purposes for which you give your permission, where we are permitted to do so by law, or it is in the public interest to disclose the information or is otherwise permitted under the terms of the Data Protection Act 1998 and other applicable laws such as the General Data Protection Regulation.
• Headquarters processing purposes
The processing of your information by our Headquarters will be subject to French law and more particularly the Law 78.17 of January 1978 relating to Personal Data Processing and Data Protection. This data and any information already held by us relating to your personal, economic, financial and/or banking situation, as the case may be, and any information concerning members of your household, together with any information collected subsequently, will be processed by our Headquarters for the following purposes:
(a) assist the UK branch in carrying out the purposes described above.
(b) assess and manage credit risks. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract;
(c) for recovery matters. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract;
(d) to prevent payment incidents and irregularities. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
Your information may also be used by us to meet other legal, regulatory or administrative obligations than those detailed above.
Your information will be processed electronically by us. Your telephone conversations with staff may be monitored and recorded to improve the quality of our services.
With whom do you share my information?
We may share information about you for the sole purposes above with:
(a) our Headquarters in France (please see below for further details);
(b) any firm, organisation or person for the sole purposes of implementing the purposes stated above. These providers have limited access to your information to perform these tasks on our behalf and are contractually obligated to use it consistent with this Paragraph 4;
(c) government or regulatory authorities when are ordered or required to do so in order to identify, prevent, detect or tackle fraud, money laundering, terrorism and other crimes – this is to ensure our compliance with a legal obligation to which we are subject to (Article 6(1)(c), General Data Protection Regulation);
(d) any firm, organisation or person to whom we sell or transfer (or enter into negotiations to sell or transfer) our business or any of our rights or obligations under any agreement we may have with you. If the transfer or sale goes ahead, the transferee or purchaser may use your information in the same way as us. However, use of your personal data will remain subject to this Paragraph 4;
(e) a successor in interest as part of a corporate re-organisation or purchase of our business or company or in the unlikely event of an insolvency event such as a liquidation, insolvency, bankruptcy or administration. In the case of an insolvency event, our customer database may be sold separately from the rest of our business, in whole or in a number of parts. It could be that the purchaser’s business is different from ours too;
(f) authorised companies within the SOCIETE GENERALE Group and to supervisory or judicial authorities dealing with financial management, financial control, the fight against money-laundering, the financing of terrorism and the application of financial sanctions;
(g) regulatory and governmental authorities, ombudsmen, or other authorities, including tax authorities where we are requested by them to do so; and/or
(h) CRAs and FPAs or any similar organisation which provides a centralised application matching service that collects information from and about credit applications, for the purpose of preventing and detecting fraud.
Please note that as a result of a UK government decision and the June 2021 EU GDPR adequacy decision, your personal data can be transferred freely between our UK branch and our Headquarters in France. Your information may be transferred to subcontractors established in countries not members of the European Economic Area (EEA). In this case, we will, in order to ensure the security and confidentiality of your information and determine the terms and conditions for working with these subcontractors within a detailed contractual framework.
Security & Retention
We take appropriate technical and organisational measures to guard against unauthorised or unlawful processing of the information we hold about you and against accidental loss or destruction of, or damage to, such information.
This section sets out our data retention policies and procedures, which are designed to help ensure that we comply with our legal and regulatory obligations in relation to the retention and deletion of personal data. Information that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
We will retain your information for 1 year from the date of last action if the file does not proceed or is declined by us and for 6 years from the date of repayment in full of the loan monies in other cases. During these periods your data is kept on-line with our cloud storage provider in the UK and also stored on our Headquarters’ IT servers in France. At the end of these periods of retention, your information data will be deleted. However, we may retain your information where such retention is necessary for our compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of others.
No paper versions of your data are collected or retained for any period.
Once finance has been granted, your information will be retained by us for a period of 6 years after the end of the contractual relationship with us. If finance is refused or you do not continue with the finance, your information will only be retained for a period of 18 months from the date of the last event. Calls monitored with our staff will be kept for a maximum of 6 months.
5. COMPLAINTS
Our aim is to provide you with a professional and confidential service that delivers the highest possible standards. However, there may be occasions where you feel this has not been achieved and should you wish to make a complaint about any aspect of the service we provide to you, you can do this by writing to our Complaints Manager at Compagnie Generale de Location d’Equipements UK, First Floor, 55 High Street, Lymington, Hampshire, SO41 9AH, or by emailing us on complaints@cgifiance.co.uk or by telephoning us on 01590 610689 where we will try to resolve your concern at the earliest time possible.
A summary of our internal complaints handling procedures for the reasonable and prompt handling of complaints is available here and if you cannot settle your complaint with us, you may be entitled to refer it to the Financial Ombudsman Service at www.financial-ombudsman.org.uk or by contacting them on 0800 023 4 567.
6. LAW
This client agreement is governed and shall be construed in accordance with English Law and the parties shall submit to the exclusive jurisdiction of the English Courts.
7. YOUR CONSENT & AGREEMENT
We intend to rely on these Terms of Business for the services we provide to you and request that you hereby provide your agreement and consent to these Terms of Business (including the Data Protection sections) above.