JCB Finance is committed to protecting your personal information and complying with all applicable legislation in relation to data protection. This policy describes how we collect, use and disclose your personal information.
This policy applies to any personal information about you that you provide to JCB Finance or which is provided to JCB Finance by third parties.
The data controller in respect of personal information processed under this policy is JCB Finance Ltd. Registered in England No.972265. Registered Office: The Mill, High Street, Rocester, Staffordshire ST14 5JW. JCB Finance Ltd is authorised and regulated by the Financial Conduct Authority (Firm reference number: 708332).
JCB Finance Ltd has two shareholders
We have a Data Protection Officer who you can contact on FREEPHONE 0800 273348 or via email dpo@jcb-finance.co.uk should you have any comments or queries in relation to this policy or JCB Finance’s use of your personal information.
JCB Finance collects personal information about you to provide you with our products and services and to improve and develop these for the future. We will limit the collection and processing to information necessary to achieve one or more legitimate purposes as identified in this policy.
JCB Finance collects the following types of personal information from you (which may also include some financial information about you/your business and the proprietors, officers and beneficial owners of that business and your transactions):
JCB Finance may collect Special Category information, where we’ve obtained your explicit consent or are otherwise lawfully permitted to do so. This will be limited to
JCB Finance receives personal information (which may also include some financial information about you/your business and the proprietors, officers and beneficial owners of that business and your transactions):
JCB Finance may use your personal information (which may also include some financial information about you/your business and the proprietors, officers and beneficial owners of that business and your transactions) for the following purposes:
JCB Finance may provide your personal information (which may also include some financial information about you/your business and the proprietors, officers and beneficial owners of that business and your transactions) to:
FRAUD PREVENTION & MONEY LAUNDERING
Before we provide products or services to you, JCB Finance undertake checks for the purposes of preventing fraud and money laundering and to verify your identity.
We, and fraud prevention agencies, may also enable law enforcement agencies to access and use your personal data to detect, investigate and prevent crime.
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.
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.
CREDIT RECORDS – CREDIT REFERENCE AGENCIES
In considering your applications we will search your credit record together with the record of any partners, other officers, beneficial owners or indemnifiers at the credit reference and fraud prevention agencies, along with the record of your business. Information held about you, any partners, other officers, beneficial owners or indemnifiers by the credit reference agencies may already be linked to others with whom you have a joint account or similar financial association. All parties’ information may be taken into account when considering applications so you should make sure you discuss this with them, and share with them this information, before lodging the application.
Whether or not your applications proceed, the credit reference agency will place a record of our search on your credit file. This record (but not our name) will be seen by other organisations when you apply for credit in the future. A large number of applications within a short period of time could affect your ability to obtain credit.
Whether or not your applications proceed, the credit reference agencies will link your records and those of your financial associate(s), including any previous and/or subsequent names. These links will remain on your and their files until you or they tell the agency you are no longer financially linked and the agency accepts this.
The agencies may supply us with credit information, such as previous applications, the conduct of accounts in your and your financial associate’s name, any business accounts you have, fraud prevention information and public information such as County Court Judgments, bankruptcies and the Electoral Register.
The identity of the credit reference agencies, 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 rights with the credit reference agencies are explained in more detail at https://www.equifax.co.uk/privacy-hub/crain.
When we, credit reference and fraud prevention agencies process personal data, we do so 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 products or services you have requested.
AUTOMATED DECISIONS
JCB Finance will use a scoring or other automated decision-making system to assess your applications and to verify your identity. This means we may automatically decide that you pose a fraud or money laundering risk if:
You have rights in relation to automated decision making, if you want to know more please contact our Data Protection Officer. Their contact details can be found at the top of this document.
CONSEQUENCES OF PROCESSING
If we determine that you pose a fraud or money laundering risk, we may refuse to provide the products or services you have requested, or we may stop providing existing products or 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.
OPEN BANKING
Open Banking is the secure way of providing access to your bank or building society account to providers who are registered for this purpose. Registered providers and participating banks and building societies are listed under the Open Banking Directory. The JCB Finance Open Banking Partner is Consent Online Ltd.
JCB Finance support the use of Open Banking as it allows us to process credit applications efficiently and securely. During your credit application we may safely and securely direct you to our Open Banking Partner’s secure portal for the purposes of granting access to your bank or building society account transactional information. You will not be required to share your banking password or log in details with either us or our Open Banking Partner. Once you have given your consent to share your bank account information on the Portal you will be directed to your own bank or building society’s login page where you will enter in your own login details directly.
Our Open Banking Partner shall, if your bank or building society is registered and subject to their own terms and conditions and privacy policy, provide access under the Open Banking Directory, obtain your transaction information and securely submit this back to JCB Finance. By way of example, the transaction information that we shall receive is likely to include information relating to your income and outgoings.
Our Open Banking Partner shall be entitled to re-access your transaction information for up to 90 days.
The transaction information JCB Finance receive about you will only be used for the credit application and monitoring. It will be held for the period set out in the ‘How long will we keep personal information about you?’ section below. JCB Finance do not sell or share this transaction information with any third party.
Your individual data protection and privacy rights including the right to access, correct, delete, object, restrict, withdraw consent, request transfer and/or make a complaint, continue to apply to relevant personal data we control or process and are dealt with elsewhere in this Privacy Notice.
Under Open Banking as your personal data is shared by your bank or building society and accessed by our Open Banking Partner, you may also be able to exercise your individual data protection and privacy rights against either of them pursuant to their own terms and conditions and privacy policies.
JCB Finance will continue to exchange information about you with credit reference agencies while you have a relationship with us. We will also inform the credit reference agencies about your settled accounts. If you borrow and do not repay in full and on time, the credit reference agencies will record the outstanding debt. This information may be supplied to other organisations by the credit reference agencies.
Agreement information provided to the credit reference agencies remains on file for 6 years after the agreement is closed, whether settled by you or upon default.
JCB Finance will also make periodic searches at credit reference agencies in regard to the ongoing management of your account. Further information can be found in the HOW DO WE USE PERSONAL INFORMATION ABOUT YOU section of this policy.
We retain the right, to access, view and interrogate JCB Livelink or any successor telematics system operating on JCB Products that are subject to any form of finance agreement with us. We may use this system to verify the location, mode of operation, service history or/any other information held on the system regarding operation and/or performance of such JCB Products.
All personal information we have about you is stored on secure servers operated by JCB Finance or its third-party service providers, some of which will use secure public cloud services. JCB Finance is ISO 27001 accredited which demonstrates our commitment to managing your personal information safely and securely.
JCB Finance will keep a copy of your personal information for a period of 6 years from the point of a credit application. If you have an agreement with us we will keep it for a period of 6 years from the point of settlement of that agreement. We will keep personal information which is linked to an account and not a specific agreement or credit application for a period of 10 years from the date of the record.
We may keep your data for longer periods if we cannot delete it for legal, regulatory or technical reasons. Maintaining your personal information for these periods allows us to keep accurate records for our legal obligations and to handle any future complaints.
COOKIES
For detailed information on the cookies we use and the purposes for which we use them see the JCB Finance Cookie Policy.
JCB Finance utilises on-premises and cloud-based solutions for storing your data. All JCB Finance premises are UK based. JCB Finance endeavours to keep all its customer data within UK Datacentres when stored within cloud solutions. Should it not be possible to retain this data within the UK primarily for backup and redundancy reasons this data never leaves the EU geographical jurisdiction.
The European Commission adopted decisions on the UK’s adequacy under the European Union (EU) General Data Protection Regulation. The European Commission has found the UK to be adequate. This means that most data can continue to flow to/from the EU without the need for additional safeguards.
JCB Finance core datacentres operate from within the UK but some of our business partners may be located outside the UK and/or EU.
Where we transfer customer’s personal information outside the UK and EU (including to other NatWest Group companies), we will ensure that it is protected in a manner that is consistent with how their personal information will be protected by us in the UK and EU. This can be done in a number of ways, for instance the country that we send the information has privacy laws that give the same protection as the UK and EU; or the business partner may have signed up to a contract, obliging them to protect customers personal information. In all cases, however, we will ensure that any transfer of personal information is compliant with applicable data protection law.
You have the following rights in connection with your personal information processed by JCB Finance:
We may have used an automated credit decision making system to assess your application. You can have the decision manually reviewed by one of our credit underwriter’s. If you wish it to be reviewed please can you address your request in writing to: The Head of Credit, JCB Finance Limited, The Mill, High Street, Rocester, Staffordshire ST14 5JW, giving any additional information which you feel may help the credit underwriter.
You have a right at any time to opt-out or withdraw consent of receiving marketing from us and/or to amend the delivery method we use. We will only use your personal information to send you marketing messages if we have either your consent or a ‘legitimate interest’. That is when we have a business or commercial reason to use your information. It must not unfairly go against what is right and best for you.
To manage your rights and delivery preferences please follow the instructions in our marketing communications, enquiry forms or write to us at:
Post: Marketing Department, JCB Finance Limited, The Mill, High Street, Rocester, Staffordshire ST14 5JW. Email: info@jcb-finance.co.uk
If you have a JCB Finance online account, you can manage your marketing preferences via this method. If you are not a JCB Finance online account user and would like to be, please visit www.jcb-finance.co.uk/online.
You can exercise any of these rights at any time by contacting our Data Protection Officer using the contact details provided above and we will respond within the timelines detailed in the DPA 2018.
If you are concerned or have questions about how JCB Finance handles your personal data please contact us and we will do our best to assist you. Please note that you have the right to lodge a complaint with the UK Information Commissioner’s Office (or any other appropriate supervisory authority), which may be accessed through the following link https://ico.org.uk/concerns.
Please note that in some cases, if you do not agree to the way we process your information, it may not be possible for us to provide certain products and services to you.
DATA BREACH NOTIFICATION
In the event any data held about you is involved in a high-risk data breach event, JCB Finance will notify you via email and/or in writing. This notification will include but is not limited to:
This notification will always come from an “@jcb-finance.co.uk” address and you will receive this within 72 hours of the discovery of the breach.
REPORTING OF FRAUDULENT ACTIVITY AND DATA BREACH INCIDENTS
In the event you suspect any data breach has taken place on your account or you notice fraudulent activity on your account please report this immediately to support@jcb-finance.co.uk. The JCB Finance representative will collect all relevant information and evidence from you and advise of next actions to be taken.
JCB Finance reserve the right to revise this privacy policy or any part of it from time to time. Please check back frequently to see any updates or changes to our privacy policy.
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