Who we are
The organisation responsible for processing your personal and financial information is Esme Loans Limited, a member of The Royal Bank of Scotland Group (“RBS”).
We will process information about
a) You and your business partners, including any other Directors; and
b) Shareholders who are beneficial owners of 25% or more of the business.
How we will use and share information
(a) Credit reference and fraud prevention agencies
(i) Assessing the application
a. We may request information about you, your business and the proprietors of that business from credit reference agencies to help verify your identity, and to check your credit status to help assess your ability to repay any credit. Those agencies may keep a record of our request(s) and this may affect your ability to obtain company (but not personal) credit elsewhere.
b. When assessing this application, we may consider any financial connections you have with third parties (for example joint company directors). Any financial connection will remain on your record until you request the third party’s information to be removed from your record. You can do this by filing a “notice of disassociation” with the credit reference agencies.
c. If you are married, are in a relationship, or have an association with someone with whom you have created a joint financial interest (i.e. a joint account) (a “financial partner”), we may also check your financial partner’s personal accounts. Whilst this type of search will not be traceable or recorded on the files of credit reference agencies, you should let them know that this may happen.
d. If you are a director, we will seek confirmation, from credit reference agencies, that the residential address that you provide is the same as that shown on the restricted register of directors’ usual addresses at Companies House.
e. If you give us false or inaccurate information and we suspect or identify fraud, we will record this and may also pass this information to fraud prevention agencies and other organisations involved in crime and fraud prevention.
(ii) Ongoing data sharing after loan is approved
a. Where you borrow or may borrow from us, we will give details of your business account, including names and parties to the account, and how you manage it to credit reference agencies.
b. If you borrow and do not repay in full and on time, we will tell credit reference agencies.
c. We may make periodic searches of our own group records and credit reference agencies to manage your account with us, including whether to continue or extend existing credit. We may also check at fraud prevention agencies to prevent or detect fraud.
d. We may use credit reference agencies to trace your whereabouts and recover payment if you do not make payments that you owe us.
● If you are not authorised to give agreement on behalf of your business partners’ for such checks to be carried out they will also need to give their agreement to proceed.
(b) With other RBS and third party organisations:
We may process and receive information with/from other third party organisations to:
a. service the application;
b. build a profile of your personal and business spending activity;
c. retrieve information from marketplace accounts you choose to provide us access to in order to monitor ongoing business transaction activity;
d. where you have chosen to link your bank accounts to us, to retrieve historic 12 month statement information on an ongoing basis about your business bank account;
e. use scoring methods to assess this application;
f. improve the relevance of our products and marketing;
g. comply with legal and regulatory screening requirements, including confirming your eligibility to hold a UK bank account and sanctions screening;
h. send and store information abroad in a secure manner;
i. meet potential requirements to disclose certain information to regulators, government bodies and similar organisations around the world, including the name, address, tax number, account number(s), total gross amount of interest paid or credited to the account and the balance or value of the account(s) of our customers to HM Revenue and Customs (“HMRC”). HMRC may exchange this information with other countries’ tax authorities;
j. undertake periodic statistical analysis or testing to ensure the accuracy of existing and future products and services; and
k. make application decisions based on solely automated checks of information from credit reference agencies and internal RBS records. Where decisions are based solely on automated processing you have a right to request the logic behind the automated decision making process and a right to a manual decision.
Security of information and records retention
a. Information we store or pass onto third party providers is kept safe and secure in accordance with our Information Security Policy.
b. Information from market place accounts is sent to us via a secure Application Programming Interface (API) and is subject to the security requirements of those market place vendors.
c. We retain information in accordance with retention schedules which take into account legal, regulatory and business requirements.
What Credit Reference and Fraud Prevention Agencies do
When credit reference agencies receive a search from us they will:
a. record the details that are supplied on your business account (including previous and subsequent names of parties to the account and how you manage it/them.)
b. place a credit search “footprint” on your company credit file whether or not this application proceeds. If the search was for a credit application the record of that search (but not the name of the organisation that carried it out) may be seen by other organisations when your business applies for credit in the future;
c. place an enquiry search on the personal credit files of any director/owner or partner that have been searched. Place an associate enquiry search on your personal financial partner’s credit file, if that is checked. These enquiry searches will not be seen by other organisations if any director/owner or partner applies for credit in the future;
d. link together the previous and subsequent names advised by you, of anyone that is a party to the account;
e. place an enquiry or identification search on the record of any shareholder who is a beneficial owner;
f. create a record of the name and address of your business and its proprietors if there is not one already;
g. record the outstanding debt if your business borrows and does not repay in full and on time;
h. retain the records for 6 years after the loan is settled or defaulted; and
Supply to us:
a. information about your business such as previous applications for credit and the conduct of the accounts and also similar personal credit information in your name (your personal partner’s name) and of your business partners;
b. public information such as County Court Judgments (CCJs) and bankruptcies;
c. electoral Register information on you and your business partners;
d. fraud prevention information; and
e. confirmation or otherwise that the usual residential addresses supplied by directors match those on the restricted register4 held at Companies House (or for those directors’ addresses registered under section 243 of the Companies Act, that the usual residential addresses supplied by directors match those on the credit reference agency’s proprietary business directory).
● With effect from October 2009 two registers have operated at Companies House; a public register available to all and a restricted register available only to public sector organisations and credit reference agencies which may be accessed only for certain specified purposes
How your data will NOT be used by credit reference agencies
a. it will not be used to create a blacklist; and
b. it will not be used by the credit reference agency to make a decision.
How to find more
You can request your personal data held by sending in a Data Protection Act 1998 Subject Access Request to either of the following:
● CallCredit, Consumer Services Team, PO Box 491, Leeds, LS3 1WZ or call 0870 0601414 (Personal credit data only)
● Equifax PLC, Credit File Advice Centre, PO Box 3001, Bradford, BD1 5US or call 0870 010 0583 or log on to www.myequifax.co.uk
● Experian, Consumer Help Service, PO Box 8000, Nottingham NG80 7WF or call 0870 241 6212 or log on to www.experian.co.uk.
Giving your consent
By continuing with this application, you agree that we may use your information in the ways described above and are happy to proceed.
You are also confirming that:
1. you are holding authorisation from the other officers, financial partners and beneficial owners to consent to the searches against them as individuals and use of the information indicated in this agreement;
2. and you will promptly notify them of any changes we notify to you about the use of information provided in this form or obtained as a result of the credit searches;
3. and you have notified the other officers and beneficial owners that if they would like a copy of the information we hold on them or have any questions about how we use that information they should write to the bank at the address shown in the Terms; and
4. you have retained a copy of this form and have provided the other officers and beneficial owners with a copy of this form including the Terms under ‘Accessing your information’
As part of the application process we may ask you to verify your compliance with the process set out above.
Esme Loans Limited and its Parent Group would like to keep you informed about products, services and offers that we believe may be of interest to you. Your preference to receive this information will be collected at point of initial application registration, and you can then update these preferences at any time within your “My account” area.
Esme Loans Limited will not share your information with third parties for their own marketing purposes
Communications about your account
Notwithstanding your marketing choices above, we will contact you with information relevant to the operation and maintenance of your account by a variety of means including online banking, mobile banking, email, text message, post and/or telephone.