Privacy and Data Protection

Service Messages

1. SMARTCREDIT hates spam and will never send you unsolicited communications. There are some messages ("Service Messages") that we will need to send you. These may be sent via email, post or text message and include notifications about your loan application, Repayments or balance if you are a borrower and Information about your balance and account status if you are a lender. The full list is:

   1. Welcome messages with the Information you need to get started;

   2. Legal Information about your borrowing and lending;

   3. Alerts about My SMARTCREDIT;

   4. Updates about the progress of your loan or lending offers.

Occasional Updates

1. When you register on SMARTCREDIT you are offered the option to receive our occasional updates. These messages notify you about new features on the site, ask your opinion, and tell you about services you might not be using yet. We only send these messages when there is something worthwhile to tell you about. If you decide you no longer want to receive these messages you can change your contact preferences in the "My Contact Preferences" area once you're logged in.

General Operational Purposes

1. We as Information controller may collect and use your Personal Information for: statistical analysis; to develop and improve our products; to update your records; to identify which of our, or others', products might interest you; to assess lending and insurance risks; to arrange, underwrite and administer insurance and handle claims; to identify, prevent, detect or tackle fraud, money laundering and other crime; to carry out regulatory checks; keeping you informed about your lending or borrowing and for market research. In addition:

   1. If false or inaccurate Information is provided and fraud is identified, details will be passed to fraud prevention agencies.

   2. Law enforcement agencies may access and use this Information.

   3. We and other organisations may also access and use this Information to prevent fraud and money laundering, for example, when:

      1. checking details on applications for credit and credit-related or other facilities

      2. managing credit and credit-related accounts or facilities

      3. recovering debt

      4. checking details on proposals and claims for all types of insurance

      5. checking details of job applicants and employees

   4. Please contact us at contactus@SMART CREDIT.com if you want to receive details of the relevant fraud prevention agencies.

   5. We and other organisations may access and use from other countries the Information recorded by fraud prevention agencies.

2. We will keep your Personal Information confidential and only give it to others for the purposes we explained when you applied to us, and:

   1. if you ask us to or give us your permission to do so;

   2. to a credit reference agency to check your identity and to prevent fraud (they will also keep a record of your request and use it whenever anyone applies to be authenticated in your name);

   3. if you are a Borrower, to tell credit reference agencies that you have an account and how you run that account;

   4. to our agents and subcontractors, acting for us or for Lenders, to use for the purpose of operating the Lending Platform and obtaining payment;

   5. to investigate, prevent or detect fraud or carry out checks against money laundering;

   6. to share Information via an organisation which provides a centralised application matching service which it collects from and about mortgage and/or credit applications, for the purpose of preventing and detecting fraud;

   7. to a reputable, licensed credit broker or lender in the event that you apply to borrow money at SMART CREDIT, your application is declined or the loan monies are otherwise unavailable and we reasonably believe that the credit broker or lender may be able to help you obtain a loan. In these cases, the third party may use your personal information provided via the SMARTCREDIT application to perform a soft search with a credit reference agency to check your eligibility for their products. A soft search will not impact your credit rating;

   8. to trace debtors and recover debt;

   9. to meet our obligations to any relevant regulatory authority or taxing authority;

   10. if we have to by law, the law allows it, or it is in the public interest;

   11. if all of the assets which we use to operate the Lending Platform (or substantially all of them) are acquired by a third party, we may transfer personal Information we then hold to that party so that the acquirer can continue to operate the Lending Platform; and

   12. each Business Borrower may be contacted to provide Information that will be used for statistical purposes to assess the effectiveness of the Business Finance Partnership programme. Any such Information will be treated in aggregate and without specific reference to your business activities.

3. We will check your details with a fraud prevention agency or agencies, and if you give us false or inaccurate Information and we suspect fraud, we will record this to:

   1. help make decisions about credit and credit related services, for you;

   2. help make decisions on motor, household, credit, life and other insurance proposals and insurance claims, for you and members of your household;

   3. trace debtors, recover debt, prevent fraud, and to manage your accounts or insurance policies;

   4. check your identity to prevent money laundering, unless you furnish us with other satisfactory proof of identity;

   5. checking details of job applicants and employees;

   6. Please email info@smartcredit.es if you want to receive details of the relevant fraud prevention agencies.

4. Any credit reference agency you search through SMARTCREDIT will keep a record of any search, and other Lenders may use it to assess applications they receive from you in the future.

5. As a general rule, we will give you at least 28 days notice if we decide to file a default on your credit reference file. However, we may not always give you notice beforehand, for example, if we plan to take court action.

Access to Your Personal Data

1. Under the Data Protection Act 1998, you have a right to access certain personal records we, credit reference agencies and fraud prevention agencies hold about you. This is called a "subject access request", which you can make by writing to us at info@smartcredit.es. A fee may be payable, but we will not charge you until we have told you how much the fee is and what it is for, and you have told us you still want to proceed.

Contacting Other Customers

1. We do not disclose your Personal Information to any other SMARTCREDIT Customers unless it is necessary to enforce any of your Loan Contracts. If you receive such Information, you are not permitted to use it directly, other than in communication with us about your Loan Contracts.

2. You agree that, in the course of generating and managing your Loan Contracts, and operating My SMART CREDIT, the Lending Platform will need to send to Lenders and their assignees or the Borrower, as the case may be, certain transactional Information (for example, unique identifier, loan amount and Repayment details) but not your full name, post code address or payment details. We will not be liable for any use or misuse of the transactional data by others, but you must inform us of any misuse of the Lending Platform of which you are aware.

Monitoring and Recording

1. We may monitor, record, store and use any telephone, email or other communication with you in order to check any instructions given to us, for training purposes, for crime prevention and to improve the quality of our customer service.

Your Customer Content and Use of the Lending Platform

1. You represent, warrant and undertake that none of your Customer Content will violate or infringe upon the rights of any third party, including Intellectual Property Rights; or contain libellous, defamatory or otherwise unlawful material. In addition, you undertake not to use the Lending Platform or any part of the SMARTCREDIT web site(s), blog or discussion board(s) to:

   1. harvest or collect email addresses or other financial, personal or contact Information of Customers or other users from the Lending Platform by electronic or other means for the purposes of sending unsolicited communications or inviting any person to lend or borrow outside the Lending Platform;

   2. use the Lending Platform in any unlawful manner or in any other manner that could damage, disable, overload or impair the Lending Platform or the servers on which it is hosted;

   3. use automated scripts to collect Information from or otherwise interact with the Lending Platform;

   4. upload, post, publish, display, transmit, share, store or otherwise make available on the Lending Platform any Information that we may deem:

      1. to be misleading, harmful, threatening, unlawful, libellous, defamatory, infringing of any intellectual property rights, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;

      2. to contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

      3. to be unsolicited or unauthorised advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

      4. to be the private Information of any third party, including, without limitation, addresses, phone numbers, email addresses, National Insurance numbers or other identifiers, credit card numbers and/or debit card numbers;

      5. to be an attempt to promote or market any goods or services for your own financial benefit;

   5. register at SMARTCREDIT more than once or register for at SMARTCREDIT on behalf of an individual other than yourself, or register at SMARTCREDIT on behalf of any entity without that entity's prior written authorisation;

   6. impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, your financial employment or personal circumstances or your affiliation with any person or entity; use or attempt to use another's account, service or system without authorisation from us, or create a false identity on the Lending Platform.

   7. solicit personal Information from anyone under 18 or solicit passwords or personally identifying Information for commercial or unlawful purposes;

   8. invite any person to lend or borrow money outside the Lending Platform or to transact on the basis of any change (other than a change agreed with SMART CREDIT) to these Principles, the Loan Conditions or any other terms or conditions contained in the Lending Platform.

2. You are solely responsible for your Customer Content. You may not post, transmit, or share Customer Content on the Lending Platform that you did not create or that you do not have permission to display, publish or post. You understand and agree that we may, but are not obligated to, review the Lending Platform and may delete or remove (without notice) any SMART CREDIT Information or Customer Content in our sole discretion, for any reason or no reason, including without limitation Customer Content that in our own absolute discretion violates any provision(s) of these SMARTCREDIT Principles. You are solely responsible at your sole cost and expense for creating backup copies and replacing any Customer Content.

3. When you post your Customer Content, you authorise and direct us to make such copies thereof as we deem necessary in order to facilitate the publication, display and storage of the Customer Content on the Lending Platform. By posting Customer Content to any part of the Lending Platform, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Customer Content for any purpose on or in connection with the Lending Platform, SMARTCREDIT web site(s), blog or discussion board(s) or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Customer Content, and to grant and authorise sublicenses of the foregoing. You may remove your Customer Content from the Lending Platform at any time. If you choose to remove your Customer Content, the license granted above will automatically expire, however you acknowledge that we may retain archived copies of your Customer Content.

4. You agree to indemnify and hold each other Customer, us, our subsidiaries and affiliates, and each of SMARTCREDIT's directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any of your Customer Content, your use of the Lending Platform, your conduct in connection with the Lending Platform or with other users of the Lending Platform, or any violation of these SMARTCREDIT Principles or of any law or the rights of any third party.

5. You are solely responsible for your interactions with other SMARTCREDIT Customers. We reserve the right, but have no obligation, to monitor disputes between you and other users.