Our Privacy Policy

Introduction

This privacy policy tells you what to expect when Eclipse Property And Commercial Finance Limited collects personal information about you. It explains how we collect information about you, how it will be used and your rights under the data privacy laws.

We are committed to protecting and respecting your privacy and ensuring that any information we do collect and use, we do so in accordance with the data privacy laws.

Who Is Responsible For Your Personal Information

Eclipse Property and Commercial Finance Limited, as the Data Controller, determines the purposes for which and the manner in which, any personal data is, or is to be, processed. Data Controllers must ensure that any processing of personal data for which they are responsible complies with the Data Protection Act

Personal Information

Personal Information or personal data means any information about an individual from which that person can be identified such as name, address, email address, including business addresses and business email addresses where the name of the recipient is specified.

At Eclipse Property and Commercial Finance Limited, the personal information we would collect about you would be:

• Information we gather about you from publically available sources and third parties such as local authority planning portals, the Companies House website
• Information you provide us with through direct interaction such as over the phone, via email, at personal meetings, online questionnaires via our website
• Information you provide us with by completing a proposal form for finance or for satisfying our own or a lender’s legal and regulatory requirements

By providing us with information about yourself, you are considered to be a Data Subject.

Lawful Basis For Processing Your Personal Data

We will only use your personal data when the law allows us to. The 6 lawful bases for processing your personal data are:

1. Consent of the Data Subject
2. Processing is necessary for the performance of a contract with the Data Subject, or to take steps to enter into a contract
3. Processing is necessary for the compliance with a legal or regulatory obligation
4. Processing is necessary to protect the vital interests of a data subject or another person
5. Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Data Controller
6. Processing is necessary for the purposes of legitimate interests pursued by the Data Controller or a third party, except where such interests are overridden by the interests, rights or freedoms of the data subject

At Eclipse Property And Commercial Finance Limited, we have identified that we will be processing personal data in the following circumstances:

• Consent from a Data Subject
• Where we need to perform a contract we are about to enter into or have entered into with you or where you have asked us to take specific steps before entering into a contract
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests
• Where we need to comply with a legal or regulatory obligation.

In general we would rely on our legitimate interests in delivering our service to you to process your personal data but we may process your personal data under more than one lawful basis depending on the specific purpose for which we are using your data. We will only ever use your personal information in the way you would reasonably expect us to, it will be proportionate and will have a minimal privacy impact.

You can at any time object to us contacting you for direct marketing purposes and we will stop processing your personal information for this purpose. For other purposes, we will also stop processing your personal information unless our legitimate interests are compelling enough for us to continue processing your date, for example our regulatory obligations. If however you are a private individual, a sole trader or partnership and we would like to send you marketing emails, we will require your consent to do so.

Why We Gather Personal Information About You

We process information provided by you and other sources in order to deliver the appropriate products and services to you. Such as:

• Providing our finance consultancy and brokerage services and/or our land brokerage services to you including sharing your data with prospective lenders, investors, vendors, purchasers, consultants, contractors and IT and other service providers necessary for the purposes of our business and in accordance with appropriate disclosure requirements
• Notifying you about important changes or developments to these services
• To follow-up as part of our customer care procedures
• Marketing and communication
• To satisfy our legal and regulatory obligations
• Responding to your enquiries or processing your requests in relation to your information
• Evaluating the effectiveness of our marketing and for research, training and statistical analysis with the aim of improving our services

We do not collect more information than we need to meet our obligations to you and will not retain it for longer than is necessary.

As part of our finance consultancy and brokerage services and/or our land brokerage services we may need to gather proof of your identity, proof of residence, personal financial data and other data that may be required and share this information with lending institutions. By providing us with this information, we will treat you as having given us consent to use any such personal information.

We will only ever use your personal information to deliver the appropriate products and services to you, or fulfilling our legal or regulatory requirements such as fraud prevention, help preventing financial crime and audit purposes.

The Data Protection Principals

As we are responsible for gathering and using your personal information, we have to follow strict rules called the data protection principles. As such, we must make sure that your information is:

• Used fairly and lawfully in a transparent manner
• Used for explicit and legitimate grounds only
• Used in a way that is adequate, relevant and not excessive
• Accurate and kept up to date
• Kept for no longer than is absolutely necessary
• Handled according to your rights
• Kept safe and secure
• Not transferred outside the European Economic Area without adequate protection

Who Do We Share Your Details With and Why

As part of the services we provide we may share your data with prospective lenders, investors, vendors, purchasers, consultants, contractors and IT and other service providers necessary for the purposes of our business and with fraud and crime prevention agencies, the Financial Conduct Authority, the Financial Ombudsman Service, the Information Commissioners Office, other regulatory bodies and external auditors.

Data Retention

We will only retain your personal information for as long as is necessary to fulfill the purpose for which we have collected it.

Withdrawing Consent To Marketing

If you are a company or corporate body, you have the right to withdraw consent to marketing at any time by using the unsubscribe link on all of our marketing emails or by contacting us at info@eclipsefinance.co.uk.

If you are a private individual or sole trader or partnership then we will require specific consent from you before we can send you marketing emails but you can also withdraw consent at any time by using the unsubscribe link on all of our marketing emails or by contacting us at info@eclipsefinance.co.uk.

Security

We are committed to protecting the security and privacy of all personal information which we obtain and hold about you.

We employ appropriate technical security measures to protect your personal information and ensure that it is not accessed by unauthorised persons. Information is stored on secure computers and information is encrypted wherever possible. We use a third party service, Fasthosts Limited to help maintain the security and performance of our website. To deliver this service it processes the IP addresses of visitors to our website.

Cookies In General

Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the website.

Cookies At Eclipse Property And Commercial Finance Limited

We do not use Cookies on our website.

Where Your Information Is Stored

Information which you provide us with is stored on a computer located in the European Economic Area (EEA). This is necessary in order to process the information and to send you any information you have requested.

If You Send Us An Email

Any email you send to us, including any attachments, may be monitored and used by us for reasons of security and for monitoring compliance with office policy. Email monitoring or blocking software may also be used. Please be aware that you have a responsibility to ensure that any email you send to us is within the bounds of the law.

If You Make A Complaint to Us

If we receive a complaint, we make up a file containing the details of the complaint. The file is likely to contain the identity of the complainant and any other individuals involved in the complaint.

We will only use the personal information we collect to investigate and process the complaint.

We usually have to disclose the complainant’s identity to whomever the complaint is about. This is inevitable where, for example, the accuracy of a person’s record is in dispute.

We also usually have to disclose details of the complaint to our professional Indemnity Insurance Insurer.

We may also be required to provide a copy of the file to the Financial Ombudsman Service should an adjudicator be required to consider the complaint.

We are required to disclose high-level analytics to the Financial Conduct Authority (FCA) concerning the number and nature of any complaints we receive. This data does not include names or details that identify the specific data subject.

We will keep personal information contained in complaint files in line with our retention policy. This means that information relating to a complaint will be retained for 3 years from closure. It will be retained in a secure environment and access to it will be restricted according to the ‘need to know’ principle.

Use of Data Processors

Data processors are third parties who provide elements of our service for us. We have contracts in place with our data processors. This means that they cannot do anything with your personal information unless we have instructed them to do it. They will not share your personal information with any organisation apart from us. They will hold it securely and retain it for the period we instruct.

We use Sentori as our marketing platform and they are therefore classed as a data processor.

Your Rights

You have rights as an individual which you can exercise in relation to the information we hold about you.

Please ask us for an explanation of each should you wish to have more information:

• The right to be informed
• The right of access
• The right to rectification
• The right to erasure
• The right to restrict processing
• The right to portability (not applicable if processing under a legitimate interest basis)
• The right to object
• Rights to automated decision and profiling

Your Right To Access

You have the right to access any information we hold about you, and the right to know why that data is being processed, how long it’s stored for, and who has had or has access to it.

You will not be charged for us supplying you with this information however we do reserve the right to apply a reasonable fee where requests are deemed excessive.

We will respond to any such request within the maximum time frame allowed of one month.

How To Contact Us

For further information on how your information is used, how we maintain the security of your information and your rights to access the information we hold on you or if you would like to make a complaint, you can write to us, email us, or call us as follows:

Eclipse Finance,
The Great Barn,
Stortford Road, Clavering,
Saffron Walden,
Essex CB11 4PG
Tel: 01799 551034
Email: info@eclipsefinance.co.uk

If You Have A Complaint

If you have any concerns about your rights and our practices in relation to data protection, please contact us directly using the details provided above. We will aim to respond to your concerns and clarify how we have processed your information and with whom. We will also endeavour to put right anything that’s gone wrong. If you are still dissatisfied after contacting us, you may report your concern to the Information Commissioner’s Office by contacting them as follows:

Information Commissioner’s Office
Wycliffe House, Water Lane
Wilmslow
Cheshire SK9 5AF
Tel: 0303 123 1113
Website: www.ico.org.uk