How We and Our Partners Use Your Personal and Business Data
"We", "us" and "our" means Telefónica UK Limited of 260 Bath Road, Slough SL1 4DX; Registered in England under No. 1743099;
"You" means the customer to whom the terms and conditions apply, and it includes a person who we reasonably believe is acting with your authority.
Q: What is a credit reference agency?
A: Credit reference agencies (CRAs) collect and maintain information on consumers' and businesses' credit behaviour, on behalf of organisations in the UK.
Q: What is a fraud prevention agency?
A: Fraud Prevention Agencies (FPAs) collect, maintain and share, information on known and suspected fraudulent activity. Some CRAs also act as FPAs.
Q: Why do you use them when I have applied to your organisation?
A: Although you have applied to us and we will check our own records, we will also contact CRAs to get information on your credit behaviour with other organisations. This will help us make the best possible assessment of your overall situation before we make a decision.
Q: Where do they get the information?
- publicly available information:
- The Electoral Register from Local Authorities.
- County Court Judgments from Registry Trust.
- Bankruptcy (and other similar orders) from the Insolvency Service.
- Fraud information may also come from fraud prevention agencies.
- Credit information comes
- from information on applications to banks, building societies, credit card companies etc and also from the conduct of those accounts.
- Company information and information about directors and shareholders comes from Companies House, other publicly available directories and proprietary directories at CRAs.
- Information about proprietors of non limited businesses from publicly available directories and proprietary directories at CRAs.
Q: How will I know if my information is to be sent to a CRA or FPA?
A: You will be told when you apply for an account if your application data is to be supplied. The next section of this leaflet will tell you how, when and why we will search at CRAs and FPAs and what we will do with the information we obtain from them. We will also tell you if we plan to send payment history information on you or your business, if you have one, to CRAs. You can ask at any time the name of CRAs and FPAs.
Q: Why is my data used in this way?
A: We and other organisations want to make the best possible decisions we can, in order to make sure that you, or your business, will be able to repay us. Some organisations may also use the information to check your identity. In this way we can ensure that we all make responsible decisions. At the same time we also want to make decisions quickly and easily and, by using up to date information, provided electronically, we are able to make the most reliable and fair decisions possible.
Q: Who controls what such agencies are allowed to do with my data?
A: All organisations that collect and process personal data are regulated by the Data Protection Act 1998, overseen by the Information Commissioner's Office. All credit reference agencies are in regular dialogue with the Commissioner. Use of the Electoral Register is controlled under the Representation of the People Act 2000 and the Supplementary Regulations to the Representation of the People Act 2002. Use of data from Companies House, about directors, is controlled under the Companies Act 2006 and The Companies (Disclosure of Address) Regulations 2009.
Q: Can just anyone look at my data held at credit reference agencies?
A: No, access to your information is very strictly controlled and only those that are entitled to do so, may see it. Usually that will only be with your agreement or (very occasionally) if there is a legal requirement.
- 1) When you apply to us to open a business account, we may:
a) check our own records for information on:
- i) You and your business partners' (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) (if you have one/any) personal accounts;
- ii) Your business accounts; and/or
- iii) Shareholders who are beneficial owners of 25% or more of the business;
b) Search at credit reference agencies for information on:
- i) Public data on you and your business partners' personal credit behaviour
- ii) Information on the conduct of you and your business partners' personal credit accounts if you are proprietors of a small business (ie a sole trader, partnership or limited company with three or less partners or directors);
- iii) your business
- iv) your business accounts;
- v) identity information on beneficial owners of the business;
- vi) 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; and/or
- c) Search at fraud prevention agencies for information on your business, you, your business partners, beneficial owners and your address(es).
2) What we do with the information you supply to us as part of the application
- a) Information that is supplied to us will be sent to the credit reference agencies.
- b) 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.
- c) Record information at credit reference agencies about your application, your business, you and your businesses partners.
- d) If you provide information about shareholders we will record this information at credit reference agencies
- e) So you must be sure that you have the agreement of your business partners and shareholders to disclose information about them.