Privacy & Cookies Policy
Tuscan Capital Limited (“We” “Tuscan”) acts as a specialist property lender operating in the niche short term finance market. Tuscan has issued this Privacy Notice to describe how we handle personal information that we hold about customers (collectively referred to as “you”). Tuscan is the Controller of your personal information.
If you require any further information or wish to contact us Tuscan Capital Limited, 3rd Floor, 12 - 18 Grosvenor Gardens, London, SW1W 0DH
The section on ‘Our Website’ details information we may collect and how we use it, and the options you may have when you visit our website, www.tuscancapital.co.uk
Collecting data – when you, or someone acting on your behalf, make contact.
By phone - We may use call number identification to recognise who is calling us and to have a short term record of calls received. We may record some calls for training, monitoring and record keeping purposes. We will capture information that you give us for our records in order to deal with your enquiry and process it in accordance with our processing basis as set out below.
By email - If you send us an email that is not encrypted any personal data within it may be at risk. We will capture and process the information in the email for our legitimate interest and legal purposes as set out below. When we send emails we encrypt some emails or their content in order to protect personal data.
By post - When we receive an enquiry or a paper application it will contain personal information for applicant(s) and possibly other parties in connection with the property(ies).
By App – Automatically from you via your devices when you use the Tuscan Capital App.
By on-line web form – When you input and submits information on our enquiry form.
Providing information to us on other people including via brokers
In providing information to us about other people you warrant that you have their permission to give us their data and that you have provided them with our privacy notice so that they are aware of the basis on which we will process their information. We store information provided to us in both electronic and paper based systems.
Parties we may obtain information from
We may obtain information from:
- You, someone acting on your behalf or someone associated with you such as your spouse, any joint mortgage holders, or other financial associates
- Your employer and past employers (if required)
- People who introduce you to us
- Your professional advisers
We may also obtain information about you from other providers such as:
- credit reference agencies (see below),
- fraud prevention and search agencies,
- via Google Analytics and other websearch tools,
- social media,
- other providers of public information services such as land registry.
We only do this when we are considering whether or not to offer you a loan or manage any loan offered, or consider you for a job.
Data we may collect
- your name, address, telephone numbers, email address(s), date of birth, place of birth, nationality, tax/residency status, passport, employment, banking and financial details including those of any business that you run;
- people connected with you such as your spouse, any joint mortgage holders, or other financial associates
- demographic and lifestyle information;
- information we receive when making a decision about you, your loan or your application for such a loan;
- information that you provide by completing forms that we provide to you or you give us;
- details of the loan(s) you have and have had with us and all transactions;
- details of when you contact us and when we contact you (e.g. copies of any correspondence and recordings of telephone calls);
- details of how you applied for your loan, together with any other information (including where obtained from third parties) which we reasonably need to operate your loan, make decisions about you or fulfil our regulatory obligations;
- your preferences;
- your technology;
- your profile;
- your CV and references in the case of staff;
- your criminal convictions and the results of any checks we are required by law or regulations to undertake.
We may capture sensitive data about you with regards to your or a related persons health if you advise of an issue that we may need to take into account in dealing with your loan or dealing with you as an member of staff. We will ask you for your consent to hold this information but may retain this information where it would be in your best interests for us to do so or in order to protect us from a claim.
Who do we share your information with
We may share your information with other parties where we need to do so. We will only share information with them that is relevant to why we share it.
We share information where necessary with:
- our funders, professional advisers, contractors and third party providers and anyone who may wish to acquire all or any part of our business
- funders may receive all personal information held including all information disclosed on your application such as your name, address, date of birth, financial information and credit and anti-fraud checks we carry out on you
- professional advisors and contractors working for us may see any information that is held during the performance of their role – e.g. an auditor will be able to review all information held in our file where they are checking whether the loans we have advanced meets our lending policy. They would not, however, see all of your personal information when auditing our accounts
- anyone wishing to acquire all or any part of our business will be able to access all information held as part of their due diligence in order to assess the quality of our business and any legal or regulatory risks they may inherit
- third party providers will only have access to information relevant to the service provided. This covers any third party used to market to you. They would only have access to your contact details, age and products you have used or expressed an interest in in order to determine what products and services we may wish to market to you (including via third party products and services) and to carry out that marketing. You can withdraw your consent to marketing at any time
- other companies in the same group and associated companies
- fraud prevention and credit agencies and tracing agencies if required (see checking with credit agencies below)
- your intermediary about your application information or the performance of your loan – you may request us to cease disclosure at any time
- any recruitment agency or search provider about your job application
- any government body, law enforcement agency or regulatory body that we are required to
Basis of processing data
The information we gather and use will vary according to why we are processing it. For example, we will use all the information we gather such as your name, address, date of birth, financial information, and employment details in order to help us determine whether or not to offer you a loan, whereas we would only use your name, date of birth, contact details, what products you have taken with us or have enquired about and preferences to determine what marketing we may send to you.
We will hold and process your data for the performance of a contract and our legitimate interests in order to:
- Determine whether or not to offer a loan
- Manage any loan advanced through to redemption
- Manage any relationship with intermediaries including a record of introductions, payments made and other relevant information appropriate to managing the relationship
- Manage the relationship with funders or anyone applying to become a funder and to maintain appropriate records relevant to that relationship
- To manage business relationships with our professional advisers, contractors and third party providers
- To consider any application for a job, including CV’s, and whether to progress it
- Share information where necessary with funders, our professional advisers, contractors and third party providers and anyone who may wish to acquire all or any part of our business
- Share information with other companies in the same group and associated companies
- Carry out checks with fraud prevention and credit agencies and tracing agencies if required (see below)
- Share information with your intermediary about your application or the performance of your loan – you may request us to cease disclosure at any time
- Share information with any recruitment agency or search provider about your job application
- Manage staff performance and employment obligations
- Undertake analysis, produce models, statistics, reports and forecasts
- investigate and respond to complaints, disputes and where necessary to bring or defend legal claims
We will hold and process your data for legal purposes in order to:
- Meet our legal obligations, e.g. when you exercise your rights under data protection law and make requests
- Help identify you and meet our anti-money laundering obligations
- To meet our legal and regulatory requirements and related disclosures to any government body, regulatory authority, law enforcement agency as required
- For activities relating to the prevention, detection and investigation of crime
- For establishment and defence of legal rights
We will hold and process your data by consent for marketing purposes in order to keep you informed of:
- Our products and services and those of any group or related company
- Information contained in any newsletter we may issue
- Products and services of any selected third parties where you have agreed to this
We may use a third party provider to issue marketing information to you but will not share your information with any other third party for marketing purposes.
We may also gather information on our marketing in order to understand and measure the effectiveness of it and to make improvements as a result.
We may also process your data by consent in order to:
- Disclose information to the introducing intermediary about your loan application and the performance of your account
- Disclose any personal data we hold about you to a third party at your request
- To hold personal sensitive data about you such as any health condition that may be disclosed to us that could impact how we manage our dealings with you
We will retain information for our legitimate interests and legal purposes as follows:
- Loans advanced – up to 6 years after the loan has redeemed but may be longer where legal action has been taken or is pending
- Enquiries and applications for loans not advanced – up to 6 months from the date the enquiry or application is marked not proceeded with – may be longer where a fraudulent application is made. We may also need to keep any anti-money laundering information gathered for a period of up to 5 years
- Intermediaries – up to 6 years from the end of our relationship
- Professional advisers, contractors and third party advisers – up to 6 years from the end of our relationship
- Staff records – up to 5 years from the time of termination of employment or final actions, e.g. tribunals. unless there are ongoing legal actions or other issues such as criminal activity
Where you have consented to marketing we will retain your contact information for marketing purposes until such time as consent is withdrawn.
If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us using the contact details provided under the “How to contact us” heading below.
Checking with Credit Reference Agencies
When we carry out checks with Credit Reference Agencies (CRA) we supply information to them on based on the details you provide. We provide information to you on this before we carry out the search. The credit agencies have their own basis on which they process your data and you can view their privacy notice here:
We may also carry out checks with them in order to identify you and for fraud prevention purposes.
Please ask us if you require details of the CRAs or any other agencies we may pass your information to and who we receive information from about you.
Fraud Prevention Agencies
We may need to confirm your identity before we provide products or services to you or your business.
Once you have become our customer, we share your personal information as needed to help detect money-laundering and fraud risks. We use Fraud Prevention Agencies (FPAs) to help us with this.
Both we and FPAs can only use your personal information if we have a good reason to do so. It must be needed either for us to obey the law or regulations, or for a ‘legitimate interest’.
We use the information to:
- Confirm identities.
- Help prevent money laundering and fraud.
- Fulfil any contracts you or your business has with us.
We or an FPA may allow law enforcement agencies to access your personal information. This is to support their duty to detect, investigate, prevent and prosecute crime.
FPAs can keep personal data for different lengths of time. They can keep your data for up to six years if they find a risk of money-laundering or fraud.
Below are examples of the personal data that is used:
- Date of birth.
- Residential address.
- History of where you have lived.
- Contact details, such as email addresses and phone numbers.
- Financial data.
- Data relating to your or your business’ products or services.
- Employment details.
- Data that identifies computers or other devices you use to connect to the internet. This includes your Internet Protocol (IP) address.
We and FPAs may process your personal information in systems that look for fraud by studying patterns in the data. We may find that an account is being used in ways that fraudsters work. Or we may notice that an account is being used in a way that is unusual for you or your business. Either of these could indicate a possible risk of fraud or money-laundering.
If we or an FPA decide there is a risk of fraud, we may stop activity on the accounts or block access to them. FPAs will also keep a record of the risk that you or your business may pose.
This may result in other organisations refusing to provide you with products or services, or to employ you.
FPAs may send personal information to countries outside the European Economic Area (“EEA’). When they do, there will be a contract in place to make sure the recipient protects the data to the same standard as the EEA. This may include following international frameworks for making data sharing secure
Where we store your data
All information is generally retained within the EEA.
We will only send your data outside the European Economic Area (‘EEA’) to:
- Follow your instructions.
- Comply with a legal duty.
- Work with our agents, advisers and third party service providers who we use to help run your accounts and services.
If we do transfer information to our agents or advisers outside the EEA, we will make sure it is protected in the same way as if it was being used within the EEA. We will use one of these safeguards:
- Transfer it to a non-EEA country with privacy laws that give the same protection as the EEA.
- Put in place a contract with the recipient that means they must protect it to the same standards as the EEA.
You can find out more about data protection on the Information Commissioners website: https://ico.org.uk/
We may collect details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
Tuscan Capital Limited uses Google Analytics to collect potentially personally identifying data and information. Tuscan Capital Limited may also collect potentially personally-identifying information like Internet Protocol (IP) addresses. Tuscan Capital Limited only discloses logged in user IP addresses under the same circumstances that it uses and discloses personally-identifying information as described above.
Visitors can at any time opt out of Google Analytics tracking with the Google Analytics opt-out browser add-on which can be found at https://tools.google.com/dlpage/gaoptout
We may collect information about your computer, including where available your IP address, operating system and browser type. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us:
- To estimate our audience size and usage pattern.
- To store information about your preferences, and so allow us to customise our site according to your individual interests.
- To speed up your searches.
- To recognise you when you return to our site.
- Most browsers are set to automatically accept cookies. If you're using Microsoft's Internet Explorer, Mozilla Firefox, Google Chrome or Safari you should be able to configure your browser to restrict or block cookies, or you may wish to delete them, by going to your browsers settings.
You have the right as an individual to request details on the information we hold on you and to ask us to correct any information which may be inaccurate. To exercise your right please contact us and ask for a Data Subject Access Request form.
You are also able to exercise your right to be forgotten. This does not mean we will have to automatically delete all information held on you as we may still need to keep appropriate information in order to meet our legal obligations and for our legitimate interests.
There are other rights which, due to the basis on which we process data, you may not always be able to exercise. These include:
- To restrict processing of your data
- To provide your data in a portable format
- To object to the processing of your data
You might also wish to complain about the way in which we have processed your data.
To exercise your rights or to make a complaint please contact us:
Post: Tuscan Capital Ltd, Level 3, 12 – 18 Grosvenor Gardens, London, SW1W 0DH
Call: 0207 8469030
You also have the right to make a complaint to the Information Commissioners Office. You can make a complaint to them via their website https://ico.org.uk/make-a-complaint/ or by calling them on 0303 123 1113.
Changes to this privacy notice
We may review our privacy notice from time to time.