NSF Scheme Privacy Notice

Privacy Notice

NSF plc respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

This privacy policy aims to give you information on how NSF plc collects and processes your personal data through your use of this website, including any data you may provide through this website.

The website is intended to act as a portal for you to interact with us regarding the proposed Scheme of Arrangement (the Scheme). For further details on the Scheme, please see the Practice Statement Letter (PSL) available on the Scheme Website at nsfclaims.co.uk or contact us at [email protected].

This website is not intended for children and we do not knowingly collect data relating to children.

It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.

This Privacy Notice may be amended or updated from time to time to reflect changes in our practices, the way we collect and use your information, or changes in the law.

NSF plc is made up of several legal entities and this privacy policy is issued on behalf of the NSF plc Group so when we mention "Everyday Lending", “Everyday Loans”, “George Banco”, Trust Two, "we", "us" or "our" in this privacy policy, we are referring to the relevant company in the NSF plc Group responsible for processing your data. NSF plc is the controller and responsible for this website.

THIRD-PARTY LINKS

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

OUR LAWFUL BASIS TO PROCESS YOUR INFORMATION

Where you provide personal data in relation to the Scheme, including by creating an account on or otherwise providing information through the Scheme portal or by voting on the Scheme, we will use, store and otherwise process such personal data for our legitimate interests in administering the Scheme and establishing, exercising or defending legal claims.

If the Scheme is approved and you subsequently make a claim to NSF or other Group entity, we will use our legitimate interests (in administering the Scheme) to process your information in relation to the claim and to contact you about it.

Where you discuss sensitive data with us, we will capture explicit consent from you in order to store and process this information about you.

We will process your information as per our contractual and legal obligations to ensure we're acting safely, responsibly and legally. This includes:

  • Performing adequate checks (including seeking supporting information where required) to confirm your identity and to ensure you are a Redress Creditor (as defined in the PSL).
  • Identifying the claims that will not be dealt with under the Scheme.
  • Assessing, determining and administering any potential claim you make if the Scheme is approved (including via court proceedings).
  • Responding to and complying with any regulatory requirements (i.e. Financial Conduct Authority, Financial Ombudsman Service) and legal obligations (i.e. court judgments).

If you or any third party referred below provide us with any special category data in relation to any claim under the Scheme, for example any health information, we will process this on the basis that it is necessary for the establishment, exercise or defence of legal claims, or reasons of substantial public interest in relation to the safeguarding of your economic wellbeing, for example, in order to ensure that any health condition we have been made aware of is duly considered in relation to any claim you make under the Scheme.

IF YOU FAIL TO PROVIDE PERSONAL DATA

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

THE DATA WE WILL COLLECT:

The information we will collect about you includes:

  • Your name, date of birth, address and contact information (i.e. phone number and email address)
  • Name, address and contact information (i.e. phone number and email address) for a proxy appointed by you to vote or attend the creditors meeting on your behalf
  • Details of how you or your proxy (if applicable) vote in relation to the Scheme, including any written comments you (or your proxy) provide during the voting process
  • If the Scheme is approved, details of any claim you make under it
  • Documents to verify your information (including, without limitation, bank statements or payslips)
  • Information we collect as part of assessing and making a decision about you or any claim you make under the Scheme
  • Any special category data (including relevant health information) about you that needs to be considered when assessing, determining and administering any claim under the Scheme
  • Details of the loans you have taken out (including customer reference and loan agreement numbers) and all transactions relating to these
  • Card and bank account information. If you provide us with any debit card and bank details, either via a claim under the Scheme or subsequently, we will retain those details and use them to fulfil our obligations under the Scheme, unless you advise us otherwise
  • Information about your computer including your IP address, operating system and browser type. For more details, please see our Cookie Policy
  • Your experience on our website or the Scheme portal for usability monitoring, testing and improvement. We will not, however, record any personal data you submit through the Scheme Portal for such monitoring and testing.
  • Recording and/or monitoring any written, verbal or electronic communication between you and us.

HOW WE COLLECT YOUR PERSONAL DATA

We will collect your personal data through direct interactions and automated technologies:

  • Any data you provide to us directly through our website, including through creating an account on the online portal, and through voting on the Scheme
  • Any data you provide in reference to making a claim under the Scheme, if it is approved
  • Where necessary, from third parties such as banks, credit reference and fraud prevention agencies, and other organisations that help us make decisions or assessments under the Scheme
  • Any data that you, or third parties, have previously provided to us, in connection with applying and taking out a loan in accordance with the relevant Privacy Notice made available to you when that information was collected
  • Any data provided to us in relation to loans you have taken out with any Group entity, where relevant for assessing, determining and administering a claim made under the Scheme, if it is approved.

Automated technologies means your interaction with our website. We will automatically collect technical data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive technical data about you if you visit other websites employing our cookies. Please see our cookie policy for further details.

HOW WE USE YOUR PERSONAL DATA

We will use your information to progress all aspects of the administration of the Scheme and to review and determine the validity of any claims, and administer any proven claims, made under the Scheme if it is approved. Most commonly, we will use your personal data in the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into with you, this includes:
    • to operate your account on the Scheme portal;
    • to determine whether you are a Redress Creditor and to organise the Creditor Meeting;
    • to administer the voting process in relation to the Scheme;
    • to determine, adjudicate on, and administer any claim you may make under the Scheme (including obtaining advice from third party service providers in relation to claims);
    • to contact you (using any contact details that you have given to us) via email, SMS, letter or telephone, or to send you push notifications about the Scheme and any claim you may make under it if it is approved; and
    • to respond to complaints or other correspondence from you.
  • 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 obligation.

RETENTION OF YOUR PERSONAL DATA

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

We will keep your information for one year from the date you vote on the Scheme or, if you nominate a proxy we will keep the information for one year from the date of nomination, or if the Scheme is approved and you make a claim under the Scheme, we will keep your information until your claim has been administered in full. In some circumstances you can ask us to delete your data, see your legal rights below for further information.

WHO WE WILL SHARE YOUR PERSONAL DATA WITH

We may share your personal data with the following categories of third party, any such sharing data will be under a contract requiring compliance with rules protecting your privacy:

  • The Scheme Supervisors;
  • The Scheme Adjudicator;
  • Third Parties who we use to provide support services such as providers of postal services and IT support services;
  • Third party agencies who we use to fulfil a specific marketing or communications function i.e. market research agencies, printers or agencies who liaise with printers to produce mailings, emails or text messages;
  • Companies who verify your information for us;
  • Companies who help us document, record, assess and test our internal processes and systems;
  • Companies who help us in relation to the assessment, determination and administration of claims in relation to the Scheme;
  • Companies who may store your information on our behalf;
  • Any regulator with jurisdiction in relation to the Scheme;
  • Analytics and search engine providers such as Google Analytics;
  • Third parties that you ask us to share your personal data with such as your bank or a financial advisor;
  • Any party where we are legally obliged to; and
  • Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

Some of our external third parties are based outside the UK so their processing of your personal data may involve a transfer of data outside the UK. Whenever we transfer your personal data out of the UK, we ensure a similar degree of protection is afforded to it by ensuring a comparable safeguard is implemented.

We will not transfer your data out of the European Economic Area (EEA) to any country that has been deemed (by the European Commission) to have inadequate data protection controls, except where such transfers are lawful under data protection law, including where we implement appropriate safeguards in relation to the transfer such as EU Commission’s Standard Contractual Clauses (SCCs), or their UK equivalents.

YOUR RIGHTS

You have a number of rights in relation to your personal data:

  • You have to right to withdraw consent at any time and require us to cease any data processing which we are undertaking relying solely on consent.
  • You have the right to ask us to rectify any inaccuracies in your personal information.
  • You have the right to ask us to erase or restrict processing of your personal information if it is no longer necessary for us to process in accordance with any contract or legal obligation or legitimate interest.

You have the right to request access to your personal data

You can exercise the above rights by contacting us by post to Data Protection Officer, at Everyday Lending Limited, 1st Floor North, 2 Dukes Meadow, Bourne End, Buckinghamshire, SL8 5XF by telephone on 0330 3033 505 or by email at [email protected]

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it.

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

COMPLAINTS

If you are dissatisfied about how we have used your personal data you can contact us at [email protected]

Alternatively, you also have the right to complain to the Information Commissioner's Office although they will ask you whether you have raised the matter with us beforehand. Find out how to report a concern on their website: www.ico.org.uk/concerns