This policy is effective from 26th June 2016.
The Website is brought to you by DTW Associates Limited t/a Auto Advance. DTW Associates Limited t/a Auto Advance believes it is important to protect your Personal Data (as defined in the Data Protection Act 1998) and we are committed to giving you a personalised service that meets your needs in a way that also protects your privacy. This policy explains how we may collect Personal Data about you. It also explains some of the security measures we take to protect your Personal Data, and tells you certain things we will do and not do.
1. Privacy and Your Data
- 1.1. When we first obtain Personal Data from you, or when you take a new service from us, we will give you the opportunity to tell us if you do or do not want to receive information from us about other services (as applicable). You can normally do this by ticking a box on an application form or contract. You may change your mind at any time by emailing us at the address below.
- 1.2. Some of the Personal Data we hold about you may be 'sensitive personal data' within the meaning of the Data Protection Act 1998.
2. What we collect
- 2.1. We may collect the following information from voluntary use of contact forms on the website:
- 2.1.1 name
- 2.1.2 contact information including email address
- 2.1.3 other information relevant to customer surveys and/or offers
3. What we do with the information we gather
- 3.1. Personal Data about our customers is an important part of our business and we shall only use your Personal Data for the following purposes and shall not keep such Personal Data longer than is necessary to fulfil these:
- 3.1.1 To help us to identify you when you contact us.
- 3.1.2 Internal record keeping.
- 3.1.3 To collect unpaid loans and debt that may be owed by you to us.
- 3.1.4 We may use the information to improve our products and services.
- 3.1.5 To notify you about changes to our service.
- 3.1.6 We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
- 3.1.7 From time to time, we may also use your information to contact you for market research purposes.
- 3.1.8 To develop, manage and market products and services to meet your needs, to contact you for products and services that may be of interest, to determine your eligibility for different products and services that you may be interested in.
- 3.1.9 To contact you in connection with your enquiry, even if you do not proceed to complete an application with us.
- 3.1.10 To extract certain information for the purpose of generating statistics for our own internal purposes (including market and product analysis).
- 3.1.11 To help us to identify accounts, services and/or products which you could have from us or selected partners from time to time. We may do this by automatic means using a scoring system, which uses the Personal Data you have provided and/or any information we hold about you and Personal Data from third party agencies (including credit reference agencies).
- 3.1.12 To help to prevent and detect fraud or loss. We may monitor and record communications with you (including phone conversations and emails) for quality assurance and compliance.
- 3.1.13 We may check your details with fraud prevention agencies. If you provide false or inaccurate information and we suspect fraud, we will record this.
- 3.1 We may contact you by email, phone or mail. We may use the information to customise the website according to your interests.
- 3.3 We may allow other people and organisations to use Personal Data we hold about you in the following circumstances:
- 3.3.1 If we, or substantially all of our assets, are acquired or are in the process of being acquired by a third party, in which case Personal Data held by us, about our customers, will be one of the transferred assets.
- 3.3.2 If we have been legitimately asked to provide information for legal or regulatory purposes or as part of legal proceedings or prospective legal proceedings.
4 Third Parties and Assessing your creditworthiness
- 4.1 Please read the following information very carefully:
- 4.2 As a responsible lender, DTW Associates Limited has a legal obligation to take steps to ensure that our customers are creditworthy.
- 4.3 We use a variety of methods to try to make sure that we do not lend money to people who are in financial difficulty. One of these is to carry out a credit reference check. In order to do this, we shall pass the personal data that you provide to us in your loan application to a credit reference agency (CRA) called Perfect Data Solutions Limited which trades as Lending Metrics. Lending Metrics provide us with data about a customer's credit history and borrowing habits. You can contact Lending Metrics at Lancaster Court, 8 Barnes Wallis Road, Fareham, Hampshire, PO15 5TU in writing to request the information that they hold about you (please note, a small statutory fee may be payable).
- Credit decisions and also the prevention of fraud and money laundering.
- We may use credit reference and fraud prevention agencies to help us make decisions. What we do and how both we and credit reference and fraud prevention
- agencies will use your information is detailed in the section called:
- A condensed guide to the use of your personal information by ourselves and at Credit Reference and Fraud Prevention Agencies.
- By confirming your agreement to proceed you are accepting that we may each use your information in this way.
- 4.4 When you apply to us to open an account, this organisation will check the following records about you and others (see 4.5 below).
- 4.4.1 Our own database; Those at credit reference agencies (CRAs). When CRAs receive a search from us they will place a search footprint on your credit file that may be seen by other lenders. They supply to us both public (including the electoral register) and shared credit and fraud prevention information.
- 4.4.2 Those at fraud prevention agencies (FPAs).
- 4.5 We will make checks such as; assessing this application for credit and verifying identities to prevent and detect crime and money laundering. We may also make periodic searches at CRAs and FPAs to manage your account with us.
Important - Your Personal Information
A condensed guide to the use of your personal information by ourselves and at Credit Reference and Fraud Prevention Agencies
Customer Service Centre
PO Box 10036
(trading as Lending Metrics)
8 Barnes Wallis Road
Fareham, PO15 5TU
- 4.6 If you are making a joint application or tell us that you have a spouse or financial associate, we will link your records together so you must be sure that you have their agreement to disclose information about them. CRAs also link your records together and these links will remain on your and their files until such time as you or your partner successfully files for a disassociation with the CRAs to break that link.
- 4.7 Information on applications will be sent to CRAs and will be recorded by them. Where you borrow from us, we will give details of your accounts and how you manage it/them to CRAs. If you borrow and do not repay in full and on time, CRAs will record the outstanding debt. This information may be supplied to other organisations by CRAs and FPAs to perform similar checks and to trace your whereabouts and recover debts that you owe. Records remain on file for 6 years after they are closed, whether settled by you or defaulted.
- 4.8 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 FPAs and other organisations involved in crime and fraud prevention.
- 4.9 If you have borrowed from us and do not make payments that you owe us, we will trace your whereabouts and recover debts.
- 4.10 Your data may also be used for other purposes for which you give your specific permission or, in very limited circumstances, when required by law or where permitted under the terms of the Data Protection Act 1998.
- 4.11 You can contact Lending Metrics at Lancaster Court, 8 Barnes Wallis Road, Fareham, Hampshire, PO15 5TU in writing to request the information that they hold about you (please note, a small statutory fee may be payable).
- 4.12 You are not required to provide us with viewing access to your bank account transaction information (Transaction History) or internet banking access details. You may still be allowed to apply for a loan with us if you do not provide us with this information. However, if you do it will help us make an informed decision about whether we can lend to you.
- 4.13 If you agree that we may access your Transaction History the following provisions shall apply.
- 4.13.1 Provide Accurate Information. You, agree to provide true, accurate, current and complete information about yourself and your bank accounts (with us or third parties) and you agree to not misrepresent your identity or your account information. You agree to keep your bank account information up-to-date, accurate and complete.
- 4.13.2 Purposes. We will access your Transaction History using the services of a credit reference agency called Perfect Data Solutions Limited (PDS). We will use your Transaction History to assess your creditworthiness and whether the loan you seek is affordable.
- 4.13.3 Neither we nor PDS will store or have access to your internet banking credentials, PIN codes or passwords. That information is encrypted in transit and stored by a third party service provider upon their servers in a secure environment outside the EEA.
- 4.13.4 Third Party Accounts. By agreeing to allow us viewing access to your Transaction History, you authorise PDS and PDS's service providers to access third party sites designated by you, on your behalf, to retrieve information requested by us, and to register to view bank statements over a period of up to 90 days. You agree that PDS and PDS's service providers may, and are instructed by you as your agent and nominated representative, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. This will include the following purposes: copying Transaction History over a 90 day period and storing the copied Transaction History on our servers.
- 4.13.5 You agree that the Transaction History shall also be used by PDS for credit reference agency purposes and may be taken into account when producing your individual credit score which may be shared with other organisations as part of your credit record.
- 4.13.6 You acknowledge and agree that when we, PDS or PDS's service providers access and retrieve information and Transaction History from third party sites, this is undertaken as your agent, and not the agent on behalf of any third party (including the bank account provider). You should be aware that third party account providers shall be entitled to rely on this authorisation and agency granted by you. You should also be aware that this service is not endorsed or sponsored by any third party bank account providers. We would recommend that you refer to the terms and conditions of your internet banking provider if you would like more information.
- 4.13.7 You understand that allowing us to review your Transaction History is at your sole risk.
- 4.13.8 We are only able to review your Transaction History on an "as is" and "as available basis" as it is made available to us by service providers. It may not be available to us from time to time. We cannot guarantee that allowing us to review your Transaction History will guarantee the success of your loan application or the rate at which the loan is available.
5 Controlling your personal information
- 5.1 You may choose to restrict the collection or use of your personal information in the following ways:
- 5.1.1 whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes;
- 5.1.2 if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at firstname.lastname@example.org
- 5.2 We may use your personal information to send you promotional information about Auto Advance services which we think you may find interesting if you tell us that you wish this to happen. You may request details of personal information which we hold about you under the Data Protection Act 1998. If you would like a copy of the information held on you please write to Auto Advance, Ashford House, 41-45 Church Road, Ashford, Middlesex, TW15 2TY. There may be a nominal charge of £10 to cover administrative costs. If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
6 Access and Use of our Website
- 6.1 You will be able to access parts of the Website without having to register any details with us.
- 6.2 You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms, and that they comply with them.
- 6.3 We make reasonable efforts to ensure that this Website is available to view and use 24 hours a day throughout each year however, this is not guaranteed. The Website may be temporarily unavailable at any time because of: server or systems failure or other technical issues; reasons that are beyond our control; required updating, maintenance or repair.
- 6.4 Where possible we will try to give you advance warning of maintenance issues but shall not be obliged to do so.
- 6.5 You are permitted to use the Website and the material contained in it only as expressly authorised by us and in accordance with these terms and conditions, as may be amended from time to time without notice to you.
- 6.6 We provide access and use of the Website on the basis that we exclude all representations, warranties and conditions to the maximum extent permitted by law.
- 6.7 We reserve the right to:
- 6.7.1 Make changes to the information or materials on this Website at any time and without notice to you.
- 6.7.2 Temporarily or permanently change, suspend or discontinue any aspect of the Website, including the availability of any features, information, database or content or restrict access to parts of or the entire Website without notice or liability to you or any third party.
- 6.7.3 Refuse to post material on the Website or to remove material already posted on the Website
- 6.8 You may not use the Website for any of the following purposes:
- 6.8.1 Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
- 6.8.2 Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise
- 6.8.3 Breaching any applicable local, national or international laws, regulations or code of practice
- 6.8.4 Gaining unauthorised access to other computer systems
- 6.8.5 Interfering with any other person's use or enjoyment of the Website
- 6.8.6 Breaching any laws concerning the use of public telecommunications networks
- 6.8.7 Interfering with, disrupting or damaging networks or websites connected to the Website
- 6.8.8 Utilisation of data mining, robots or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Website
- 6.8.9 To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation
- 6.8.10 To create and/or publish your own database that features all or substantial parts of the Website
- 6.8.11 Making, transmitting or storing electronic copies of materials protected by copyright without the prior permission of the owner
- 6.9 In addition, you must not:
- 6.9.1 Knowingly introduce viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful to the Website
- 6.9.2 Attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to it
- 6.9.3 Attack the Website via a denial-of-service attack or a distributed denial-of service attack
- 6.9.4 Damage or disrupt any part of the Website, any equipment or network on which the Website is stored or any software used for the provision of the Website
- 6.10 A breach of this clause may be a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and disclose your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
7 Linking To The Website
- 7.1 You must not create a link to the Website from another website, document or any other source without first obtaining our prior written consent.
- 7.2 Any agreed link must be:
- 7.2.1 To the Website's homepage
- 7.2.2 Established from a website or document that is owned by you and does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the UK and the law in any country from which they are hosted
- 7.2.3 Provided in such a way that is fair and legal and does not damage our reputation or take advantage of it
- 7.2.4 Established in such a way that does not suggest any form of association, approval or endorsement on our part where none exists
- 7.3 We have no obligation to inform you if the address of the Website home page changes and it is your responsibility to ensure that any link you provide to our homepage is at all times accurate.
- 7.4 We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice you must immediately remove the link and inform us once this has been done.
8 External Links
- 8.1 To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:
- 8.1.1 The privacy practices of such websites
- 8.1.2 The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources
- 8.1.3 The use which others make of these websites
- 8.1.4 Any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources.
9 Intellectual Property
- 9.1 The content of the Website is protected by copyright (including design copyrights), trademarks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to DTW Associates Limited t/a Auto Advance’s moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world).
- 9.2 You acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.
- 9.3 You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.
- 9.4 You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices.
- 9.5 You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
- 9.6 You acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.
- 9.7 No licence is granted to you to use any of our trademarks or those of our affiliated companies.
- 10.1 It shall be your responsibility to ensure that any products, services or information available through the Website meet your specific requirements.
- 10.2 We will not be liable to you if the Website is unavailable at any time.
- 10.3 We attempt to ensure that the information available on the Website at any time is accurate. However, we do not guarantee the accuracy or completeness of material on this Website. We use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of them. We make no commitment to ensure that such material is correct or up to date.
- 10.4 All drawings, images, descriptive matter and specifications on the Website are for the sole purpose of giving an approximate description for your general information only and should be used only as a guide.
- 10.5 The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these terms and conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
- 10.6 We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
- 10.7 We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the Website.
- 10.8 We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you.
- 10.9 You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.
- 10.10 We reserve the right to disclose such information to law enforcement authorities as we reasonably feel is necessary should you breach this agreement.
- 11.1 We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
- 11.2 It is important for you to protect against unauthorised access to your password and to your computer. Be sure to sign off when you finish using a shared computer.
- 12.1 A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website. See allaboutcookies.org or www.youronlinechoices.eu to learn more about cookies.
13 Limitation Of Liability And Indemnity
- 13.1 Notwithstanding any other provision in these terms and conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:
- 13.1.1 Death or personal injury resulting from our negligence
- 13.1.2 Fraud or fraudulent misrepresentation
- 13.1.3 Action pursuant to section 2(3) of the Consumer Protection Act 1987
- 13.1.4 Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability
- 13.2 We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for the below mentioned losses which you have suffered or incurred arising out of or in connection with the provision of any matter in these terms and conditions even if such losses are foreseeable or result from a deliberate breach by us or as a result of any action we have taken in response to your breach:
- 13.2.1 Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings)
- 13.2.2 Any loss of goodwill or reputation; or
- 13.2.3 Any special or indirect losses; or
- 13.2.4 Any loss of data
- 13.2.5 Wasted management or office time
- 13.2.6 Any other loss or damage of any kind
- 13.3 You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these terms and conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.
- 13.4 This clause does not affect your statutory rights as a consumer.
- 14.1 We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
- 14.2 If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions in these terms and conditions and the remainder of the provision in question will not be affected.
- 14.3 All Contracts are concluded and available in English only.
- 14.4 If we fail, at any time to insist upon strict performance of any of your obligations under these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms and conditions, it shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
- 14.5 A waiver by us of any default shall not constitute a waiver of any subsequent default.
- 14.6 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
15 Governing Law And Jurisdiction
- 15.1 The Website is controlled and operated in the United Kingdom.
- 15.2 These terms and conditions will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.