Terms and Conditions

Smart Money Terms and Conditions

Terms, Conditions and Acceptable Use Policy

Terms, Conditions and Acceptable Use Policy

PLEASE READ THESE TERMS AND POLICY CAREFULLY BEFORE USING THE SITE  

Terms of Use

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy and cookie policy govern Prospect Capital’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The terms “Prospect Capital” or “us” or “we” refer to the owner of the website who is Prospect Capital Limited whose registered office is at Suite 123, Regus, The Esplanade, St Helier, JE2 3AS. The company registration number is 122126. Prospect Capital Limited is registered with the Jersey Financial Services Commission under the Proceeds of Crime (Supervisory Bodies) (Jersey) Law 2008.

The term ‘you’ or ‘your’ refers to the user or viewer of the Prospect capital website.

The use of this website is subject to the following terms of use:

  • You must be 18 or over to use our site. If you are based outside Jersey in a country that has a higher age of majority, you must be over that age.
  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • This website uses cookies to monitor browsing preferences.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
  • You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
  • You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
  • Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
  • You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
  • If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
  • Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
  • From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  • Your use of this website and any dispute arising out of such use of the website is subject to the laws of Jersey.

The information contained in this website is for general information purposes only. The information is provided by Prospect Capital and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of Prospect Capital. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, Prospect Capital takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Acceptable Use Policy

Acceptable Use Policy

This acceptable use policy sets out the content standards that apply when you upload content to our site, make contact with other users on our site, link to our site, or interact with our site in any other way,

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

You may use our site only for lawful purposes. You may not use our site:

  1. In any way that breaches any applicable local, national or international law or regulation.
  2. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  3. For the purpose of harming or attempting to harm minors in any way.
  4. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  5. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  1. Not to access without authority, interfere with, damage or disrupt:
  2. any part of our site;
  3. any equipment or network on which our site is stored;
  4. any software used in the provision of our site; or
  5. any equipment or network or software owned or used by any third party.

We may from time to time provide interactive services on our site, including, without limitation:

  1. Chat rooms;
  2. Comments section; and
  3. Bulletin boards.

(“interactive services”)

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

These content standards apply to any and all material which you contribute to our site (“Contribution”), and to any interactive services associated with it.

The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

Prospect Capital will determine, in its discretion, whether a Contribution breaches the Content Standards.

A Contribution must:

  1. Be accurate (where it states facts).
  2. Be genuinely held (where it states opinions).
  3. Comply with the law applicable in Jersey and in any country from which it is posted.

A Contribution must not:

  1. Be defamatory of any person.
  2. Be obscene, offensive, hateful or inflammatory.
  3. Promote sexually explicit material.
  4. Promote violence.
  5. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  6. Infringe any copyright, database right or trade mark of any other person.
  7. Be likely to deceive any person.
  8. Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  9. Promote any illegal activity.
  10. Be in contempt of court.
  11. Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  12. Be likely to harass, upset, embarrass, alarm or annoy any other person.
  13. Impersonate any person, or misrepresent your identity or affiliation with any person.
  14. Give the impression that the Contribution emanates from [smartmoney.je], if this is not the case.
  15. Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
  16. Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
  17. Contain any advertising or promote any services or web links to other sites.

When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the terms of use  upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

  1. Immediate, temporary or permanent withdrawal of your right to use our site.
  2. Immediate, temporary or permanent removal of any Contribution uploaded by you to our site.
  3. Issue of a warning to you.
  4. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  5. Further legal action against you.
  6. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?  

If you are a consumer, please note that the terms of this policy, its subject matter and its formation are governed by the laws of the Island of Jersey. You and we both agree that the Royal Court of Jersey will have exclusive jurisdiction.

If you are a business, the terms of this policy, its subject matter and its formation (and any non-contractual disputes or claims) are governed by the laws of the Island of Jersey. You and we both agree that the Royal Court of Jersey will have exclusive jurisdiction. 

Cookie Policy

Cookie Policy

Information about our use of cookies

Cookies are small files that are sent to your PC, mobile phone or tablet when you visit a website. They stay on your device and are sent back to the website they came from when you visit it again. Cookies collect data and send it to us while you use the site. These are written into mobile apps and web pages that you go to on your device.

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. By continuing to browse the site, you are agreeing to our use of cookies.

We do not sell data to organisations outside our Group.

We use the following cookies:

  1. Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
  2. Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
  3. Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
  4. Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

Keep in mind

  1. Multiple users. If more than one person uses your device, the choices set up by other people will apply to you as well unless you change them. For example, if you share a computer with your family, you may see ads based on sites they have visited as well as sites you have visited.
  2. Cookies with more than one use: Some of our cookies collect data for more than one use. We will only use these cookies for their essential purposes.
  3. Cookies that are already on your device. Turning off one or more types of cookies will not delete any that have been downloaded in the past.
  4. Managing cookies choices in your browser. You can turn off or delete cookies in your browser. If you do this, it may affect sites that use similar cookies to us.

Cookies choices you set in your browser replace any you set on a single website. For instance, if you run an ad blocker on your browser, you won’t see ads that are tailored to you, even if you have turned on marketing cookies. Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site. Find out how to manage cookies in common browsers (Internet Explorer, Chrome, Firefox and Safari) on the Information Commissioners’ Office (ICO) website.

Legal statements

Legal statements

  1. General

Prospect Capital Limited is a limited liability company incorporated in Jersey under registration number 122126. Its registered office and principal place of business is at Suite 123, Regus, The Esplanade, St Helier, Jersey JE2 3AS. Prospect Capital is supervised by the Jersey Financial Services Commission in terms of the Proceeds of Crime (Supervisory Bodies) (Jersey) Law 2008 (as amended from time to time). “Smart Money” is a registered business name of Prospect Capital Limited. (“Prospect Capital”)

  1. Ethics and professional standards policy

Prospect Capital is committed to the highest ethical and professional standards. These apply to all our people, regardless of role. Prospect Capital’s people are required to act professionally and in compliance with relevant laws and regulations.

Prospect Capital has internal policies intended to help its people comply with these standards and with relevant laws and regulations.

  1. Anti-corruption statement

Prospect Capital has a zero tolerance policy towards bribery and corruption. We are committed to:

  • conducting business in a manner that complies with applicable laws and is consistent with the highest ethical standards including, among other things, standards intended to prevent bribery and corruption, and
  • using our best endeavours to ensure that those who perform services for and on behalf of Prospect Capital – including employees, contractors, lawyers and agents – are aware of and share our commitment to conducting business ethically.

Prospect Capital will not use third parties or intermediaries to engage on its behalf in unethical practices that would be prohibited under any applicable laws if undertaken by Prospect Capital. Prospect Capital expects that all third parties and intermediaries that it engages will conduct themselves accordingly when acting on behalf or for the benefit of Prospect Capital. Prospect Capital is committed to transparency on its ethical standards and anti-bribery initiatives and has established procedures that are described in our Anti-Corruption Policy to encourage employees to report instances or allegations of policy violations.

  1. Data privacy

Prospect Capital takes data privacy seriously. For more information see our terms

  1. Anti-money laundering policies and procedures

Our anti-money laundering (AML) policies apply in relation to all of our business. Prospect Capital conducts client due diligence enquiries on each new client and persons connected with them and conducts ongoing monitoring of existing clients. Where necessary for these purposes, we seek relevant information from third party data suppliers. Where individuals have supplied personal data for this purpose we will only use it for that purpose and will keep it only as long as the relevant AML and data protection legislation requires.

Prospect Capital also has internal procedures to ensure that any suspicions of money laundering are reported to the appropriate authorities where there is an obligation to do so.

  1. Complaints procedure

Prospect Capital is committed to compliance with the highest standards in its service to clients and in all its business dealings. Any client or supplier who is unhappy about the service or assistance that it receives from the company or our people, including any concerns about a fee, may raise its concerns through our complaints process. All complaints should be sent in writing to [COMPLAINTS@PROSPECT-CAPITAL.CO.UK]. We will endeavour to respond to your message within 48 hours or as soon as possible.

  1.  Copyright and links

The materials contained on this website are provided for general information purposes only and do not constitute legal or other professional advice. Prospect Capital Limited does not accept any responsibility for any loss which may arise from reliance on information published on this site.

The materials published on this website are unless otherwise stated the copyright works of Prospect Capital. You may make copies of materials published which are of interest to you for your own personal use and you may provide occasional copies of individual publications (in paper or electronic form) to others for information purposes only provided that you do so free of charge. When you do make copies for yourself or others, the content of the published material and the copyright notices must remain intact, your communication of the content must not be misleading or inaccurate and a copy of this notice must accompany any copies of the materials which you provide to othersYou may not republish any content or material available on our website on any other website without our prior written consent. You may not create a link to any part of our website, without our prior written consent, which can be requested by contacting [WEBSITE FEEDBACK LINK].  No other use of the materials published on this website is permitted without the express prior written consent of Prospect Capital Limited.

  1. Disclaimer

The information materials and opinions contained on this website are for general information purposes only, are not intended to constitute financial, legal or other professional advice, and should not be relied on or treated as a substitute for specific advice relevant to particular circumstances. Prospect Capital Limited does not accept any responsibility for any loss which may arise from reliance on information or materials published on this website. If you wish to find out more about the information in the materials published, please contact a Prospect Capital Director.

Certain parts of this site may link to external internet sites, and other external internet sites may link to this website. Prospect Capital is not responsible for the content of any external internet sites.

How We Use Your Personal Information

How We Use Your Personal Information

INTRODUCTION  

Welcome to the Prospect Capital’s privacy notice.

“We”, “our” or “us” means Prospect Capital Limited of Suite 123, Regus, The Esplanade, St Helier, Jersey JE2 3AS and its subsidiaries, affiliates and their respective parent, subsidiary companies and “Smart Money” as a registered business name (“Prospect Capital”). 

Prospect Capital respects your privacy and is committed to protecting your personal data. This privacy notice 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.

 

  1. IMPORTANT INFORMATION AND WHO WE ARE

 

1.1 Purpose of this Privacy Notice  

 

This privacy notice aims to give you information on how Prospect Capital collects and processes your personal data through your use of this website, including any data you may provide through this website when you sign up to our newsletter, purchase a product or service or take part in a competition.

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 notice together with any other privacy notice or fair processing notice 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 notice supplements the other notices and is not intended to override them.

 

1.2 Controller  

Prospect Capital is made up of different legal entities. This privacy notice is issued on behalf of the Prospect Capital Group so when we mention “Prospect”, “Prospect Capital”, “we”, “us” or “our” in this privacy notice, we are referring to the relevant company in the Prospect Capital Group responsible for processing your data. We will let you know which entity will be the controller for your data when you purchase a product or service with us.

We have appointed a data protection manager who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact our DPM at dpm@prospectcapital.je or DPM at Prospect Capital Limited, Suite 123, Regus, The Esplanade, St Helier, Jersey, JE2 3AS.

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO) in the UK or Jersey (www.ico.org.uk) or (ww.oicjersey.org).We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

 

1.3 Changes to the Privacy Notice and your duty to Inform us of changes  

We keep our privacy policy under regular review. Any changes we make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

 

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 notice of every website you visit.

 

  1. THE DATA WE COLLECT ABOUT YOU

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

 

  1. Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
  2. 0Contact Data includes billing address, delivery address, email address and telephone numbers.
  3. Financial Data includes bank account and payment card details, bank statements, statements of assets and liabilities, accounting records or insurance policies.
  4. Transaction Data includes details about payments to and from you and other details of applications, loans and services you have made with us.
  5. Technical Data includes internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
  6. Usage Data includes information about how you use our website, products and services.
  7. Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

 

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). We may, however, collect any information about criminal convictions and offences if you apply for a loan or service.

 

2.1 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. 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.

 

  1. HOW IS YOUR PERSONAL DATA COLLECTED?

We use different methods to collect data from and about you including through:

  1. Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
  2. apply for a loan or service;
  3. subscribe to our publications;
  1. request marketing material to be sent to you;
  1. enter a competition, promotion or survey;
  2. give us some feedback; or
  3. we sometimes record telephone conversations to resolve complaints, improve our service and for training and quality assurance purposes.
  4. Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, and other similar technologies. Please see our cookie policy for further details.

 

  1. Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
  • Public Databases – we may obtain Identity and Contact Data from public databases. We use reputable sources including, but not limited to, the electoral register, the Jersey Financial Services Commission, Companies Registry and the Guernsey Financial Services Commission, as applicable. We employ appropriate measures to assure the quality of information which we collect.
  • Credit Reference Agencies – we may obtain Identity and Contact Data from credit reference agencies when assessing your application for finance and to verify your or, if applicable, your representatives identity. Such information may include some details about your credit history, credit arrangements you have made or failed to keep, and any court judgments granted against you.

Credit Reference Agencies may keep a record of our enquiry against your name and which may be linked to your representatives (“associated records”). For the purposes of any application for a loan or services from us, you may be assessed with reference to “associated records”. Where any search or application is completed or agreement entered into involving joint parties, we may record details at credit reference agencies, as a result an “association” will be created that will link your financial records. Details of which credit reference agency we have used are available on request. We may also add to your or, if applicable, your business’s, record with the credit reference agencies details of your agreement with us, any payments you make under it and any default or failure to keep to its terms. These records may remain on the credit reference agencies’ files for 6 years after our agreement with you is settled or terminated whether settled by you or, if applicable, your business or by way of default. These credit reference agencies may create, or add to, their own record about you, or, if applicable, your business, details of our search and your application. This and other information about you or, if applicable, your business and those with whom you are linked financially may be used to make credit decisions about you or your business. You can contact us for a full list of the credit reference agencies we use;

 

You can find further information about how credit reference agencies like CallCredit, Equifax and Experian may process your personal data at www.experian.co.uk/crain [This link should work] or you can contact us to obtain a paper copy of this information.

 

  • Fraud Prevention Agencies – we may obtain Identity, Contact and Financial Data from fraud prevention agencies when we verify your identity as part of our application process, we may access information recorded by fraud prevention agencies within and outside the UK. This may include information about any criminal convictions and any allegations regarding criminal activity that relate to you.
  • Intermediaries – we may obtain Identity, Contact and Financial Data from dealers, brokers and introducers for the purposes of entering in to and administering your agreement.
  • Social Media Profile – we may obtain Identity and Contact Data where you have clicked through one of our promotions or event notices posted on a third party social media website such as Facebook or LinkedIn.
  • Public databases – we may obtain Identity and Contact Data from public databases. We use reputable sources including but not limited to the electoral register, the Jersey Financial Services Commission Companies Registry and the Guernsey Financial Services Commission, as applicable. We employ appropriate measures to assure the quality of information which we collect.

 

  1. HOW WE USE YOUR PERSONAL DATA

 

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

 

  1. Where we need to perform the contract we are about to enter into or have entered into with you, for example to verify your identity, for making a credit check on you or to apply credit scoring techniques.
  2. 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.
  3. Where we need to comply with a legal or regulatory obligation.

 

Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by Contacting us.

 

4.1 Purposes for which we will use your personal data  

 

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please Contact us [See above] if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

 

Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest
To register you as a new customer, including making a credit check or to apply credit scoring techniques

(a) Identity

(b) Contact

Performance of a contract with you

To process your application and provide a loan to you or related service,  including:

(a) Manage payments, fees and charges;

(b) Collect and recover money owed to us.

(a) Identity

(b) Contact

(c) Financial

(d) Transaction

(e) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to recover debts due to us)

To manage our relationship with you which will include:

  1. Taking steps (at your request) prior to entering into an agreement with you, and subsequently for the administration and performance of our agreement with you;
  2. Enforcing any agreement that we have with you;
  3. To establish, exercise or defend our legal rights and / or for the purpose of (or in connection with) legal proceedings
  4. The recovery of outstanding debts existing under any agreement we have with you;
  5. Notifying you about changes to our terms or privacy policy;
  6. Asking you to leave a review or take a survey.

(a) Identity

(b) Contact

(c) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests

To enable you to partake in a prize draw, competition or complete a survey

(a) Identity

(b) Contact

(c) Usage

(d) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)

To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

(a) Identity

(b) Contact

(c) Technical

(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)

(b) Necessary to comply with a legal obligation

To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you

(a) Identity

(b) Contact

(c) Usage

(d) Marketing and Communications

(e) Technical

Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences

(a) Technical

(b) Usage

Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about products or services that may be of interest to you

(a) Identity

(b) Contact

(c) Technical

(d) Usage

(e) Profile

Necessary for our legitimate interests (to develop our products/services and grow our business)

 

 4.2 Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

 

4.3 Promotional offers from us  

 

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or applied for a loan or services] from us or if you provided us with your details when you entered a competition or registered for a promotion.

 

4.4 Third-party marketing  

We will get your express opt-in consent before we share your personal data with any company outside the Prospect Capital Group of companies for marketing purposes.

 

4.5 Opting out

You can ask us or third parties to stop sending you marketing messages at any time by Contacting us (info@smartmoney.je)at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of an application for a loan or services from us, loan/service experience or other transactions.

 

4.6 Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our cookie policy.

 

4.7 Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please Contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

 

  1. DISCLOSURES OF YOUR PERSONAL DATA

 

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

  1. Internal Third Parties as set out in the Glossary.
  2. External Third Parties as set out in the Glossary.
  3. 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 notice.

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.

 

  1. INTERNATIONAL TRANSFERS

The information you provide to us will be transferred to and stored on our secure servers in the European Economic Area (“EEA”) (which for the purposes of this section shall include Jersey and Guernsey. However, from time to time, your personal data may be transferred to, stored in, or accessed from a destination outside the EEA. It may also be processed by staff operating outside of the EEA who work for a company in the Prospect Capital Group or for one of our suppliers.

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

 

  1. We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
  1. Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.
  1. Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US.

 

Please Contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

 

  1. DATA SECURITY

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

 

  1. DATA RETENTION

 

8.1 How long will you use my personal data for?  

 

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

If you are a customer we will retain your personal data for 7 years following the end of our relationship with you, unless we are required by law to keep it for a longer period of time (in which case, we will keep it until the expiry of the period required by law).

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

 

  1. YOUR LEGAL RIGHTS

 

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:

 

  1. Request access to your personal data.
  2. Request correction of your personal data.
  3. Request erasure of your personal data.
  4. Object to processing of your personal data.
  5. Request restriction of processing your personal data.
  6. Request transfer of your personal data.
  7. Right to withdraw consent.

If you wish to exercise any of the rights set out above, please Contact us.

 

9.1 No fee usually required  

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 may refuse to comply with your request in these circumstances.

 

9.2 What we may need from you  

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 may also contact you to ask you for further information in relation to your request to speed up our response.

 

9.3 Time limit to respond  

We try to respond to all legitimate requests within one month. Occasionally it may 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.

 

  1. GLOSSARY

 

10.1 LAWFUL BASIS  

 

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by Contacting us

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

 

10.2 THIRD PARTIES  

 

  • Internal third parties
  • Other companies in the Prospect Capital Group and who are based in Jersey and the UK.
  • External third parties

 

  • Service providers who provide IT, electronic storage or system administration services.
  • Professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
  • Comptroller of Taxes or HM Revenue & Customs, regulators and other authorities who require reporting of processing activities in certain circumstances.
  • to claims handlers and fraud prevention agencies.
  • to any guarantor.
  • to any funder in order to enable funders to assess the value of our assets.
  • to any broker or introducer of an agreement with us.
  • to tracing and repossession agents.

 

10.3 Your legal rights

 

You have the right to:

 

  • Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
  • Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
  • Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
  • Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
  • Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
  • Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
  • Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.