Is in: Privacy Notice (UK Banking)

CONTENTS

 

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CLAUSE

1. Important information and who we are
2. The data we collect about you
3. How is your personal data collected?
4. How we use your personal data
5. Sharing your personal data
6. International transfers
7. Data security
8. Data retention
9. Individual rights
10. Credit Reference Agencies (CRA's)
11. Fraud and financial crime prevention agencies

 

Introduction

Banco de Sabadell, S.A. 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 information. This includes what you tell us about yourself (or in the case of a business, any individuals who are connected with it), what we learn by having you as a customer, and the choices you give us about what marketing you want us to send. This notice also tells you about individuals privacy rights and how the law protects them

 

1. Important information and who we are

Purpose of this privacy notice

This privacy notice aims to give you information on how Banco de Sabadell, S.A. collects and processes your personal data. It covers both personal and business information and applies to any products or services you have with us in the UK. It will continue to apply even if your agreement with us for banking services ends.

When we say 'you' or 'your', this means you and, where applicable, your business. It includes any authorised person on your account, anyone who does your banking or deals with us for you or your business, and other related people (such as an authorised signatory, partner, director, member or trustee).

Parts of this notice relate only to individuals and we have highlighted this where relevant. This includes individuals who are business customers where your business does not have a separate legal identity (such as sole traders and partners in a general partnership) and individuals connected to your business.

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

Data controller

Banco de Sabadell, S.A. is the data controller and responsible for your personal data (collectively referred to as "we", "us" or "our" in this privacy policy).

We have appointed a data protection officer (DPO) who is responsible for overseeing this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the DPO using the details set out below.

Contact details

If you have any questions about this privacy notice or our privacy practices, please contact our DPO in the following ways:

You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

Changes to the privacy notice and your duty to inform us of changes

We keep our privacy notice under regular review and it may be updated from time to time.

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

Our website at www.bancosabadelluk.com may include links to Banco Sabadell Group websites or 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.

 

2. 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:

• Financial Data: Your financial position, status and history.
• Contact Data: Your name, address and contact details.
• Socio-Demographic Data: Details about your work or profession, nationality, education and income.
• Transaction Data: Details about payments to and from your accounts with us.
• Contract Data: Details about the products or services we provide to you.
• Location Data: Data we get about where you are. This may come from your mobile phone or the place where you connect a computer to the internet. It can also include shops where you buy something with your card.
• Behavioural Data: Details about how you use products and services from us and other organisations.
• Technical Data: Details on the devices and technology you use.
• Communications Data: What we learn about you from correspondence and communications
• Social Relationships Data: Your family and other relationships.
• Public Records Data: Details about you that are in public records such as the Electoral Register, and information about you that is publicly available.
• Usage Data includes information about how you use our products and services.
• Documentary Data: Details about you that are stored in documents in different formats, or copies of them. This could include things like your passport, national identity card, driving licence, or birth certificate
• Consents Data: Any permissions, consents, or preferences that you give us including your preferences in receiving marketing from us and our third parties and your communication preferences.
• National Identifier Data: A number or code given to you by a government to identify who you are, such as a National Insurance or Tax Identification Number (TIN).

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will 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.

The law and other regulations treat some types of sensitive personal information as special. This includes information about racial or ethnic origin, sexual orientation, religious beliefs, trade union membership, health data, and criminal records. We will not collect or use any Special Categories of Personal Data about you these types of data without your consent unless the law allows us to do so. If we do, it will only be when it is necessary:

• For reasons of substantial public interest, or
• To establish, exercise or defend legal claims.

If you choose not 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.

If you choose not to give us this personal information, it may delay or prevent us from fulfilling our contract with you, or doing what we must do by law. It may also mean that we cannot run your accounts or that we must cancel a product or service you have with us but we will notify you if this is the case at the time.

 

3. How is your personal data collected?

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

• Data you give to us. You may give us your personal information by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
  • apply for our products or services;
  • talk to us on the phone or in branch, including recorded calls and notes we make;
  • use our website;
  • correspond with us in emails and letters;
  • give us feedback or contact us.
• Data we collect when you use our services. We may collect data when you use our services including details about how and where you access our services and your account activity. As you interact 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. Please see our cookie policy on our website for further details.
• Third parties or publicly available sources. We will receive personal data about you from various outside organisations and public sources as set out below:
  • Credit card providers such as Visa and Mastercard.
  • Credit reference agencies.
  • Fraud prevention agencies.
  • Other financial services companies (to help prevent, detect and prosecute unlawful acts and fraudulent behaviour).
  • Public information sources such as the Electoral Register or Companies House.
  • Agents, suppliers, sub-contractors and advisers.
  • Market researchers (who combine data from many sources to produce market trend reports and advice).
  • Government and law enforcement agencies.

 

4. 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:

• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests.
• Where it is our legal duty.
• When you consent to it.

When we have a business or commercial reason of our own to use your information, this is called a 'legitimate interest'. We will tell you what that is, if we are going to rely on it as the reason for using your data. Even then, it must not unfairly go against your interests.

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 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.

What we use your personal data for	Our reasons	Our legitimate interests
Customer service: ·To manage our relationship with you or your business, including (unless you tell us otherwise) telling you about products and services we think may be relevant for you ·To understand how you use your accounts and services ·To communicate with you about our products and services	·Performing our contract ·Our legitimate interests ·Our legal duty ·Your consent	· Keeping our records up to date · Deciding which of our products and services may interest you and telling you about them · Developing products and services and setting our charges · Asking for your consent when we need it to contact you · Being efficient about how we fulfil our legal and contractual duties
Supporting our banking operations: ·To deliver our products and services ·To administer your accounts, or process your transactions ·To manage fees, charges and interest due on your account ·To carry out checks in relation to your creditworthiness ·To collect and recover money that is owed to us	·Performing our contract ·Our legitimate interests ·Our legal duty	· Being efficient about how we fulfil our legal and contractual duties · Complying with rules and guidance from our regulators
Business improvement: ·To develop new products ·To manage how we work with other companies that provide services to us and our customers ·To develop new ways to meet our customers' needs and to grow our business	·Performing our contract ·Our legitimate interests ·Our legal duty	· Developing products and services, and setting our charges · Being efficient about how we fulfil our legal and contractual duties
Business management: ·To run our business in an efficient and proper way ·To manage our financial position, business capability, systems and processes ·To manage communications, corporate governance, insurance and audit	·Our legitimate interests ·Our legal duty	· Complying with rules and guidance from regulators · Being efficient about how we fulfil our legal and contractual duties
Managing security, risk and crime prevention: ·To detect, investigate, report, and seek to prevent financial crime ·To manage risk ·To obey laws and regulations that apply to us ·To respond to complaints and seek to resolve them ·Responding to regulatory requirements ·Protecting our legal rights	·Performing our contract ·Our legitimate interests ·Our legal duty	· Developing and improving how we deal with financial crime and complying with our legal duties in this respect · Complying with rules and guidance from regulators · Being efficient about how we fulfil our legal and contractual duties

 

Marketing

We may use your information to provide you with details about our products and services. We may send you marketing messages by post, email, telephone or text. You can change your mind on how you receive marketing messages or choose to stop receiving them at any time. To make that change, please contact us in the usual way.

Third-party marketing

We do not sell the information we have about you to outside organisations.

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

Opting out

You can ask us or third parties to stop sending you marketing messages at any time by contacting us in the usual way.

If you tell us not to send you marketing messages you will still receive statements and other important information such as changes to your existing products and services.

Automated decisions

We may use automated systems to help make certain decisions, such as credit decisions when you apply for a product or service and to carry out fraud and money laundering checks. We may use technology that helps us identify the level of risk involved in customer or account activity including for credit, fraud or financial crime reasons.

Individuals have rights over automated decisions. You can:

• ask that we do not make our decision based on the automated score alone; and
• object to an automated decision, and ask that a person reviews it.

If you would like to know more about these rights, please contact the DPO using the information provided in the 'Contact details' section.

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 our website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie Policy.

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.

 

5. Sharing your personal data

We may share your personal data with the other parties where lawful to do so including where we or they:

• need to in order to provide you with products or services you have requested;
• have a public or legal duty to do so (such as to assist with detecting and preventing fraud, tax evasion and financial crime;
• need to in connection with regulatory reporting, litigation or asserting or defending legal rights and interests;
• have a legitimate business reason for doing so, for example, to manage risk, verify your identity, enable another company to provide you with services you've requested, or assess your suitability for products and services;
• have asked you for your permission to share it, and you have agreed.

We may share your personal data for these purposes with others including:

• other Banco Sabadell Group companies and any sub-contractors, agents or service providers who work for us or provide services to us or other Banco Sabadell Group companies (including their employees, sub-contractors, service providers, directors and officers)
• law enforcement, government, courts, dispute resolution bodies, our regulators, auditors and any party appointed or requested by our regulators to carry out investigations or audits of our activities;
• someone linked with you or your business's product or service such as joint account holders, trustees, beneficiaries, executors or fellow company directors;
• people who give guarantees or other security for any amounts you owe us;
• people you make payments to and receive payments from;
• your beneficiaries, intermediaries, correspondent and agent banks, clearing houses, clearing or settlement systems and market counterparties;
• other financial institutions, lenders and holders of security over any property you charge to us, tax authorities, trade associations, credit reference agencies, payment service providers and debt recovery agents;
• any entity that has an interest in the products or services that we provide to you, including if they take on the risk related to them;
• other parties involved in any disputes, including disputed transactions;
• fraud prevention agencies who will also use it to detect and prevent fraud and other financial crime and to verify your identity;
• anyone who provides instructions or operates any of your accounts on your behalf;
• anybody else that we have been instructed to share your information with by either you, a joint account holder or anybody else who provides instructions or operates any of your accounts on your behalf;
• our card processing supplier(s) to carry out credit, fraud and risk checks, process your payments, issue and manage your card; and
• any people or companies where required in connection with potential or actual corporate restructuring, merger, acquisition or takeover, including any transfer or potential transfer of any of our rights or duties under our agreement with you.

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.

 

6. International transfers

We share your personal data within the Banco Sabadell Group. This will involve transferring your data outside the European Economic Area (EEA).

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

• 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. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
• 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. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
• 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 Europe and the US. For further details, see European Commission: EU-US Privacy Shield.

 

7. 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.

 

8. Data retention

How long will you keep my personal data for?

We keep information in line with our data retention policy. For example, if you're a customer, we'll normally keep core banking data for seven years from the end of our relationship.

We may need to retain your information for a longer period where we need the information to comply with regulatory or legal requirements or where we may need it for our legitimate purposes, for example to help us respond to queries or complaints, fighting fraud and financial crime, or responding to requests from regulators. If we do not need to retain information for this period of time, we may destroy, delete or anonymise it more promptly.

 

9. Individual rights

Individuals have a number of rights under data protection laws in relation to your personal data that we hold about you. These include 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:

• If you want us to establish the data's accuracy.
• Where our use of the data is unlawful but you do not want us to erase it.
• 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.
• 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.

If you wish to exercise any of the rights set out above, please contact our DPO in one of the ways set out in the contact details section of this privacy notice.

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 could refuse to comply with your request in these circumstances.

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.

Time limit to respond

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.

 

10. Credit Reference Agencies (CRA's)

We carry out credit and identity checks when you or your business applies for a product or service. We may use Credit Reference Agencies to help us with this. We may also search information that the CRAs have from time to time to help us manage your accounts and services.

We will share your personal and business information with CRAs and they will give us information about you. The information we exchange can include:

• Name, address and date of birth.
• Business name and address and (where applicable) date and place of incorporation.
• Credit application.
• Details of any shared credit.
• Financial situation and history.
• Fraud prevention information.
• Public information, from sources such as the Electoral Register and Companies House.

We will use this data to:

• Assess whether you or your business is able to afford to make repayments.
• Make sure what you have told us is true and correct.
• Help detect and prevent financial crime.
• Manage your accounts and services with us.
• Trace and recover debts.

We will go on sharing your personal and business information with CRAs for as long as the business is a customer. This will also include details of funds going into the account, and the account balance. If you borrow, it will also include details of repayments and whether these are made in full and on time. We will also tell the CRAs when accounts are settled with us. The CRAs may give this information to other organisations that want to check your credit status.

When we ask CRAs about you they may note it on your credit file. This is called a credit search. Other lenders may see this and we may see credit searches from other lenders.

If you apply for a product with someone else, we will link your records with theirs. We will do the same if you tell us you have a spouse, partner or civil partner or that you are in business with other partners or directors. You should tell them about this before you apply for a product or service. It is important that they know your records will be linked together, and that credit searches may be made on them. CRAs will also link your records together. These links will stay on your files unless one of you asks the CRAs to break the link. You will normally need to give proof that you no longer have a financial link with each other.

You can find out more about the CRAs on their websites, in the Credit Reference Agency Information Notice. This includes details about:

• Who they are
• Their role as fraud prevention agencies
• The data they hold and how they use it
• How they share personal information
• How long they can keep data
• Your data protection rights

The three main Credit Reference Agencies are:

• Call Credit - www.callcredit.co.uk/crain
• Equifax - www.equifax.co.uk/crain
• Experian - www.experian.co.uk/crainExperian

 

11. Fraud and financial crime prevention agencies

We will carry out checks with fraud prevention agencies for the purposes of preventing fraud and money laundering, and to verify your identity and the identity of individuals connected to your business before we provide products and services to you. These checks require us and these agencies to process information about you and individuals connected to your business.

The information you provide or which we have collected from you, or on your behalf, including from individuals connected to you or received from third parties, will be used to carry out these checks in order to prevent fraud and money laundering, and to verify your identity and the identity of individuals connected to you. This includes information such as name, address, date of birth, contact details, financial data, employment details, data relating to you or your business's products or services and data that identifies computers or other devices you use to connect to the internet (this includes your Internet Protocol (IP) address).

We and fraud prevention agencies may also enable law enforcement agencies to access and use information about you and individuals connected to you to detect, investigate and prevent crime.

We process this information on the basis that we have a legitimate interest in preventing fraud and money laundering and to verify your identity and the identity of individuals connected to you. This enables us to protect our business and to comply with laws that apply to us. This processing is also a contractual requirement of any of our products or services you use.

Fraud prevention agencies can hold information for different periods of time. If they are concerned about a possible fraud or money laundering risk this information and data can be held by them for up to six years.

If we, or a fraud prevention agency, have reason to believe there is a fraud or money laundering risk we may refuse to provide any services you have requested. We may also stop providing existing products and services to you and individuals connected to you. A record of any fraud or money laundering risk will be retained by the fraud prevention agencies and may result in others refusing to provide services to you and individuals connected to you. The information we hold about you and information relating to individuals connected to you could make it easier or harder for you or them to get credit in the future, or to employ you.

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