Terms and conditions
Terms and conditions
Before using our site please read our terms of use.
By using our site, you are agreeing to the terms of use set out here. If you do not agree to these terms, we respectfully advise you not to use our site.
Use of materials
This site is owned and operated by TRK Finance and none of the material from this site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except materials specifically identified for you to use.
You may not modify or use any of the content contained within our website, without the express permission of TRK Finance. We are happy for you to link to our site, but please do not copy content to your own or any site as this is likely to infringe our copyright on this original material.
Disclaimer
Materials provided on our site are provided ‘as is’, without warranty of any kind, either express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose and non-infringement.
TRK Finance specifically does not make any warranties or representations as to the accuracy or completeness of any such materials. Periodically we will add changes, improve or update the materials on our site without notice. Under no circumstances shall TRK Finance be liable for any loss, damage, liability or expense incurred or suffered that is claimed to have resulted from the use of this site, including, without limitation, any fault, error, omission, interruption or delay with respect thereto.
Limitation of liability
The use of our site is at your sole risk. Under no circumstances, including but not limited to negligence, shall TRK Finance or its affiliates be liable for any direct, indirect, incidental, special or consequential damages, even if TRK Finance has been advised of the possibility of such damages.
You the user, specifically acknowledge and agree that TRK Finance is not liable for any of your conduct.
This site may contain advice, opinions and statements of various information providers and we do not represent or endorse the accuracy or reliability of these or other information provided. Reliance upon any such advice, opinion, statement, or other information shall also be at your own risk.
Neither TRK Finance, nor its affiliates, nor any of their respective agents, employees, information providers or content providers, shall be liable to you, any user or anyone else for any inaccuracy, error, omission, interruption, deletion, defect, alteration of, or use of, any content herein, or for its timeliness or completeness, nor shall they be liable for any failure of performance, computer virus or communication line failure, regardless of cause, or for any damages resulting there from.
As a condition of use of our site, you agree to indemnify TRK Finance and its affiliates from and against any and all actions, claims, losses, damages, liabilities and expenses (including reasonable legal fees) arising out of your use of this Site, including, without limitation, any claims alleging facts that if true would constitute a breach by you of these terms and conditions.
If you are dissatisfied with any of the material on our site or with any of our terms and conditions of use, your only and exclusive remedy is to stop accessing our site.
Complaints
If you have a complaint and are dissatisfied with our response, or we do not provide a final response within eight weeks, you may take your complaint to the Financial Ombudsman Service (FOS). However, please note that they will not deal with a complaint unless you have given us the opportunity to try and resolve it to your satisfaction first.
Note: At present we do not offer regulated loans, mortgages or credit agreements, and are not regulated by the FCA.
Consent to Data Processing
Consent to credit search
Applying loan with TRK Finance, authorises TRK Finance, to be able to provide authority to any lender with whom they are applying for finance to on our behalf, to undertake any independent background check to determine our credit worthiness / financial standing. As lead applicant, I confirm that I am able to provide authority for all shareholders and directors in this regard.
This authorisation is only valid for TRK Finance, or any potential lender they deem appropriate and / or suitable to our needs and is applicable to the provision and verification of information / details in connection with any loan application.
By submitting the loan application form to TRK Finance, I / We are authorising all parties to release information they may be holding about me / us including but not limited to criminal history, employment history, credit history, and driving history.
Privacy Notice
How we will use the information about you
TRK Finance take your privacy seriously and will use your personal information in several ways which will help us;
1. make borrowing and recommendation decisions,
2. for fraud prevention,
3. for audit,
4. for statistical analysis,
5. to provide consent for credit reference checks
We may share your information with, and obtain information about you from, credit reference
agencies or fraud prevention agencies.
Additional Marketing
From time to time, we would like to contact you with details of other products and services that we provide. If you do not wish for us to contact you, please contact the data controller at trk@trkcommercial.com.
Our role
TRK Finance will be what is known as the ‘controller’ and the ‘processer’ of the personal data you provide to us. We collect personal data about you which may also include any special types of information or location-based information.
Your Personal Data May Include
Title, names, date of birth, gender, nationality, civil/marital status, contact details, addresses and any other documents that are necessary to verify your identity.
Employment and remuneration information, (including salary/bonus schemes/overtime/sick
pay/other benefits), employment history.
Bank account details, tax information, loans and credit commitments, personal credit history, sources of income and expenditure, family circumstances and details of dependents.
Any pre-existing financial products and the terms and conditions relating to these.
Any other information needed for a finance application.
Why we require it
We need to know your basic personal data to provide you with an accurate recommendation for
your personal circumstances. We will not collect any personal data from you that we do not need to. For the processing of data to be lawful under our usage policy, we are required to obtain data for:
(a) Consent: the individual has given clear consent for you to process their personal data for a specific purpose.
(b) Contract: the processing is necessary for a contract you have with the individual, or because they have asked you to take specific steps before entering into a contract.
(c) Legal obligation: the processing is necessary for you to comply with the law (not including contractual obligations).
(d) Vital interests: the processing is necessary to protect someone’s life.
(e) Public task: the processing is necessary for you to perform a task in the public interest or for your official functions, and the task or function has a clear basis in law.
(f) Legitimate interests: the processing is necessary for your legitimate interests or the legitimate interests of a third party unless there is a good reason to protect the individual’s personal data which overrides those legitimate interests.
What we do with it
TRK Finance will pass your data captured to lenders and service providers who may use
automated decision-making in respect of your application for finance. We will only collect the minimum amount of data needed and have a clear retention policy for the profiles we create.
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or any significant effects. You can request human intervention and challenge a decision made this way by sending us an email or calling us.
All the personal data we use is controlled by TRK Finance in the UK, however, for the purposes of IT hosting and maintenance, this information is located on servers within the European Union. No 3rd parties have access to your personal data unless the law allows them to do so. We have a Data Protection Policy in place to oversee the effective and secure processing of your personal data.
We may pass your data to other third parties to provide you with offers of products suitable to meet your requirements. Your data is stored electronically on our cloud server.
How long we keep it
We are required under regulation to keep your basic personal data, such as name, address, and contact details for a minimum of 6 years, after which time it will be destroyed. The information used for marketing will be kept with us until you notify us that you no longer wish to receive this information.
What are your rights?
If at any point you believe retained information is incorrect you can request to see this information and even have it corrected and possibly deleted. Providing you with this information is free of charge.
If you wish to raise a complaint on how we have handled your personal data, you can contact our Data Protection Officer who will investigate the matter. Please write to us using the below details:
TARAK PANDYA (Data Controller) at TRK COMMERCAIL
3 BUCKINGHAM ROAD, HARROW HA1 4TD
Where relevant, you have the right to withdraw consent and object at any time and this means that we cannot process your data provided without your consent.
More information about your rights can be found on the Information Commissioners website.
https://ico.org.uk/
If you are not satisfied with our response or believe we are processing your personal data not in accordance with the law, you can complain to the Information Commissioner’s Office (ICO).