Background to Complaints Handling
If we fall below expectations, we encourage customers to let us know. Below we set out our complaints handling procedure for your information.
Complaints Handling Policy
1. Complaints may be made:
a. in writing to Allegiant Finance Services Ltd, 400 Chadwick House, Warrington Road, Birchwood Park, Warrington WA3 6AE
b. by e-mail to firstname.lastname@example.org
c. by telephone to 0345 544 1563
in respect of a claims management service that we have provided and that is regulated under the Financial Markets and Services Act 2000.
2. We will send you a written or electronic acknowledgement of a complaint within five business days of receipt, identifying the person who will be handling the complaint. Wherever possible, that person will not have been directly involved in the matter which is the subject of the complaint, and will have authority to settle the complaint.
3. Within eight weeks of receiving a complaint we will send you either:
a) a final response which adequately addresses the complaint; or
b) a response which:
(i) explains why we are still not in a position to make a final response, giving reasons for the further delay and indicating when we expect to be able to provide a final response; and
(ii) informs you that you may refer the handling of the complaint to the Claims Management Ombudsman (a part of the Financial Ombudsman Service) if you are dissatisfied with the delay.
4. Where we decide that redress is appropriate, we will provide you with fair redress for any acts or omissions for which we are responsible and will comply with any offer of redress which you accept. Appropriate redress will not always involve financial redress.
5. If you are not satisfied with our response, or if a complaint is not resolved after eight weeks, you may refer the complaint to the Claims Management Ombudsman to independently consider your claims:
Text: 07860 027 586
By telephone in the UK: 0800 023 4567 (free to call on mobiles or landlines)
By telephone abroad: +44 207 964 1000
Next generation text relay calls: (18002) 020 7964 1000.
6. Time limits apply. The Claims Management Ombudsman has jurisdiction to consider a claim where you are referring a claim either within:
you are referring your complaint to the Claims Management Ombudsman within six months of our Final Response.
1. WHO WE ARE
We are Allegiant Finance Services Limited, a private limited company registered in England & Wales registration No. 07474972. Our registered address is 400 Chadwick House, Warrington Road, Birchwood Park, Warrington Cheshire WA3 6AE, which is also our principal place of business. We are authorised and regulated by the Financial Conduct Authority and our Firm Reference Number is 836810. We are registered with the Information Commissioners’ Office under reference Z2569335. Our VAT registration is 274837662. We are the Data Controller for the purposes of GDPR.
2. COLLECTION OF PERSONAL DATA
2.1 Types of data collected
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 follows:
We do not require 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). Nor do we collect any information about criminal convictions and offences. However, as part of the performance of our service, we do ask you to tell us about the impact of financial mis-selling and circumstances surrounding it. In those circumstances, should you provide us with information which does fall into a Special Category, such as health information, by virtue of providing the information, you agree that you are providing your explicit consent to the processing of that personal data. We will only use Special Categories of personal data for the purposes of establishing your claim. If you do not consent to the processing of Special Category data, you must not provide it to us.
2.2 Methods of data collection
We use different methods to collect data from and about you including through:
3. USE OF YOUR PERSONAL DATA
3.1 Purpose of using your data and relevant lawful bases
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:
The lawful bases of processing permitted in law are:
Legitimate Interest – this means the interest of our business in conducting and managing our business to enable us to give you the best service 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).
Performance of Contract – this 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.
Compliance with a legal or regulatory obligation – this means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
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, post or text message. You have the right to withdraw consent to marketing at any time by contacting us.
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.
Our use of Automated Decision Making technology
To be able to provide our payday loan claims service, it is necessary for us to identify a pattern of financial dependency on payday loan or short-term credit products. To do this, we ask preliminary questions about your frequency and extent of borrowing from each lender. We deploy automated decision making technology (ADM) to provide an instant response on the availability or otherwise of our service to you based on whether or not you meet our minimum threshold. Our website ADM process considers personal data (limited to that which you provide to us via our Application Form) and other factors relating to your lender when arriving at a decision.
|Purpose/Activity of ADM||Type of data considered in our ADM process||Lawful basis for processing including basis of legitimate interest|
|We will use your personal data to consider whether the culmination of your lending history with a specific lender brings you within our eligibility criteria. To do this, we will multiply the number of times you borrowed from a specific lender against the amount typically borrowed to calculate a estimated spend with a lender and to determine whether it meets our threshold.||
(a) performance of a contract with you
(b) Necessary for our legitimate interests (to deliver instant eligibility decisions to you and provide our services efficiently)
(c) Your explicit consent.
3.2 How Third Party Data Processors Use Your Data
In our capacity as Data Controller, we may have to share your personal data with third parties for the purposes set out in the table above. Where this occurs, these third parties are known as Data Processors.
We require all Data Processors to respect the security of your personal data and to treat it in accordance with the law. We do not allow our Data Processors 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.
4. OPTIONS TO CONTROL YOUR PERSONAL DATA
4.1 Opting out of our marketing
We provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
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 services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us only if:
We use post, email and SMS forms of direct marketing to opt in customers. You can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by Contacting Us at any time and by indicating whether you wish to opt out certain methods of direct marketing or all.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided for the purposes of us providing claims management services under contract with you.
4.2 Website Cookies
Cookies are usually small files stored on your computer’s browser directory or program data subfolders. They collect information whilst you browse.
4.3 Google Analytics
You can opt out of Google analytics by visiting Google’s opt out page at https://tools.google.com/dlpage/gaoptout
5. FAILURE TO PROVIDE US WITH 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 provide you with our claims management services. In this case, we may have to cancel our service and will notify you accordingly.
6. DATA SECURITYAND RETENTION
6.1 How we keep your data secure
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. We do not publish these, as it could undermine our security measures.
In addition, to the extent possible, 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.
6.2 International transfer of personal data
As is common with many businesses, we use Data Processors based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.
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:
Please Contact Us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
6.3 Our Data Retention Policy
By law and under the Financial Conduct Authority’s rules, we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for a reasonable period. This extends to keeping recordings of all inbound and outbound calls and copies of electronic communications such as emails or SMS.
We have determined a reasonable retention period to be 6
years after a customer ceases a contractual relationship with us. We believe this is an appropriate period to preserve evidence for tax, regulatory and legal purposes and with one eye on appropriate limitation periods relevant and the necessity to preserve evidence to aid scrutiny.
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.
7. YOUR LEGAL RIGHTS EXPLAINED
7.1 Your core legal rights under GDPR
Under certain circumstances, you have rights under data protection laws in relation to your personal data. 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.
7.2 Other legal rights under GDPR applicable to our service
You have the right to:
Object to Automated Decision Making (ADM). Where you do this, we will undertake a human review of your application based on the same eligibility criteria deployed by the ADM process in addition to any other lawful considerations we must take into account. To apply without the use of ADM, please contact us detailing your preferred contact details. We shall make appropriate arrangements to collect your relevant information and to perform a human assessment.
Request a Review of an ADM decision. You have a right for us to conduct a human review of the accuracy of the decision arrived at by our ADM process.
8. EXERCISING YOUR LEGAL RIGHTS
To opt out of automated decision making for future submissions, enter your email address below:
To exercise a right set out in section 7, please contact us.
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. 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.
Otherwise, 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.
9. MAKING A COMPLAINT
We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us using one of the following methods.
Ultimately however, you have the right to make a complaint relating to your personal data at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk).
For complaints related to our claims management services, please see Complaints Resolution.
10. CONTACTING US
Telephone: 0345 544 1563
Post: Allegiant Finance Services, 400 Chadwick House, Warrington Road, Birchwood Park, Warrington Cheshire WA3 6AE.
11. UPDATES TO THIS POLICY
Version 2.0 effective 1 April 2019. Please contact us for historic versions.
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