At Positive Lending we take your privacy seriously and will only use your personal information to administer your account and to provide the products and services you have requested from us.

The personal data you provide in connection with your loan application will be held by us securely in the UK. Where we need to, and only with your prior consent, we share this information with third parties such as credit reference agencies; electronic identity verification systems; and lenders via their secured systems.

Your personal data will only be used for the purpose of your loan application and will not be shared with any third party not connected to the application. We have strict measures in place to safeguard against unauthorised or unlawful processing or accidental loss of your data.

We need your consent to share your information. However, this consent will be deemed to have lapsed on the earlier of the loan completion, your withdrawal of the application or the lender declining to lend. We will explain how your information is being used at key points through your application and you have the right to withdraw your consent at any time. You can notify us by telephone, email or in writing.

For bridging loans we will need to keep in touch through the life of the borrowing to ensure your repayment plans are working and, if not, ensure timely assistance to help you avoid penalty rates and/or defaults. You will be asked to consent to this once the bridging loan funds have been released.

Business introducers’ contact details may be held on an electronic database for marketing purposes. We update introducers on the latest products and exclusives via email communication. Introducer data is held securely in the UK and you can opt out of emails at any time. Please note that if you choose to opt out we may not be able to reinstate this service at a later date.

You are entitled to request access to your personal data held by us. We will ask for proof of your identity before providing any information requested. If you have any questions concerning how your personal data is going to be used, or require a copy of information held please contact our Data Protection Officer, Alec Wimbleton on 01202 850 835, or by email at alec.wimbleton@positivelending.co.uk.

If you feel that your personal information has not been used in the way you were led to expect you have the right to complain to the Information Commissioners Office (ICO). They can be contacted via their website address is: https://ico.org.uk/your-data-matters/  or by telephone 0303 123 1113.

Client data retention

We gather your personal information to process your loan application and need to retain this information to comply with our legal and regulatory responsibilities. We also need to retain the data so that we can respond to queries in the future.

All data held is held securely and controlled in the UK. We do not hold your information for marketing purposes and will never pass this information to third parties without first explaining why and requesting your consent.

If we need to keep in touch with you after the loan has completed we will let you know and ask for your consent to do so. If we do need to do this it is only to ensure that your plans are progressing as you expected and to offer whatever help, support or guidance you may need. If you prefer us not to keep in touch simply let us know and we will mark our records accordingly.

If you would like more information about our data retention policy please contact our Data Protection Manager on 01202 850 835.

“Applicable Law” means, in respect of any obligation and to the extent applicable to the relevant obligation, any statute, regulation, ordinance or subordinate legislation which is in force for the time being and to which a Party is subject and any code of practice, guidance, handbook or rules published by a Regulator;

“Applicant” means any individual(s) referred to POSITIVE LENDING by YOU in respect of an Application;

“Application” means an Application made to the Lender for a Sales Product through or by POSITIVE LENDING in respect of an Applicant; “Commission” means the relevant rate of Net Income received under each Relevant Application as agreed in accordance with clause 2.1; “Confidential Information” means all confidential information disclosed (whether in writing, orally or by another means whether directly or indirectly) by either Party (the “Disclosing Party”) to the other Party (the “Receiving Party”) whether before or after the date of this
Agreement including, but not limited to, information relating to the Disclosing Party’s products, operations, processes, plans or intentions, product information, know-how, trade secrets, market opportunities and business affairs;

“Data Protection Legislation” means any law, statute, regulation, rule or other binding restriction regarding the protection of individuals with regards to the processing of their personal data to which a party is subject, including the Data Protection Act 2018, any other legislation which apply to a party and any code of practice or guidance published by the Information Commissioner’s Office from time to time;

“Force Majeure Event” means any event which affects the performance by a Party of its obligations under this Agreement and arises directly from an act of God, local Government or Government, war, fire, flood, earthquake or storm, acts of terrorism, explosion, civil war or civil commotion;

“FCA” means the Financial Conduct Authority;
“Lender” means any entity that enters into a loan or mortgage in relation to a Sales Products with an Applicant, or that makes the Sales Products available to Applicants;

“Net Income” the payments made to POSITIVE LENDING by a Lender in respect of a Relevant Application less any value added tax or other sales tax on them and any discounts or rebates granted by POSITIVE LENDING.

“Party” means a Party to this Agreement;

“POSITIVE LENDING” means Positive Lending (UK) Limited;

“POSITIVE LENDING Representative” means Paul McGonigle or such other person as POSITIVE LENDING notifies to YOU from time to time as its representative in respect of this Agreement;

“Regulator” means any person having regulatory or supervisory authority over the activities of POSITIVE LENDING or YOU including but not limited to the FCA, the Association of Finance Brokers, the Information Commissioner and the Bank of England or their successors; “Relevant Application” means an Application which is accepted by the Lender;

“Sales Products” means the products offered by Lenders to Applicants, including, without limitation, consumer and business secured loan products or as notified by POSITIVE LENDING to YOU from time to time;
“Services” any services to be provided by POSITIVE LENDING on behalf of YOU to the Applicant as agreed between the Parties.
“YOU” means the business principal or such other person as YOU notify to POSITIVE LENDING from time to time as its representative in respect of this Agreement;

1. POSITIVE LENDING’S obligations
1. POSITIVE LENDING will:
1. deliver the Services:
1. with reasonable care and skill and in accordance with best commercial practices and standards in the industry for similar services; and
2. in accordance with Applicable Law;
2. ensure that no use is made of the terms “information only” or “non-advised” in any communications with an Applicant where recommendations or advice are provided by POSITIVE LENDING in connection with the Services;
3. provide to person(s) appointed by YOU such access to records relating to provision of the Services and to premises from which the Services are delivered as YOU reasonable require to confirm the compliance of POSITIVE LENDING with its obligations under this Agreement, subject to a minimum of 14 days’ prior written notice.
2. Nothing in this Agreement shall:
1. require POSITIVE LENDING (or any Lender) to accept any referral or any Application, including providing Services in connection with an Application if in its sole discretion it declines to do so provided that with an Application, POSITIVE LENDING will notify YOU if it declines a referral; and/or
2. prevent POSITIVE LENDING from marketing and promoting its services direct to the general public or through other intermediaries.
3. Client ownership remains with the introducing broker and Positive Lending will not engage in any form of cross selling.

1. CONFIDENTIALITY AND PUBLICITY
1. From time to time during the term of this Agreement, Confidential Information may be given by one party to this Agreement (the “Disclosing Party”) to the other party (the “Receiving Party”).
2. The Receiving Party will treat and keep all Confidential Information as secret and confidential and will not, without the Disclosing Party’s written consent, directly or indirectly communicate or disclose (whether in writing or orally or in any other manner) Confidential Information to any other person other than in accordance with the terms of this Agreement.
3. The Receiving Party will only use the Confidential Information for the sole purpose of complying with its obligations under this Agreement.
4. The contents and the existence and the scope of this Agreement are Confidential Information.
5. Notwithstanding whether the Receiving Party uses the Confidential Information in accordance with this Agreement or not (including modifying or amending Confidential Information), all Confidential Information shall remain property of the Disclosing Party and its disclosure shall not confer on the Receiving Party any rights of the Disclosing Party (or its agents), including intellectual property rights, over the Confidential Information whatsoever beyond those contained in this Agreement.
2. LIABILITY
1. Nothing in this Agreement limits any liability which cannot

legally be limited, including liability for:

1. death or personal injury caused by negligence;
2. fraud or fraudulent misrepresentation; and
3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
1. Subject to clause 6.1, POSITIVE LENDING’S total liability to YOU shall not exceed the Commission paid to you in the 12 months prior to the matter giving rise to the claim occurring.
1. TERMINATION
1. POSITIVE LENDING shall be entitled to terminate this Agreement immediately upon the occurrence of any of the following events in respect of the other party:
1. a material breach of this Agreement which, if capable of remedy, is not remedied within a period of 30 days from the date of receipt of a notice from counter-party requiring its remedy;
2. a meeting is convened, or a petition is presented, or an order is made, or an effective resolution is passed, or notice is given for the winding-up or dissolution (other than for the sole purpose of amalgamation and reconstruction);
3. an application is made for, or any meeting of the directors or members resolves to make an application for administration order in relation to you or any party gives or files notice of intention to appoint an administration of it or such an administrator is appointed;
4. failure to maintain the licenses and consents it requires to meet the relevant requirements of any Regulator.
2. FORCE MAJEURE AND LIABILITY
1. Neither party will be liable to the other party for any delay or non-performance of its obligations under this Agreement to the extent it arises from a Force Majeure Event subject to the affected party:
1. promptly notifying the other party in writing of the cause of the delay or non-performance and the likely duration of the delay or non performance; and
2. using its best endeavours to limit the effect of the delay or non-performance on the other party.
3. GOVERNING LAW
1. This Agreement and any matter arising from or in connection with it shall be governed by and construed in accordance with English law. Each party irrevocably agrees to submit to the exclusive jurisdiction of the

English courts over any claim or matter arising from or in connection with this Agreement.